AN ACT CONCERNING SOLICITATION OF CLIENTS, PATIENTS OR CUSTOMERS.

This bill makes it a crime for someone to knowingly, for financial gain, procure or attempt to procure a client, patient, or customer at the direction of, request of, or in cooperation with a “provider” as defined by the bill whose purpose is to:

1. seek to obtain benefits under an insurance contract;

2. assert a claim against an insured or an insurance carrier for providing services to the client, patient, or customer; or

3. obtain benefits under or assert a claim against a state or federal health care benefits program or prescription drug assistance program.

The bill labels such a person a “runner. ” It specifies that certain individuals are not runners.

The bill also makes it a crime to solicit, direct, hire, or employ someone as a runner. The penalty for acting as, or hiring, a runner is imprisonment for up to one year, or a fine of up to $ 5,000, or both.

The criminal penalties do not apply to the referral of individuals between (1) attorneys, (2) health care professionals, or (3) attorneys and health care professionals.

1. procures or attempts to procure clients, patients, or customers for a provider through public media;

2. refers prospective clients, patients, or customers to a provider as otherwise authorized by law;

3. facilitates, presents, or speaks at a meeting, program or seminar that is open to the public and at which information about a provider's services are discussed; or

4. is a bona fide employee of a provider who responds to an inquiry or request for information initiated by a prospective client, patient, or customer.

The bill specifies that it is in addition to, and cannot be interpreted to limit or restrict, the laws that (1) prohibit soliciting individuals to file lawsuits for damages, or soliciting cases for attorneys, or (2) limit communications by attorneys to prospective clients (see BACKGROUND).

*House Amendment “A” (1) expands the class of people excluded from the definition of runner by also excluding those who (a) facilitate or speak at a public gathering at which information about a provider's services are discussed or (b) are a provider's employee who responds to an inquiry initiated by a prospective client, patient, or customer; (2) adds the provision dealing with other laws that restrict soliciting and limit communications by attorneys with prospective clients; (3) eliminates an exception from the definition of public media for contact or mailings within 40 days of an accident to any person (a) who has been involved in a motor vehicle accident, (b) who has suffered a personal injury, or (c) whose relative has suffered a wrongful death; (4) defines “health care professional”; and (5) makes certain technical changes.

1. an attorney;

2. a health care professional;

3. a person who owns or operates a business or entity that provides legal or health care services;

4. a person who, by his or her representations, creates a reasonable belief that he or she or his or her practice, business, or entity can provide legal or health care services; or

5. a person employed by or acting on behalf of any of these persons.

Under the bill, a health care professional includes any person licensed or who holds a permit for or as:

1. medicine and surgery,

2. chiropractic,

3. natureopathy,

4. podiatry,

5. athletic training,

6. physical therapists,

7. occupational therapists,

8. substance abuse counselors,

9. radiographer and radiologic technologist,

10. midwifery,

11. nursing,

12. dentistry,

13. dental hygienists,

14. optometry,

15. optician,

16. respiratory care practitioner,

17. psychologist,

18. marital and family therapist,

19. clinical social worker,

20. professional counselor,

21. veterinary medicine,

22. massage therapist,

23. dietitian and nutritionist,

24. acupuncturist,

25. paramedic,

26. embalmer and funeral director,

27. hearing instrument specialist, and

28. speech and language pathologist and audiology.

The bill defines a “runner” as an individual who, for a pecuniary benefit, procures or attempts to procure a client, patient, or customer at the direction of, request of, or in cooperation with a provider whose purpose is to:

1. procures or attempts to procure clients, patients, or customers for a provider through public media;

2. refers prospective clients, patients, or customers to a provider as otherwise authorized by law;

3. facilitates, presents, or speaks at a meeting, program, or seminar that is open to the public and at which information about a provider's services are discussed; or

4. is a bona fide employee of a provider who responds to an inquiry or request for information initiated by a prospective client, patient, or customer.

Under the bill, “public media” means telephone directories, professional directories, newspapers and other periodicals, radio and television, billboards, mail, or electronically transmitted written communications that do not involve in-person contact with a specific prospective client, patient, or customer.

The law prohibits individuals not licensed as attorneys from soliciting, advising, requesting, or inducing another person to cause an lawsuit for damages to be instituted, if (1) he may, by agreement or otherwise, directly or indirectly, receive compensation from person filing suit or his or her attorney, or (2) in which lawsuit the compensation of the attorney instituting or prosecuting the action, depends upon the amount of the recovery. Violators are subject to a fine of up to $ 100, or imprisonment up to six months, or both (CGS § 51-86).

1. any other person with something of value to solicit or obtain a cause of action or client for an attorney;

2. any other person with something of value for soliciting or bringing a cause of action or a client to an attorney;

3. a police officer, court officer, correctional institution officer or employee, a physician, any hospital employee, an automobile repairman, tower or wrecker, funeral director or any other person who induces any person to seek the services of an attorney; or

4. any other person with something of value to induce him to bring a cause of action to, or to come to, an attorney or to seek his professional services.

The law also makes it a crime to employ an agent, runner, or other person to solicit or obtain a cause of action or a client for an attorney. Violators are subject to a fine of up to $ 10,000 or imprisonment of up to three years or both. This does not apply to an attorney's engaging other or additional attorneys for professional assistance or to an attorney's referring a case to another attorney (CGS § 51-87(a)).

The law also makes it a crime for anyone to knowingly (1) receive or accept any payment, remuneration, or reward of value for referring or bringing a cause of action or prospective client to an attorney or (2) induce or influence any other person to seek the professional advice or services of an attorney. Violators are subject to a fine of up to $ 10,000, or imprisonment of up to three years, or both. This does not apply to the referral by an attorney of causes of action or clients or other persons to another attorney (CGS § 51-87(b).

Related Law- Limitations on Written Communications to Prospective Clients.

An attorney may not send, or knowingly permit to be sent, on behalf of his or her firm or other attorneys affiliated with his or her firm a written communication to a prospective client to obtain professional employment if:

1. the written communication concerns an action for personal injury or wrongful death or otherwise relates to an accident or disaster involving the person to whom the communication is addressed or a relative of that person, unless the accident or disaster occurred more than 40 days before the mailing of the communication;

2. the written communication concerns a specific matter and the attorney knows or reasonably should know that the person to whom the communication is directed is represented by an attorney in the matter;

3. it has been made known to the attorney that the person does not want to receive such communications from him or her;

4. the communication involves coercion, duress, fraud, overreaching, harassment, intimidation, or undue influence;

5. the communication contains a false, fraudulent, misleading, deceptive, or unfair statement or claim; or

6. the attorney knows or reasonably should know that the physical, emotional or mental state of the person makes it unlikely that the person would exercise reasonable judgment in employing an attorney.

The law also contains certain requirements concerning written communications to prospective clients known to be in need of legal services in a particular matter for the purpose of obtaining professional employment (CGS § 51-87a).