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Bill Summary · HB 1237

Summary of House Bill 1237

Bill Number: HB 1237
Title: To Prohibit Medical Professionals from Soliciting Injured Individuals; and to Set Penalties for a Violation of the Prohibition of Solicitation of Injured Individuals.
Status: Died on House Calendar at Sine Die adjournment
Introduced: January 27, 2025
Classification: Bill

Purpose and Intent

House Bill 1237 aimed to prohibit medical professionals from soliciting individuals who have been injured in accidents or other events. The intent of the bill was to protect injured individuals from aggressive marketing practices by healthcare providers, ensuring that they are not pressured into seeking medical treatment immediately following an injury.

Key Provisions

The bill proposed several key provisions:

  1. Definition of Terms:

    • Medical Professional: Defined as any person licensed or certified to practice healthcare services.
    • Solicitation: Included various forms of communication such as in-person, telemarketing, phone calls, text messages, and electronic messages.

  2. Prohibition of Solicitation:

    • Medical professionals, including their employees and contractors, were prohibited from soliciting injured individuals for treatment unless:
      • There is a prior relationship with the individual.
      • The solicitation occurs more than 30 days after the injury event.

  3. Penalties for Violations:

    • Violating this prohibition would be classified as a Class D felony.
    • Any agreement for healthcare services resulting from such solicitation would be deemed invalid, and collection of debts arising from these agreements would be prohibited.

  4. Refunds and Legal Recourse:

    • Individuals or insurance companies who paid for services obtained through a violation would be entitled to a full refund and reasonable attorney’s fees.
    • Victims of violations could pursue private legal action for pecuniary losses, with potential recovery of damages.

  5. Advertising Exceptions:

    • The bill allowed for targeted direct-mail advertising and other non-coercive forms of advertising, provided they were not misleading.

  6. Deceptive Trade Practices:

    • Violations would also be classified as deceptive trade practices under existing Arkansas law, allowing for additional enforcement measures.

Impact

If enacted, HB 1237 would have significantly impacted how medical professionals interact with potential patients following accidents. It aimed to create a more ethical environment in healthcare marketing, protecting vulnerable individuals from undue pressure. The bill's penalties could deter aggressive solicitation practices, thereby fostering a more patient-centered approach to healthcare.

Legislative Actions

  • January 27, 2025: Filed and read for the first time.
  • January 29, 2025: Returned by the Committee with a "Do Pass" recommendation.
  • January 30, 2025: Read a third time and failed.
  • May 5, 2025: Died on House Calendar at Sine Die adjournment.

In summary, while HB 1237 sought to address important ethical concerns in medical solicitation practices, it ultimately did not progress through the legislative process.

Compiled from official sources — confirm details with the bill’s official record.

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