HB 1877 -- Unlawful Merchandising Practices

Sponsor:  Smith

This bill creates a cause of action for the fraudulent promotion
of health-related cash discount cards.  The bill makes the
marketing or distribution of such cards an unlawful
merchandising practice.  The person or entity issuing such a
card is liable when: (1)  the card fails to expressly state that
it is not an offer of insurance; (2)  the card is not
specifically authorized by a separate account with the health
care provider listed on the card; or (3)  the discount offer is
deceptive. Prevailing plaintiffs in such actions may be
awarded:  (1)  $10,000 or $100 per card distributed in Missouri,
whichever is greater; (2)  three times the amount of any proven
actual damages; (3) attorney's fees; (4)  court costs; and (5)
any other relief the court deems proper.  The bill sets forth
provisions regarding jurisdiction, venue, and time limitations.
The bill does not apply to discount cards for eye or vision care
services.