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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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