LD 1939
pg. 4
Page 3 of 5 An Act To Decrease Insurance Fraud in This State Page 5 of 5
Download Bill Text
LR 2673
Item 1

 
3.__Annual rate determination.__Annually, by June 1st, after
taking into consideration any unexpended funds collected pursuant
to this section, the Superintendent of Insurance shall adjust the
rate of the assessment imposed pursuant to this section to produce
the amount of revenue necessary to pay the expenses of the
Department of Professional and Financial Regulation, Bureau of
Insurance, Insurance Fraud Investigative Unit, as established in
Title 24-A, section 2188, for the immediately following fiscal
year.__If the superintendent determines that the maximum rate
specified in subsection 2 will be insufficient to meet the expenses
of the Insurance Fraud Investigative Unit, the superintendent may
introduce legislation to the next regular session of the
Legislature increasing the rate to an appropriate amount.

 
4.__Fund.__The Treasurer of State shall deposit all
assessments collected pursuant to this section into a separate
nonlapsing fund that must be used solely to defray the expenses
incurred by the Department of Professional and Financial
Regulation, Bureau of Insurance, Insurance Fraud Investigative
Unit, as established in Title 24-A, section 2188.__All interest
earned on the fund must be paid to the fund.

 
SUMMARY

 
Current law requires insurers to develop and implement an
antifraud plan to prevent, detect and investigate all forms of
insurance fraud.

 
This bill strengthens the antifraud effort by:

 
1. Establishing within the Department of Professional and
Financial Regulation, Bureau of Insurance a new Insurance Fraud
Investigative Unit, which must include 3 full-time staff members.
The purpose of the fraud unit is to assist the Superintendent of
Insurance, or any law enforcement agency, in investigating
insurance fraud or other insurance-related criminal activity and
in developing and implementing programs to prevent insurance
fraud and abuse;

 
2. Requiring insurers to create special investigative units
within their companies, using fraud investigators, who may be
employees of the insurers or independent contractors. An
insurance company that believes that an insurance fraud has been
committed is required to report its findings along with any other
information relative to the claim to the Insurance Fraud
Investigative Unit; and


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