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PLACED ON 1ST READING & REFERRED TO THE
<br />RULES & ORDINANCES CMTE 2/19/02.
<br />
<br /> PLACI~D ON 2I~u R~ADJ]NG 3/4/02.
<br />
<br />ORDINANCE NO. 46-02 BY: Corrigan, Dunn, FitzGerald,
<br /> George, Roth, Seelte, Skindell.
<br />
<br /> AN ORDINANCE to enact new section 545.07, Insurance Fraud, of the Codified
<br />Ordinances of the City of Lakewood for the purpose remaining consistent with the Ohio
<br />Revised Code.
<br />
<br /> WHEREAS, this ordinance is necessary for the public health, welfare and safety.
<br />Now therefore,
<br />
<br />BE rr ORDAINED BYTHE C1TY OF LAKEWOOD, STATE OF OHIO
<br />
<br /> Section 1. That new section 545.07, Insurance Fraud, of the Codified
<br />Ordinances of the City of Lakewood is hereby enacted to read as follows:
<br />
<br />545.07 INSURANCE FRAUD.
<br />
<br />(a)
<br />
<br />As used in this section:
<br />(1) "Data" has the same meaning as in Section 545.01 and additionally
<br /> includes any other representation of information, knowledge, facts,
<br /> concepts or instructions that are being or have been prepared in a
<br /> formalized manner.
<br />(2) "DecepUve" means that a statement, in whole or in part, would cause
<br /> another to be deceived because it contains a misleading representation,
<br /> withholds information, prevents the acquisition of information or by any
<br /> other conduct, act or omission creates, confirms or perpetuates a false
<br /> impression, including, but not limited to, a false impression as to law,
<br /> value, state of mind or other objective or subjective fact.
<br />(3) "Insurer" means any person that is authorized to engage in the business
<br /> of insurance in this State under Chapter 39 of the Ohio Revised Code; The
<br /> Ohio Fair Plan Underwriting Association created under Ohio R.C. 3929.43;
<br /> any health insuring corporaUon; and any legal entity that is self-insured
<br /> and provides benefits to its employees or members.
<br />(4) "Policy" means a policy, certificate, contract or plan that is issued by an
<br /> insurer.
<br />(5) "Statement" includes, but is not limited to, any notice, letter or
<br /> memorandum; proof of loss; bill of lading; receipt for payment; invoice,
<br /> account or,other financial statement; estimate of property, damage; bill for
<br /> -services; diagnosis or prognosis; prescription; hospital, medical or dental
<br /> chart or other record; X-Ray, photograph, videotape or movie film;, test
<br /> result; other evidence of loss, injury or expense; computer-generated
<br /> document; and data i.n any form.
<br />
<br />(b)
<br />
<br />No person, with purpose to defraud or knoWing that the person is facilitating a
<br />fraud, shall do either of.the following:
<br /> (1) Present to, or cause to be presented to, an insurer any written or
<br /> oral statement that is part of, or in support of, an application for
<br /> insurance, a claim for payment pursuant to a policy or a claim for
<br /> any other benefit pursuant to a policy, knowing that the statement,
<br /> or any part of the statement, is false or deceptive;
<br /> (2) Assist, aid, abet, solicit, procure or conspire with another to
<br /> prepare or make any written or oral statement that is intended to
<br /> be presented to an insurer as part of, or in support of, an
<br />
<br />
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