Georgia Senate - 1995/1996 Sessions

SB 369 - Mot. Veh. Accident Claims - cert. solicitation by attorneys unlawful

Page Numbers - 1/ 2/ 3

Code Sections - 33-34-9.2

1. Edge  28th


Senate Comm: S Judy     /         House Comm: Judy       /                                          
Senate Vote: Yeas 51    Nays 0                                                                      
           ---------------------------------------------                                            
              Senate          Action          House                                                 
           ---------------------------------------------                                            
             2/17/95   Read 1st time          3/1/95                                                
             2/22/95   Favorably Reported                                                           
             2/27/95   Read 2nd Time          3/6/95                                                
             2/28/95   Read 3rd Time                                                                
             2/28/95   Passed/Adopted                                                               
           ---------------------------------------------                                            
                                                                                                    
Code Sections amended: 33-34-9.2                                                                    


SB 36995                                          LC 21 3313

      SENATE BILL 369

      By:  Senator Edge of the 28th


                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Chapter 34 of Title 33 of the Official Code of
  1- 2  Georgia Annotated, relating to motor vehicle accident
  1- 3  insurance, so as to provide that in a claim arising out of a
  1- 4  motor vehicle accident, it shall be unlawful for an attorney
  1- 5  to give anything of value to a nonattorney for a referral;
  1- 6  to provide that a health care provider may not give anything
  1- 7  of value for a referral; to restrict the review of certain
  1- 8  records for commercial purposes; to prohibit certain
  1- 9  referrals for a fee; to provide penalties; to repeal
  1-10  conflicting laws; and for other purposes.

  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-12  Chapter 34 of Title 33 of the Official Code of Georgia
  1-13  Annotated, relating to motor vehicle accident insurance, is
  1-14  amended by inserting immediately following Code Section
  1-15  33-34-9.1 the following:

  1-16    "33-34-9.2. (Index)

  1-17    (a) In a claim arising out of a motor vehicle accident, an
  1-18    attorney shall not compensate or give anything of value to
  1-19    a nonattorney to recommend or secure employment by a
  1-20    client or as a reward for having made a recommendation
  1-21    resulting in employment by a client, except that the
  1-22    attorney may pay:

  1-23      (1) The reasonable cost of advertising or written
  1-24      communication as permitted by the rules of professional
  1-25      conduct; or

  1-26      (2) The usual charges of a not for profit legal referral
  1-27      service or other legal service organization.

  1-28    Upon conviction of an offense provided for by this
  1-29    subsection, the prosecutor shall certify such conviction
  1-30    to the disciplinary board of the State Bar of Georgia for
  1-31    appropriate action.  Such action may include a suspension
  1-32    or disbarment.

                             S. B. 369
                                 -1- (Index)

                                                  LC 21 3313

  2- 1    (b) With respect to a motor vehicle insurance benefit or
  2- 2    claim, a health care provider shall not compensate or give
  2- 3    anything of value to a person to recommend or secure the
  2- 4    provider's service to or employment by a patient or as a
  2- 5    reward for having made a recommendation resulting in the
  2- 6    provider's service to or employment by a patient, except
  2- 7    that the provider may pay the reasonable cost of
  2- 8    advertising or written communication as permitted by rules
  2- 9    of professional conduct.  Upon a conviction of an offense
  2-10    provided for by this subsection, the prosecutor shall
  2-11    certify such conviction to the appropriate boards for
  2-12    appropriate action.  Such action may include a suspension
  2-13    or revocation of the health care provider's license.

  2-14    (c) With respect to a motor vehicle accident, no attorney
  2-15    or health care provider, or any agent thereof, shall be
  2-16    allowed to examine any accident report or related
  2-17    investigative report or a reproduction of any accident
  2-18    report or related investigative report for commercial
  2-19    solicitation purposes.  For purposes of this subsection,
  2-20    the term 'commercial solicitation purpose' means a request
  2-21    for an accident report at a time when there is no
  2-22    relationship between the person or the principal of the
  2-23    person requesting the accident report and any party
  2-24    involved in the accident and there is no reason for the
  2-25    person to request the report other than for purposes of
  2-26    soliciting a business or commercial relationship.

  2-27    (d) A person may not receive compensation, a reward, or
  2-28    anything of value in return for providing names,
  2-29    addresses, telephone numbers, or other identifying
  2-30    information of victims involved in motor vehicle accidents
  2-31    to an attorney or health care provider which results in
  2-32    employment of the attorney or health care provider by the
  2-33    victims for purposes of a motor vehicle insurance claim or
  2-34    suit.  Attempts to circumvent this Code section through
  2-35    use of any other person, including, but not limited to,
  2-36    employees, agents, or servants, shall also be prohibited.
  2-37    This provision shall not prohibit an attorney or health
  2-38    care provider from making a referral and receiving
  2-39    compensation as is permitted under applicable professional
  2-40    rules of conduct.

  2-41    (e) Any person who violates any provision of this Code
  2-42    section shall be guilty of a misdemeanor involving moral
  2-43    turpitude."



                             S. B. 369
                                 -2- (Index)

                                                  LC 21 3313

                         SECTION 2.

  3- 1  All laws and parts of laws in conflict with this Act are
  3- 2  repealed.












































                             S. B. 369
                                 -3- (Index)