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| 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. |
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| | 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. |
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| | Current law requires insurers to develop and implement an | antifraud plan to prevent, detect and investigate all forms of | insurance fraud. |
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| | This bill strengthens the antifraud effort by: |
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| | 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; |
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| | 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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