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 |
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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 |
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| x- tiered fee schedule, maximum $3000 annual fee |
Connecticut Conn. Gen. Stat. §§53-440 through 53-445 | x- health ins.
| x | x | x |
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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 |
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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 |
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Iowa Iowa Code Ann. §§507E.1 through 507E.8 | x | x |
| x |
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Kansas K.S.A. §§40-2,118a and 40-2,119 | x ≥ $1,000 | x- | x | x |
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Kentucky includes w/c KRS §§304.47-010 through 304.47-080 | x > $500 | x |
| x |
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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 |
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| 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 |
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Minnesota Minn. Stat. §§60A.951 through 60A.956 | x | x |
| x |
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Mississippi Miss. Code Ann. §§7-5-301 through 7-5-309 | x |
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| 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 |
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| 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 |
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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 |
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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 |
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North Carolina N.C. Gen. Stat. §§58-2-155 through 58-2-163; 58-2-180 through 58-2-230 | x | x |
| x |
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North Dakota N.D. Cent. Code, §§26.1-02.1-01 through 26.1-02-1-11 | x > $1,000 | x |
| x |
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| 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 |
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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 |
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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 |
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| x- handles auto theft and auto fraud |
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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 |
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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 |
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| 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 |
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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 |
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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 |
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West Virginia W. Va. Code §§33-41-3 through 33-41-12 | x > $1,000 | x |
| x |
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Wisconsin Wis. Stat. §§895.486 and 943.395 | x > $2,500 |
| x |
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Wyoming Wyo. Stat. §§26-13-101 through 26-13-125 | x > $1,000 | x |
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