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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 /> <br />