LD 1939
pg. 2
Page 1 of 5 An Act To Decrease Insurance Fraud in This State Page 3 of 5
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LR 2673
Item 1

 
insurance, shall establish a special investigative unit.__The
duties of the special investigative unit are to detect, help
prosecute and prevent fraudulent insurance acts committed against
that insurer.__The special investigative unit shall report the
results of its investigation to the fraud unit.__The special
investigative unit must include fraud investigators, who may be
employees of the insurer or independent contractors.

 
Sec. 5. 24-A MRSA §2188 is enacted to read:

 
§2188.__Insurance Fraud Investigative Unit

 
1.__Fraud unit established; powers and duties.__There is
established in the bureau the Insurance Fraud Investigative Unit,
referred to in this section as "the fraud unit."__The fraud unit
shall assist the superintendent, or any law enforcement agency,
in investigating fraudulent insurance acts, as defined in section
2186, subsection 1, paragraph A or other insurance-related
criminal activity and in developing and implementing programs to
prevent fraudulent insurance acts and abuse. The fraud unit may
subpoena witnesses and administer oaths in an investigation it
conducts and compel the production of any books, papers or other
memoranda or documents by subpoena duces tecum. The fraud unit
shall promptly notify the Attorney General of any insurance
application, claim or activity that involves criminal conduct.
When required by the superintendent and the Attorney General, the
fraud unit shall cooperate with the Attorney General in the
investigation and prosecution of criminal violations.

 
2.__Staff; assistance from Attorney General. The
superintendent shall appoint to the fraud unit 3 full-time,
classified persons who are qualified by training and experience
to perform the duties of their positions.__When requested by the
superintendent, the Attorney General may assign an assistant
attorney general to assist the fraud unit in the performance of
the fraud unit's duties.

 
3.__Inspection of material outside State.__ If material the
fraud unit seeks to obtain by request is located outside the
State, with the permission of the holder of the material, the
fraud unit or its representative may examine the material at the
place where it is located. The fraud unit may designate
representatives, including officials of the state in which the
material is located, to inspect the material on behalf of the
fraud unit and it may respond to similar requests from officials
of other states.

 
4.__Review of fraudulent claims reports by insurers.__ The
fraud unit shall review reports received from insurers pursuant
to section 2186, subsection 5, paragraph D and select those


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