Section 5-37-505 - Insurance fraud by use of a procurer

(a) As used in this section and § 5-37-506: (1)(A) 'Procurer' means a person or entity that for pecuniary benefit procures or attempts to procure a client, patient, or customer by directly contacting the client, patient, or customer in person, by telephone, or by electronic means at the direction of, request of, employment of, or in cooperation with a provider.(B) 'Procurer' does not include a provider or a person that procures or attempts to procure a client, patient, or customer for a provider through public media or a person that refers a client, patient, or customer to a provider as otherwise authorized by law;(2) 'Provider' means: (A) An attorney;(B) A healthcare provider; or(C) An employee of a provider; and(3) 'Public media' means telephone directories, professional directories, newspapers and other periodicals, radio and television, billboards, and mailed or electronically transmitted written or visual communications that do not involve in-person or direct contact with a specific prospective client, patient, or customer.(b) A person commits the offense of insurance fraud by use of a procurer if: (1) He or she is a procurer or provider; and(2) For the purpose of defrauding

fic prospective client, patient, or customer.(b) A person commits the offense of insurance fraud by use of a procurer if: (1) He or she is a procurer or provider; and(2) For the purpose of defrauding an insured person or an insurance carrier, he or she knowingly: (A) Falsely represents the services to be provided to an actual or prospective client, patient, or customer;(B) Makes a misrepresentation, including without limitation affiliation with an insurance company, a law enforcement agency, or a governing board of a healthcare provider while procuring or attempting to procure a client, patient, or customer; or(C) Uses, solicits, directs, hires, or employs another person to act as a procurer to falsely represent the services to be provided to an actual or prospective client, patient, or customer.(c) Insurance fraud by use of a procurer or provider is a Class D felony.Added by Act 2013, No. 513,§ 1, eff. 8/16/2013.