1. A. As used in this section:

   1. 1. "Direct contract" means a written agreement between the health care provider and the person directly purporting to offer discounts through the discount card which expressly states the intent of this agreement to be used for the purpose of offering discounts on health-related purchases to uninsured or noncovered persons.
   2. 2. "Discount card" means a card or any other purchasing mechanism or device, which is not insurance, that purports to offer discounts or access to discounts in health-related purchases from health care providers;
   3. 3. "Health care provider" means any person or entity licensed by this state to provide health care services including, but not limited to, physicians, hospitals, home health agencies, pharmacies, and dentists;
   4. 4. "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, limited liability company, or any other government or commercial entity;

2. B. It shall be unlawful for any person to sell, market, promote, advertise or otherwise distribute any discount card where:

   1. 1. Any discount offered by such discount card is not specifically authorized by a separate direct contract between each health care provider and the person selling the discount card;
   2. 2. The discount card does not expressly state in bold and prominent type that such discount is not insurance; and
   3. 3. The discount or range of discounts offered by such discount card are misleading, deceptive or fraudulent, regardless of the literal wording used on such discount card.

3. C. The penalty for a person who violates the provisions of this section may include:

   1. 1. A full repayment of all funds collected from individuals which purchased or incurred expenses as a result of buying or using the discount card;
   2. 2. Payment to health care providers for services provided to any person who defaulted on payment of claims related to their use of the discount card;
   3. 3. An amount equal to One Hundred Dollars ($100.00) per discount card sold, marketed, promoted, advertised or otherwise distributed within the State of Oklahoma, or Ten Thousand Dollars ($10,000.00), whichever is greater;
   4. 4. Three times the amount of the actual damages, if any, sustained;
   5. 5. Reasonable attorney’s fees;
   6. 6. Costs; and
   7. 7. Any other relief which the court deems proper.

Laws 2001, HB 1341, c. 363, § 11, emerg. eff. July 1, 2001.