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June 15, 2015

 Insurance fraud costs the industry billions each year. States are working with carriers to try to combat fraud, and have developed statutes making fraud a felony in certain jurisdictions. This chart shows which states have fraud departments, which assess carriers to support state fraud actions, use standardized forms and classify insurance fraud as a felony.

 

 

Classiï¬cation of Ins fraud

as a felony

Uses NAIC

Uniform fraud

reporting form

Has own fraud

referral form

State has fraud department/ bureau/unit

Assess carriers to

fund/support

fraud

division

Alabama

Code of Ala. §§ 27-12A-1 through 27-12A-42

x

x

 

x

$200 annually

Alaska

Alaska Stat. §§21.36.360 through 21.36.410

x ≥ $500

x

 

 

 

Arizona

A.R.S. §§20-466 through 20-466.04

x

 

x

x

x

Arkansas

A.C.A. §§23-66-501 through 23-66-513, 23-100-101

x

x

 

x

x- fee based on written premium amount-$400 min., $1000 max

 

Classiï¬cation of

Ins fraud as a felony

Uses NAIC

Uniform fraud

reporting form

Has own fraud

referral form

State has fraud department/ bureau/unit

Assess carriers to

fund/support

fraud

division

California

Cal Ins Code §§1170(h); 1872.8, 1872.86, 1879.1 through 1879.8

 

x

 

x

x

x- annual assessment to be determined by the commissioner, not to exceed $5,100

Colorado

CRS 10-1-128,10-1-129, 10-4-1001 through 10-4-1009, 24-31-104.5; 18-5-211; 3 Colo. Code Regs. § 702-6:6-5-1

x

x

 

 

x- tiered fee schedule, maximum $3000 annual fee

Connecticut

Conn. Gen. Stat.

§§53-440 through 53-445

x- health ins.

 

x

x

x

 

Delaware

18 Del. C. §§2401 through 2415

x

x

 

x

$750 annually

District of Columbia

D.C. Code §§22-3225.01 through 22-3225.13

x ≥ $1,000

x

x

x

 

Florida

Fla. Stat. §§626.989, 626.9891, 633.126, 817.234

x

x

 

x

Georgia

O.C.G.A. §§33-1-9, 33-1-16, 33-1-17

x

x

 

x

x-

formula based on the kind of company, insurance,

income, volume, and other factors the Commissioner determines important

Hawaii

HRS §§431:2-401 through 431:2-410

x > $300

 

x

x

 

 

Classiï¬cation of

Ins fraud as a felony

Uses NAIC

Uniform fraud

reporting form

Has own fraud

referral form

State has fraud department/ bureau/unit

Assess carriers to

fund/support

fraud

division

Idaho

Idaho Code §§41-268, 41-290 through 41-298

x

x

x

x

x- portion of the annual continuation fee

Illinois

215 ILCS 5/155.23; 740 ILCS 92/1 through 92/45; 820 ILCS 305/25.5

x ≥ $300 felony w/c

 

x- email

w/c

percentage of funds not awarded to private party

Indiana

Ind. Code Ann. §§27-1-3-22; 27-2-19-7; 35-43-5-4.5

x

x

 

 

 

Iowa

Iowa Code Ann. §§507E.1 through 507E.8

x

x

 

x

 

Kansas

K.S.A. §§40-2,118a and 40-2,119

x ≥ $1,000

x-

x

x

 

Kentucky

includes w/c

KRS §§304.47-010 through 304.47-080

x > $500

x

 

x

 

Louisiana

La. R.S. 22:1921 through 22:1929; 40:1425

x

x

 

x

x- based on premium

Maine

24-A M.R.S. §§2186 and 2187

 

x

x

 

 

 

Classiï¬cation of

Ins fraud as a felony

Uses NAIC

Uniform fraud

reporting form

Has own fraud

referral form

State has fraud department/ bureau/unit

Assess carriers to

fund/support

fraud

division

Maryland

Md. Code Ann., Ins. §§2-401 through 2-408; 6-201 through 6-204; 27-401 through 27-408

x > $300

 

x

x

Insurer, health maintenance organization, nonprofit health service plan, fraternal benefit society, or any entity operating other than premium finance company, a fraternal benefit society that collected less than $75,000 premium in preceding year, or a motor club-$1000 by June 30; Producers, public adjusters, insurance adviser, third party administrator-$15 by 6/30; any person with more than one certificate of qualifications, licenses or registrations as producer, public adjuster, insurance adviser or third party administrator- $15 once per renewal period

Massachusetts

ALM GL ch. 175, §113V; ch. 175H, §§1 through 8; ch. 26, §8B

x

x

x

x

x- auto and workers comp

Michigan

MCLS §§500.4501 through 500.4511

x

 

 

 

 

Minnesota

Minn. Stat. §§60A.951 through 60A.956

x

x

 

x

 

Mississippi

Miss. Code Ann. §§7-5-301 through 7-5-309

x

 

 

x

w/c fraud – max 150,000. rest not assessed, from state gen fund

Missouri

Mo. Ann. Stat. §§375.991 through 375.994

x

 

x

x

 

 

Classiï¬cation of

Ins fraud as a felony

Uses NAIC

Uniform fraud

reporting form

Has own fraud

referral form

State has fraud department/ bureau/unit

Assess carriers to

fund/support

fraud

division

Montana

Mont. Code Ann. §§33-1-1201 through 33-1-1211, 11-1-1301 through 11-1-1303

equals theft under 45-6-301

 

x

x

 

Nebraska R.R.S. Neb. §§28-631, 44-393, 44-6601 through 44-6608

x >$500 , 2nd offense any amount

x

x

x

$200 max, w/c & self emp. $1000 max

Nevada

Nev. Rev. Stat. Ann. §§679B.700; 686A.281 through 686A.295

x

 

x

x

based on written prem, goes from $500 to $2000

New Hampshire

RSA §§400-A:36-b; 402:82; 417:23 through 417:30; 638:20

x > $1000

 

x

x

 

New Jersey

N.J. Stat. §§2C:21-4.6; 17:33A-1 through 17:33A-20

x

 

x

x

max 5% of total cost, based on market share

New Mexico

N.M. Stat. Ann. §§30-16-6; 59A-16C-1 through 59A-16C-16

x > $500

 

x

x

at least $200, no more than 1/10 of direct written premiums

New York

NY Exec Law §§846-i through 846-m; NY Ins Law §§401 through 409; NY Penal Law §§176.00 through 176.30

x > $1,000

 

x

x

 

North Carolina

N.C. Gen. Stat. §§58-2-155 through 58-2-163; 58-2-180 through 58-2-230

x

x

 

x

 

North Dakota

N.D. Cent. Code, §§26.1-02.1-01 through 26.1-02-1-11

x > $1,000

x

 

x

 

 

Classiï¬cation of

Ins fraud as a felony

Uses NAIC

Uniform fraud

reporting form

Has own fraud

referral form

State has fraud department/ bureau/unit

Assess carriers to

fund/support

fraud

division

Ohio

Viatical settlements separately listed

ORC Ann. 2913.47; 3901.44; 3916.18; 3999.21, 3999.31, 3999.41, 3999.42

x > $1,000

 

x

x

 

Oklahoma

36 Okl. St. §§361 through 363, 1213, 1219.1, 1219.2, 1220, 1662

x

x

x

x

$750 annually

Oregon

ORS §§656.360, 657.400, 746.665, 746.685

 

 

 

 

 

 

Pennsylvania

18 Pa.C.S. §4117, 40 Pa.C.S. §§325.1 through 325.62

x

 

x

x

x

Rhode Island

R.I. Gen. Laws §§11-18-1.1; 11-41-29; 27-49-1 through 27-49-6; 27-54-1 through 27-54-4; 27-54.1-3; 27-63-1; 31-50-1

x- auto

 

 

x- handles auto theft and auto fraud

 

South Carolina

S.C. Code Ann. §§38-55-510 through 38-55-590; 38-77-1110 through 38-77-1160

x $10,000 first offense. 2nd is felony any amount

 

x

x

 

South Dakota

S.D. Codified Laws §§58-4A-2 and 58-4A-14

x ≥ $1,000

 

x

x

each insurer pay a fee of $250 to the Division of Insurance, only when the fund falls below $100,000

Tennessee

Tenn. Code Ann. §§56-47-101 through 56-47-112, 56-53-101 through 56-53-112

x- same as theft

 

x

x

 

 

Classiï¬cation of

Ins fraud as a felony

Uses NAIC

Uniform fraud

reporting form

Has own fraud

referral form

State has fraud department/ bureau/unit

Assess carriers to

fund/support

fraud

division

Texas

Tex. Ins. Code §§701.001 through 701.003; 701.051 and 701.052; 704.051; Tex. Penal Code §35.02

x ≥ $1,500

 

x

x

 

Utah

Utah Code Ann. §§31A-23a-117; 31A-31-101 through 31A-31-111; 31A-36-117; 76-6-521

x > $1,500

x

 

x

x-

varies based on premiums collected.

Vermont

8 V.S.A. §§3671 and 3672, 4750; 13 V.S.A. §§1 and 2031

x > $900; 2nd offense regardless of value

x

x

 

 

Virginia

Va. Code Ann. §§18.2-178, 38.2-229, 38.2-415, 38.2-6011, 52-36 through 52-44

x

 

x

x

x

Washington

Rev. Code Wash. (ARCW) §§48.30A.005 through 48.30A.070; 48.50.010 through 48.50.090

x

 

x

x

 

West Virginia

W. Va. Code §§33-41-3 through 33-41-12

x > $1,000

x

 

x

 

Wisconsin

Wis. Stat. §§895.486 and 943.395

x > $2,500

 

x

 

 

Wyoming

Wyo. Stat. §§26-13-101 through 26-13-125

x > $1,000

x

 

 

 

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