BOARD OF EDUCATION OF THE BOROUGH OF MADISON

Transcription

1 BOARD OF EDUCATION OF THE BOROUGH OF MADISON 359 Woodland Road Madison, NJ (973) Fax (973) Dr. Michael A. Rossi, Jr. Superintendent Gary S. Lane Business Administrator/ Board Secretary TO: Parents/Guardians FROM: Gary Lane RE: Student Accident Insurance Voluntary Insurance Enrollment Claims Filing Instructions DATE: August 2014 Voluntary Enrollment in Student Accident Insurance Program: The Board of Education has arranged to make available for your purchase a low cost student accident insurance plan for the school year. The district is transitioning from our prior carrier (Bollinger) to Monarch Management Corporation. The purchase of this insurance coverage is directly between the family and the insurance company. Although this plan is a comprehensive one, it does not necessarily provide payment for all expenses incurred in an accident. Please visit and review all the information to fully understand the product Monarch is offering. This information can also be found by visiting our website at click the Health Services Tab at the top, click the links on the left side of the page. Voluntary enrollment information is available electronically on their website. For those wishing to enroll, the sign up is completed online at the following link - The parent/guardian simply begins by selecting the home district Madison from the drop down menu and follow the instructions to completion. Claims Filing Instructions: In the event you need to file a claim, all claims will shift primarily to online reporting. The link to the online portal for claims reporting is found on the Monarch Management page The Madison School District is already setup with a single username and password that can be used to initiate student accident claims through the online portal. These credentials are below. Please use the online system as the primary method of inputting claims. In the event that online access is not available or feasible, the attached paper claim form can be used. This form can also be found on our website under the Health Services Tab. Please note that a claim should still be input online following faxed/mailed submission of the paper claim form. This will not result in duplicate claims files being opened. Once claims are submitted, Preferred Care Inc. (the program s claims processor) will contact parents directly for any supplemental information or paperwork. Please be as thorough as possible in completing any claims submission. Parents can access an online video that walks first-time users through the claims submission process. That video can be accessed at: Please note that the links to the Monarch main page, claims submission, and voluntary plan enrollment pages are also available on our insurance agent s website, Brown & Brown Public Risk Advisors Username: MADISON Password: Questions should be made directly to Monarch at Cc: Principals Student Ins. Memo Summer .doc./Forms Memos Letters Etc./Prin/Adm Memos/MYDocuments

2 How to Enroll Enrolling online is easy and should take only a few minutes. Go to: and click the Enroll Now button. Step 1 Start by selecting the name of the school district where your child attends. Cómo Matricularse Para matricularse en línea es fácil y debe tomar sólo unos minutos. Vaya a: y hace clic en el "se Matricula Ahora" botón. Paso 1 Comience por seleccionar el nombre del distrito escolar donde su niño asiste. Step 2 Enter Responsible Party Information. Paso 2 Entre Información Responsable de Partido. Step 3 Enter information on Student. Paso 3 Entre información en el Estudiante. Step 4 Choose the Plan you want for your Student Paso 4 Escoja el Plan que usted desea para su Estudiante Step 5 Enter Credit Card Information. After payment we will tell you that the transaction was successful and show you an overview of your coverage and payment information. Second, you will receive an within 24 hours of your transaction. This will have all of your policy and payment information as well. Questions call Plans underwritten by AXIS Insurance Company Paso 5 Entre Información de Tarjeta de crédito. Después de que pago que diremos usted que la transacción tuvo éxito y le muestra una vista general de su información de alcance y pago. En segundo lugar, puede descargar una copia de su aplicación del sitio web seguro. Esto tendrá un número de aprobación y servirá como su confirmación de alcance. Las preguntas llaman

3 Enroll Online K-12 Accident Plans K-12 Planes de Salud y de Accidente Instructions on other side Instruciones en la pagina siguiente Underwritten by: AXIS Insurance Company

4 Voluntary Student Accident Insurance Plans Student Accident Insurance Offering Student Accident Insurance Plans Especially designed to cover your students: School Sponsored Sports School Sponsored Activities All School Coverage Underwritten by AXIS Insurance Company. LA MMC-VSA_05.14_v1_BACC

5 Voluntary Student Accident Insurance Plans Common Exclusions K12487 In addition to any benefit or coverage specific exclusion, benefits will not be paid for any loss which directly or indirectly, in whole or in part, is caused by or results from any of the following unless coverage is specifically provided for by name in the Description of Benefits section or Covered Conditions section of the Policy: 1. Intentionally self-inflicted injury, suicide, or auto-eroticism or any attempt while sane or insane; 2. Commission or attempt to commit a felony or an assault; 3. Commission of or active participation in a riot or insurrection; 4. Declared or undeclared war or act of war or any act of declared or undeclared war unless specifically provided by this Policy; 5. Release, whether or not accidental, or by any person unlawfully or intentionally, of nuclear energy or radiation, including sickness or disease resulting from such release; 6. A Covered Loss that occurs while on active duty service in the military, naval or air force of any country or international organization. Upon Our receipt of proof of service, the Company will refund any premium paid for this time. Reserve or National Guard active duty training is not excluded unless it extends beyond 31 days; 7. Flight in, boarding or alighting from, an Aircraft or any craft designed to fly above the Earth s surface: a. except as a fare-paying passenger on a regularly scheduled commercial airline; b. being flown by the Insured Person or in which the Insured Person is a member of the crew; c. being used for: i. crop dusting, spraying or seeding, giving and receiving flying instruction, fire fighting, sky writing, sky diving or hang-gliding, pipeline or power line inspection, aerial photography or exploration, racing, endurance tests, stunt or acrobatic flying; or ii. any operation that requires a special permit from the FAA, even if it is granted (this does not apply if the permit is required only because of the territory flown over or landed on); d. designed for flight above or beyond the earth s atmosphere; e. including an ultra-light or glider; f. being used for the purpose of parachuting or skydiving; g. being used by any military authority, except an Aircraft used by the air mobility command or its foreign equivalent; 8. Travel in any Aircraft owned, leased or controlled by the Policyholder, or any of its subsidiaries or affiliates. An Aircraft will be deemed to be controlled by the Policyholder if the Aircraft may be used as the Policyholder wishes for more than 10 straight days, or more than 15 days in any year; 9. Bungee-cord jumping, parachuting, skydiving, parasailing, hanggliding; 10. Sickness, disease, bodily or mental infirmity, bacterial or viral infection or medical or surgical treatment thereof, including exposure, whether or not accidental, to viral, bacterial or chemical agents whether the loss results directly or non directly from the treatment except for any bacterial infection resulting from an accidental external cut or wound or accidental ingestion of contaminated food; 11. Medical or surgical treatment, diagnostic procedure, administration of anesthesia, or medical mishap or negligence, including malpractice unless it occurs during treatment of injuries sustained in a Covered Injury; 12. A cardiovascular, event or stroke resulting, directly and independently of all other causes, from exertion, as verified by a Physician, while the Insured Person participates in a Covered Activity; 13. Voluntary ingestion of any narcotic, drug, poison, gas or fumes, unless prescribed or taken under the direction of a Physician and taken in accordance with the prescribed dosage; 14. The Insured Person s intoxication. The Insured Person is conclusively deemed to be intoxicated if the level in his blood exceeds the amount at which a person is presumed, under the law of the locale in which the accident occurred, to be under the influence of alcohol if operating a motor vehicle, regardless of whether he is in fact operating a motor vehicle, when the injury occurs. An autopsy report from a licensed medical examiner, law enforcement officers report, or similar items will be considered proof of the Insured Person s intoxication; 15. Operating any type of vehicle or conveyance while under the influence of alcohol or any drug, narcotic or other intoxicant including any prescribed drug for which the Insured Person has been provided a written warning against operating a vehicle or conveyance while taking it. Under the influence of alcohol, for purposes of this exclusion, means intoxicated, as defined by the motor vehicle laws of the state in which the Covered Loss occurred; 16. Travel in or on any on-road and off-road motorized vehicle except a golf cart or other vehicle the Company specifically agrees to cover, that does not require licensing as a motor vehicle; 17. Participation in any motorized race or contest of speed; 18. An accident if the Insured Person is the operator of a motor vehicle and does not possess a valid motor vehicle operator's license, unless: (a) the Insured Person holds a valid learners permit and (b) the Insured Person is receiving instruction from a driver's education instructor; 19. Injuries compensable under Workers Compensation law or any similar law; 20. Participation in any sports activity not specifically authorized, sponsored and supervised by the School, whether or not it takes place on School premises or during normal School hours, during a Covered Activity, including but not limited to snowboarding, skateboarding, motorcycle racing, racing rocket-powered, jet propelled or nuclear-powered vehicles; 21. Aggravation, during a Covered Activity, of an injury the Insured Person suffered before participating in that Covered Activity, unless the Company receives a written medical release from the Insured Person's Physician; 22. Participation in any team sport or any other athletic activity, except participation in a Covered Activity. In addition, benefits will not be paid for services or treatment rendered by any person who is: 1. employed or retained by the Policyholder; 2. living in the Insured Person s household; 3. an Immediate Family Member including Eligible Domestic Partner of either the Insured Person or the Insured Person s spouse; or 4. the Insured Person. Excluded Medical Expenses The following will not be considered Covered Expenses unless coverage is specifically provided: Blood, blood plasma, or blood storage, except expenses by a Hospital for processing or administration of blood. Cosmetic surgery, except for reconstructive surgery needed as the result of a Covered Loss. Any elective or routine treatment, surgery, health treatment, or examination, including any service, treatment of supplies that: (a) are deemed investigational; by the and (b) Company to be experimental or are not recognized and generally accepted medical practice in the United States. Examination or prescriptions for, or purchase, repair or replacement of, eyeglasses, contact lenses, hearing aids, wheelchairs, braces, appliances, orthopedic braces, or orthotic devices. Repair or replacement of existing dentures, partial dentures, braces or bridgework. Orthopedic appliances used mainly to protect an Injury so that the Covered Person can take part in interscholastic and club sports. Repair or replacement of existing artificial limbs, eyes and larynx. Charges for any article of clothing intended for use more than once. LA MMC-VSA_05.07_v1_BACC

6 Primary Individual Voluntary Student Accident Plans *Note: Junior High and Middle School Students participating in interscholastic tackle football will be covered for football by paying the above School or 24 Hour premium, provided they do not practice or participate with 10th, 11th, or 12th graders (Senior High School). Interscholastic Sports, other than Senior High Tackle Football are covered under the School and 24 Hour coverages. ** Spring Football is for those participating in Spring Football only that did not purchase Fall Football coverage. School Coverage Voluntary Grades PK-12 (premium paid by parent/guardian) Coverage is in force for each person for whom the School Coverage premium has been paid as set forth in the Policy: (a) while on the School premises: during the hours and on the days School is in regular session, and during the hours and on the days when School is not in session while the Insured Person is participating in or attending any Sponsored and Supervised School Activity, except interscholastic high school football for students in the 10th grade* or above (Senior High School) and Junior High students if they practice or play with Senior High School; and (b) while away from the School premises: other than traveling, if participating in a Sponsored and Supervised School Activity, except interscholastic high school football for students in the 10th grade* or above Senior High School) and Junior High students if they practice of play with Senior High School; and (c) while traveling directly to or from the Insured Person s residence and School: for regular School sessions, or for any Sponsored and Supervised School Activity in School designated vehicle, except interscholastic high school football for students in the 10th grade* or above (Senior High School) and Junior High students if they practice of play with Senior High School. 24 Hour Coverage Voluntary Grades PK-12 (premium paid by parent/guardian) Coverage is in force for each person for whom the 24- Hour Coverage premium has been paid as set forth in the Policy on a twenty-four (24) hour per day basis, except for interscholastic high school football for students in the 10th grade* or above (Senior High School) and Junior High students if they practice of play with Senior High School. Football Coverage Grades and Grades 7-9 if they practice or play with Grades (premium paid by parent/guardian) Coverage is in force for each person for whom the Football Coverage premium has been paid as set forth in the Policy: (a) while practicing for or competing in football which is a Supervised and Sponsored Sports Activity under the supervision of the Policyholder; and (b) while traveling directly to or from such practice or competition in School designated vehicle. Extended Dental Coverage Supplemental Coverage for accidental dental injuries to Sound, Natural Teeth is extended to students with School, 24 Hour or Football Coverage. Dental Coverage cannot be purchased without other coverage. Coverage is limited to the Insured Person s policy effective dates and accident only coverage option selected. Dental benefits from a covered accident are as follows: a) Usual and Customary charges for examinations, x-rays, endodontics and oral surgery to a maximum of $10,000, b) Dental expenses toward cost of bridge, denture or replacement in kind of previous dental repairs with a maximum limit of $250, c) Extended Dental Coverage does not cover orthodontics (braces) for any reason, or damage to or loss of orthodontics. Medical Payments The policy provides benefits for loss due to a Covered Injury up to the Total Maximum for all Accident Medical Benefits of $25,000 for each Covered Accident. Medical treatment must be provided by a qualified, licensed physician and must begin within 90 days from the date of the Covered Accident. Benefits will be payable for Covered Medical Expenses incurred within 52 weeks from the date of the Covered Accident up to the maximum Benefit Amount per service as shown on the Schedule of Benefits of the Policy. Accidental Death & Dismemberment Benefits (within 180 days) Covered Loss Benefit Amount Loss of Life...$ 2,000 Loss of Two or More Hands or Feet...$10,000 Loss of Sight of Both Eyes...$10,000 Loss of One Hand and One Foot and Sight in One Eye...$10,000 Loss of One Hand and Foot...$10,000 Loss of Sight in One Eye...$ 5,000 Loss of One Hand or Foot...$ 5,000 Loss Thumb and Index Finger of Either Hand... $ 500 Exposure and Disappearance...Included LA MMC-VSA_05.07_v1_BACC

7 Schedule of Benefits for Voluntary Student Accident Plans These benefits are paid up to the following maximums, not to exceed $25,000 for each injury. COVERED EXPENSES PREMIER PLAN ECONOMY PLAN In-Patient Hospital Services the semi-private daily room rate the semi-private daily room rate Hospital Miscellaneous Expenses Nurse Services Orthopedic Appliances Outpatient Emergency Room Treatment $250 per day subject to a Maximum of $5,000 per Hospital Stay $400 per Covered Injury $300 per Covered Injury $150 per Covered Injury 75 % Usual and Customary Charges up to $3,750 Maximum $250 per day subject to a Maximum of $4,000 per Hospital Stay $400 per Covered Injury $300 per Covered Injury $75 per Covered Injury 75 % Usual and Customary Charges up to $3,500 Maximum Physician Services Surgery Assistant Surgeon 25% of Surgeon s allowance 25% of Surgeon s allowance Use of Physician s Surgical Facilities $1,250 per Covered Injury $750 per Covered Injury Anesthesia and its Administration 25% of Surgeon s allowance 25% of Surgeon s allowance In-Hospital Visits $40 per visit (limited to one visit per day) $20 per visit (limited to one visit per day) Office Visits $40 per visit (limited to one visit per day) $20 per visit (limited to one visit per day) Out Patient X-Ray $200 per Covered Injury $100 per Covered Injury Out Patient CT Scan, MRI $500 per Covered Injury $250 per Covered Injury Out Patient Laboratory Tests $50 per Covered Injury $25 per Covered Injury Out Patient Physiotherapy $20 per day up to a maximum of $100 (limited to one visit per day) $20 per day up to a maximum of $40(limited to one visit per day) Ambulance Services 100% of Usual and Customary Charges (first trip to the Hospital only) $100 Maximum (first trip to the Hospital only) Medical Equipment (Post surgical only) $150 per Covered Injury $150 per Covered Injury Dental Services $150 per tooth $150 per tooth Motor Vehicle Injury Up to $5,000 per Covered Injury Up to $5,000 per Covered Injury 100% Usual and Customary Charges for examinations, x-rays, endodontics and oral 100% Usual and Customary Charges for examinations, x-rays, endodontics and oral Extended Dental Benefits surgery to a maximum of $10,000 and Dental surgery to a maximum of $10,000 and Dental expenses toward the cost of a bridge, expenses toward the cost of a bridge, denture or replacement in kind of previous dental repairs to a maximum of $250 denture or replacement in kind of previous dental repairs to a maximum of $250 Prescription Drugs (Out Patient) 100% Usual and Customary Charges 100% Usual and Customary Charges Eyeglasses, Contact Lenses Hearing Aids 100% Usual and Customary Charges 100% Usual and Customary Charges This is a brief illustration of coverage underwritten by AXIS Insurance Company. The Policy issued will be the contract and will govern and control the payment of benefits. If there is any conflict between the information in this illustration and the Policy, the Policy will control in all respects. The Policy is a non-renewable one year term policy. This insurance provides limited benefits. Limited benefits plans are insurance products with reduced benefits and are not intended to be an alternative to or integrated with comprehensive coverage. Further, this insurance does not coordinate with any other insurance plan. It does not provide major medical or comprehensive medical coverage and is not designed to replace major medical insurance. Further, this insurance is not minimum essential benefits as set forth under the Patient Protection and Affordable Care Act. LA MMC-VSA_05.07_v1_BACC

8 AXIS INSURANCE COMPANY (AN ILLINOIS COMPANY) Primary Voluntary Student Accident Insurance Plan Rates August 1, 2014 July 31, 2015 Premier No Sports Economy No Sports At School Grades PK-12 $93 $20 $64 $13 24 Hour Grades PK-12 $195 $95 $127 $62 Extended Dental Grades PK-12 $9 $9 Football Grades $288 $187 Spring Football* Grades 9-12 $116 $75 Note: Junior High and Middle School Students participating in interscholastic tackle football will be covered for football by paying the above School or 24 Hour premium, provided they do not practice or participate with 10th, 11th, or 12th graders (Senior High School). Interscholastic Sports, other than Senior High Tackle Football are covered under the School and 24 Hour coverage. * Spring Football is for those participating in Spring Football only that did not purchase Fall Football coverage. Underwritten by AXIS Insurance Company LA MMC-VSA_ _v1_BACC

9 1. School /organization completes & signs Part I. 2. Parent/guardian complete Part II. NA cannot be used. 3. Attach Itemized bills and primary insurance statements. MAIL TO: Preferred Care, Inc PO BOX Eagan, MN Phone option 1 status, 2 benefits Fax Referral Card Student Name: Trainer Name: For treatment of: Injured: Care provided is for the specific injury listed. Underwritten by AXIS Insurance Company PART I POLICYHOLDER S REPORT Policy Number Policyholder Name: Event, Activity or Sport: Claimant s Name (Injured Person) Social Security Number Gender M Address of Injured Person and Best Contact Phone Number (Include Area Code) F Date of Birth Address Date and Time of Accident Place where Accident Occurred The injured person was a: Participant Staff Member Other Dental Claims Indicate which Teeth were Involved in the Accident Describe Condition of Injured Teeth Prior to Accident: Whole, Sound, and Natural Filled Capped Artificial Type of Injury (Indicate Part of Body Injured e.g. broken arm, sprained ankle, etc.) Did Injury Result in Death? YES NO Describe How Accident Occurred Give All Possible Details Did Accident Occur (Check Yes or No for Each of the Following): A. During a policyholder programmed, sponsored & supervised, or sanctioned activity? B. On activity premises? C. While traveling directly and uninterruptedly to or from the athletic event? D. During intercollegiate/scholastic athletic practice? YES NO or competition? Signature of Policyholder Representative Name and Title of Policyholder Representative Date PART II OTHER INSURANCE STATEMENT Do you/spouse/parent have medical/health care or are you enrolled as an individual, employee or dependent member of a Health Maintenance Organization (HMO) or similar prepaid health care plan, or any other type of accident/health/sickness plan coverage through an employer, a parent s employer or other source? YES NO YES YES YES YES NO NO NO NO If Yes, name of insurance company:: Policy #: Mother s (Guardian s) primary employer name, address & telephone: Father s (Guardian s) primary employer name, address & telephone: Are you eligible to receive benefits under any governmental plan or program, including Medicare? YES NO If yes, please explain: IF OTHER INSURANCE OR HEALTH CARE PLANS EXIST, PLEASE SUBMIT COPIES of their EXPLANATION OF BENEFITS along with your claim. PART III AUTHORIZATION TO PAY BENEFITS TO PROVIDER I authorize medical payments to physician or supplier for services described on any attached statements enclosed. please provide proof of payment. If not signed, SIGNATURE DATE I authorize any physician, medical professional, hospital, covered entity as defined under HIPAA, insurer or other organization or person having any records, dates or information concerning the claimant to disclose when requested to do so, all information with respect to any injury, policy coverage, medical history, consultation, prescription or treatment, and copies of all hospital or medical records or all such records in their entirety to Preferred Care, Inc and/or AXIS Insurance Company. A photo static copy of this authorization shall be considered as effective and valid as the original. I agree that should it be determined at a later date there is other insurance (or similar), to reimburse AXIS Insurance Company to the extent of any amount collectible. I understand that any person who knowingly and with the intent to defraud or deceive any insurance company; files a claim containing any material by false, incomplete or misleading information may be subject to prosecution for insurance fraud. SIGNATURE DATE

10 Important Notice In General, and specifically for residents of Arkansas, Louisiana, Rhode Island and West Virginia: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. For Residents of Alabama: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to restitution fines and confinement in prison, or any combination thereof. For residents of Colorado: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. For residents of the District of Columbia: WARNING: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant. For residents of Florida: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree. For residents of Kentucky: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime. For residents of Maine, Tennessee, Virginia and Washington: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. For residents of Oregon: Any person who knowingly and willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance may be guilty of a crime and may be subject to fines and confinement in prison. For residents of Maryland : Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. For residents of New Jersey: Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. For residents of New Mexico: ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES. For residents of New York: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. For residents of Ohio: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. For residents of Oklahoma: WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony. For residents of Pennsylvania: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.

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