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H0098...........................................................by BUSINESS INSURANCE - FRAUD - Amends existing law relating to the Idaho Arson and Fraud Reporting-Immunity Act to revise definitions; and to revise provisions applicable to insurance fraud. 02/02 House intro - 1st rdg - to printing 02/05 Rpt prt - to Bus 02/28 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/02 3rd rdg - PASSED - 64-0-6 AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Henbest, Jaquet, Killen, King, Kren, Lake, LeFavour, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker NAYS -- None Absent and excused -- Edmunson, Harwood, Henderson, Labrador, Loertscher, Nonini Floor Sponsor - Mathews Title apvd - to Senate 03/05 Senate intro - 1st rdg - to Com/HuRes 03/16 Rpt out - rec d/p - to 2nd rdg 03/19 2nd rdg - to 3rd rdg 03/20 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- None Absent and excused -- Gannon Floor Sponsor - Werk Title apvd - to House 03/21 To enrol - Rpt enrol - Sp signed 03/22 Pres signed - To Governor 03/28 Governor signed Session Law Chapter 239 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 98 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO ARSON AND FRAUD REPORTING-IMMUNITY ACT; AMENDING SECTION 3 41-291, IDAHO CODE, TO REVISE A DEFINITION AND TO DEFINE "RUNNER"; AND 4 AMENDING SECTION 41-293, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO 5 INSURANCE FRAUD. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 41-291, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 41-291. DEFINITIONS. As used in sections 41-290 through and including 10 41-298, Idaho Code: 11 (1) Sections 41-290 through 41-298, Idaho Code, shall be known as the 12 "Idaho Arson and Fraud Reporting-Immunity Act." 13 (2) "Authorized agencies" shall mean: 14 (a) Any law enforcement agency of this state; 15 (b) Any prosecuting attorney who may be responsible for prosecution in 16 the jurisdiction where the fire or fraud occurred; 17 (c) The attorney responsible for the prosecution in the jurisdiction 18 where the fire or fraud occurred as designated by the attorney general; 19 (d) The department of insurance, which includes the state fire marshal. 20 (3) Solely for the purpose of section 41-292(1), Idaho Code, "authorized 21 agencies" shall also include: 22 (a) The United States attorney's office when authorized or charged with 23 investigation or prosecution of the fire or fraud in question; 24 (b) The federal bureau of investigation or any other federal agency, 25 charged with investigation or prosecution of the fire or fraud in ques- 26 tion. 27 (4) "Relevant" means information having any tendency to make the exis- 28 tence of any fact that is of consequence to the investigation or determination 29 of the issue more probable or less probable than it would be without the evi- 30 dence. 31 (5) Material will be "deemed important," if within the sole discretion of 32 the "authorized agency," such material is requested by the "authorized 33 agency." 34 (6) "Action," as used in this chapter, shall include nonaction or the 35 failure to take action. 36 (7) "Immunity" means that no civil action may arise against any person 37 for furnishing information pursuant to section 41-248, 41-258, 41-290, 41-292, 38 41-296 or 41-297, Idaho Code, where actual malice on the part of the insurance 39 company, department of insurance, state fire marshal, authorized agency, their 40 employees or agents, is not present. 41 (8) "Financial loss" includes, but is not limited to, loss of earnings, 42 out-of-pocket and other expenses, repair and replacement costs and claims pay- 43 ments. 2 1 (9) "Person" means a natural person, company, corporation, unincorporated 2 association, partnership, professional corporation and any other legal entity. 3 (10) "Practitioner" means a licensee of this state authorized to practice 4 medicine and surgery, psychology, chiropractic, law or any other licensee of 5 the state whose services are compensated, directly or indirectly, by insurance 6 proceeds, or a licensee similarly licensed in other states and nations or the 7 practitioner of any nonmedical treatment rendered in accordance with a recog- 8 nized religious method of healing. 9 (11) "Statement" includes, but is not limited to, anynotice statement,10any statementof the following regardless of how it is made and in what format 11 it is contained: 12 (a) Information submitted on an applicationsfor insurance,; 13 (b) Description of policy terms, conditions, benefits or illustrations; 14 (c) Proof of insurance, certificate of insurance, or insurance card; 15 (d) Pproof of claim, proof of loss, bill of lading, receipt for payment, 16 invoice, account, estimate of property damages, billsfor services, diag- 17 nosis, prescription, hospital ordoctormedical records, X-rays, test 18 results or other evidence of loss, injury or expense;, whether oral, writ-19ten or computer generatedand 20 (e) Any other notice, correspondence, representation or information 21 relating to an insurance coverage or claim. 22 (12) "Insurer" shall mean any insurance company contemplated by title 41, 23 Idaho Code, any business operating as a self-insured for any purpose, the 24 state insurance fund, and any self-insured as contemplated by title 72, Idaho 25 Code. 26 (13) "Runner" means a person who procures, or persons working in conjunc- 27 tion with each other who procure, clients at the direction of, or in coopera- 28 tion with, a person who, with the intent to deceive or defraud, performs or 29 obtains a service or benefit under a contract of insurance or asserts a claim 30 against an insured. 31 SECTION 2. That Section 41-293, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 41-293. INSURANCE FRAUD. Insurance fraud includes: 34 (1) (a) Any person who, with the intent to defraud or deceive an insurer 35 for the purpose of obtaining any money or benefit, presents or causes to 36 be presented to any insurer,a purported insurer, broker or agentpro- 37 ducer, practitioner or other person, anywritten or oralstatementinclud-38ing computer-generated documentsas part of, or in support of, a claim for 39 payment or other benefit, knowing that such statement contains false, 40 incomplete, or misleading information concerning any fact or thing mate- 41 rial to such claim; or 42 (b) Any person who, with intent to defraud or deceive an insurer assists, 43 abets, solicits, or conspires with another to prepare or make anywritten44or oralstatement that is intended to be presented to any insurer,pur-45ported insurer, broker or agentproducer, practitioner or other person, in 46 connection with, or in support of, any claim for payment or other benefit, 47 knowing that such statement contains false, incomplete, or misleading 48 information concerning any fact or thing material to such claim; 49 (c) Anyinsurance agent or otherperson who, with intent to defraud or 50 deceive,an insurerpresents or causes to be presented to or by an 51 insurer, apurported insurer or agentproducer, practitioner or other per- 52 son, amateriallyfalse or alteredapplication of insurancestatement 53 material to an insurance transaction; 3 1 (d) Any insuranceagentproducer or other person who, with intent to 2 defraud or deceive, willfully takes premium money knowing that insurance 3 coverage will not beaffectedeffected; 4 (e) Anymedicalpractitioner or other person who willfully submits a 5 false or alteredbillstatement, with the intent of deceiving an insurer 6 or other person in connection with an insurance transaction or claim; 7 (f) Anyone willfully making a false statement or material misrepresenta- 8 tion to an insurer, employer, practitioner or other person, with the 9 intentof deceivingto defraud or deceive an insurer or other person, to 10 obtain or extend worker's compensation benefits; 11 (g) Anyone who offers or accepts a direct or indirect inducement to file 12 or solicits another person to file a false statement,of claim,with 13 intentof deceivingto defraud or deceive an insurer; 14 (h) Any person who, with intent to defraud or deceive, transacts insur- 15 ance of any kind or character, or transmits for a person other than him- 16 self an application for a policy of insurance, without proper licensing or 17 after such license has been suspended or revoked; 18 (i) Any practitioner or any other person who, with intent to defraud or 19 deceive, employs, uses or acts as a runner for the purpose of submitting a 20 claim containing false, incomplete, or misleading information concerning 21 any fact or thing material to such claim; 22 (j) Any employer or other person who, with intent to defraud or deceive, 23 presents or causes to be presented to an insurer, producer or any other 24 person or governmental agency any statement containing the number of 25 employees, amount of payroll, job description or job title or any other 26 statement material to worker's compensation insurance which contains 27 false, misleading or incomplete information; or 28 (k) Any person who, with intent to defraud or deceive, obstructs the 29 director in the conduct of any authorized examination. 30 (2) A fact, statement or representation is "material" if it includes any 31 of the following: 32 (a) Any fact which, if communicated to the producer, insurer, adjuster or 33 representative thereof, would induce him to either decline insurance alto- 34 gether or not accept it unless a higher premium is paid by the insured; 35 (b) Any fact relating to a claim for insurance benefits which, if dis- 36 closed, would be a fair reason for rejecting a claim for insurance bene- 37 fits; 38 (c) Any fact, the knowledge or ignorance of which would naturally influ- 39 ence the insurer in making or refusing the contract, in estimating the 40 degree or character of the risk, or in fixing the rate of premium; 41 (d) Any fact, the knowledge or ignorance of which would naturally influ- 42 ence the insurer in accepting or rejecting a claim for insurance benefits 43 or compensation, or in determining the amount of compensation or insurance 44 benefits to be paid to the insured; or 45 (e) Any fact that necessarily has some bearing on the subject matter of 46 the insurance coverage or claim for benefits under an insurance contract. 47 (23) Any offense committed by use of a telephone, any means of electronic 48 communication or mail as provided by this chapter may be deemed to have been 49 committed at the place from which the telephone call or electronic communica- 50 tion was made, or mail was sent, or the offense may be deemed to have been 51 committed at the place at which the telephone call, electronic communication 52 or mail was received. 53 (34) Any violator of this section is guilty of a felony and shall be sub- 54 ject to a term of imprisonment not to exceed fifteen (15) years, or a fine not 55 to exceed fifteen thousand dollars ($15,000), or both and shall be ordered to 4 1 make restitution to the insurer or any other person for any financial loss 2 sustained as a result of a violation of this section. Each instance of viola- 3 tion may be considered a separate offense.
STATEMENT OF PURPOSE RS 16482 This proposal amends existing law to clarify the definition of “statement” and to add a definition of “runner” in the Idaho Arson and Fraud Reporting-Immunity Act. It also makes technical corrections, clarifies and expands the scope of what constitutes insurance fraud. The purpose of the changes is to make the law more clearly applicable to the wide range of methods used to defraud and deceive insurers and other parties to insurance transactions. FISCAL NOTE No fiscal impact. CONTACT Name: Shad Priest Agency: Insurance, Dept. of Phone: 334-4214 STATEMENT OF PURPOSE/FISCAL NOTE H 98