HB1237
To Prohibit Medical Professionals From Soliciting Injured Individuals; And To Set Penalties For A Violation Of The Prohibition Of Solicitation Of Injured Individuals.
AI-Generated Summary
This bill, House Bill 1237, aims to prohibit medical professionals from soliciting individuals who have recently been injured or involved in accidents. Solicitation is defined broadly to include various forms of direct communication such as in-person contact, telemarketing, text messages, and electronic messages. The prohibition applies to medical professionals and their employees, agents, or independent contractors. Exceptions to this rule include situations where the medical professional has a pre-existing family or professional relationship with the injured individual, or if the solicitation occurs more than thirty days after the event causing the injury. Violations of this prohibition are classified as a Class D felony. Furthermore, any agreement for healthcare services resulting from a prohibited solicitation would be deemed invalid, and providers would be required to issue full refunds for payments received. Patients, persons, or insurance companies who paid for services under such agreements are entitled to a refund and reasonable attorney's fees for collection. The bill also clarifies that certain forms of advertising, like targeted direct mail, radio, or television ads, are permissible if they are not coercive, deceptive, or misleading. Violations are also considered deceptive trade practices, subject to enforcement under existing law, and individuals suffering financial loss can bring a private lawsuit to recover damages, costs, attorney's fees, and a statutory minimum award.
Potential Impact Analysis
Who Might Benefit?
['Injured individuals who are targeted for medical services shortly after an incident would benefit from this bill. They would be protected from potentially aggressive or exploitative solicitation by medical professionals. The bill aims to ensure that individuals have the space to recover and make informed decisions about their healthcare without immediate pressure from medical providers seeking to treat their injuries. Additionally, insurance companies that might otherwise be obligated to pay for services rendered under potentially invalid agreements would also benefit from the provisions invalidating such contracts and facilitating refunds.', 'The general public may also benefit from increased ethical standards within the medical profession, as the bill seeks to curb potentially predatory practices. Consumers of healthcare services, in general, are often protected by laws against deceptive and unconscionable trade practices, and this bill extends those protections to a specific scenario involving injured individuals.']
Who Might Suffer?
["Medical professionals, including those who employ or contract with them, who engage in the direct solicitation of injured individuals for treatment shortly after an accident or injury, would be negatively impacted. This bill would restrict their ability to acquire new patients through these specific methods. The penalties, including felony charges, invalidation of service agreements, and potential civil lawsuits for damages and attorney's fees, represent significant professional and financial risks.", 'Medical professionals who rely on rapid patient acquisition following incidents, potentially through direct outreach to injured parties or their representatives, might experience a reduction in their patient base and revenue. The explicit invalidation of payment agreements and requirement for refunds directly penalizes such practices.']