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2004 SESSION
043549404Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 8.01-27.3 as follows:
§ 8.01-27.3. Civil recovery for professional services.
In the event any insured or enrollee of an accident and sickness insurance
policy or health maintenance organization receives payment from the insurance
company or health maintenance organization licensed under Title 38.2, pursuant
to a claim that involves the provision of services to the insured or enrollee
by a professional licensed under Title 54.1, and within 30 days of receipt of
the payment does not forward the payment with the necessary endorsement to the
professional for application towards the unpaid balance on the professional
services subject to the claim, the professional may in a civil action brought
by the filing of a warrant in debt recover from the insured or enrollee the
lesser of $250 or three times the amount of the payment, together with the
amount of the payment. The amount recovered as authorized by this section
shall be in addition to the amounts authorized for recovery under § [ 8.01-27.1
8.01-271.1 ] . No action may be initiated under this section unless the
professional, prior to receipt of payment by the insured or enrollee, forwards to the insured
or enrollee via first class mail an invoice for services rendered. [ No action
may be initiated under this section if an action has been initiated pursuant to
§ 18.2-181. ]