Senate File 56 - Introduced SENATE FILE BY DOTZLER Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to an employer's failure to make payments for 2 employee health care benefits and providing a penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2068SS 81 5 av/sh/8 PAG LIN 1 1 Section 1. NEW SECTION. 91A.12A CRIMINAL PENALTIES == 1 2 HEALTH BENEFITS PLANS. 1 3 An employer who knowingly fails to make payments to a 1 4 health benefit plan or to a designee of an employee for the 1 5 purpose of securing medical, health, or hospital benefits for 1 6 the employee, when the payments are required, or are 1 7 authorized by the employee under an agreement with the 1 8 employer or under a policy of the employer, is guilty of a 1 9 fraudulent practice. 1 10 Sec. 2. Section 714.8, Code 2005, is amended by adding the 1 11 following new subsection: 1 12 NEW SUBSECTION. 21. An employer who knowingly fails to 1 13 make payments to a health benefit plan or to a designee of an 1 14 employee for the purpose of securing medical, health, or 1 15 hospital benefits for the employee in violation of section 1 16 91A.12A. 1 17 Sec. 3. Section 714.10, Code 2005, is amended by adding 1 18 the following new subsection: 1 19 NEW SUBSECTION. 3. A fraudulent practice which is a 1 20 violation of section 91A.12A. 1 21 EXPLANATION 1 22 This bill provides that it is a criminal violation of the 1 23 "Iowa Wage Payment Collection Law" for an employer to 1 24 knowingly fail to make payments to a health benefit plan or to 1 25 a designee of an employee for the purpose of securing medical, 1 26 health, or hospital benefits for the employee, when the 1 27 payments are required, or are authorized by the employee, 1 28 under an agreement with the employer or under a policy of the 1 29 employer. 1 30 The bill provides that this violation constitutes the crime 1 31 of a fraudulent practice in the second degree under Code 1 32 sections 714.8 and 714.10. 1 33 The bill provides that a fraudulent practice in the second 1 34 degree is committed by a violation of Code section 91A.12A. A 1 35 fraudulent practice in the second degree is a class "D" felony 2 1 and is punishable by confinement for no more than five years 2 2 and a fine of at least $750 but not more than $7,500. 2 3 LSB 2068SS 81 2 4 av:rj/sh/8