Today's Law As Amended


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SB-1046 Insurance: mental illness: developmental disabilities: coverage: penalties.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 10144.53 is added to the Insurance Code, to read:

10144.53.
 (a) In addition to any other remedy permitted by law, the commissioner shall have the authority to assess administrative penalties as specified in this section against insurers for violations of Sections 10144.5 and 10144.51.
(b) Any person who violates Section 10144.5 or 10144.51, or who violates any rules or orders adopted or issued pursuant to this chapter based on a violation of Section 10144.5 or 10144.51, shall be liable for a penalty not to exceed two thousand five hundred dollars ($2,500) for each violation or, for a violation that is ongoing and continuous, not to exceed two thousand five hundred dollars ($2,500) for each day that the violation continues.
(c) Each patient harmed by a violation of Section 10144.5 or 10144.51, or any rules or orders adopted or issued pursuant to this chapter based upon a violation of Section 10144.5 or 10144.51, constitutes a separate and distinct violation subject to the penalties set forth in this section.
(d) The remedies provided by this section and by other sections of this code are not exclusive, and may be sought and employed in any combination to enforce this chapter.
(e) A penalty imposed pursuant to this section shall be imposed and determined by the commissioner in a proceeding conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.