2007 Legislation
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HOUSE BILL NO. 98 – Insurance fraud, provisions revised

HOUSE BILL NO. 98

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN 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,  any  notice  statement,
 10    any statement of the following regardless of how it is made and in what format
 11    it is contained:
 12        (a)  Information submitted on an applications for 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, bills for services,  diag-
 17        nosis,  prescription,  hospital  or  doctor  medical records, X-rays, test
 18        results or other evidence of loss, injury or expense;, whether oral, writ-
 19        ten or computer generated and
 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  agent  pro-
 37        ducer, practitioner or other person, any written or oral statement includ-
 38        ing computer-generated documents as 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 any written
 44        or oral statement that is intended to be presented to  any  insurer,  pur-
 45        ported insurer, broker or agent producer, 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)  Any insurance agent or other person who, with intent  to  defraud  or
 50        deceive,  an  insurer  presents  or  causes  to  be  presented to or by an
 51        insurer, a purported insurer or agent producer, practitioner or other per-
 52        son, a materially false or  altered  application  of  insurance  statement
 53        material to an insurance transaction;
                                                                        
                                       3
                                                                        
  1        (d)  Any  insurance  agent  producer  or  other person who, with intent to
  2        defraud or deceive, willfully takes premium money knowing  that  insurance
  3        coverage will not be affected effected;
  4        (e)  Any  medical  practitioner  or  other  person who willfully submits a
  5        false or altered bill statement, 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        intent  of  deceiving to 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        intent of deceiving to 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 / Fiscal Impact


                     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