1996 026 Ordinance - Laserfiche WebLink

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(3) "Insurer" means any person that is authorized to engage in the business of insurance in this State under Title XXXIX of the Ohio Revised Code; The Ohio Fair Plan Underwriting Association created under Ohio R.C. 3929.43; any prepaid dental plan, medical care corporation, health care corporarion, dental care corporation or health maintenance organization; and any legal entity that is self-insured and provides benefits to its employees or members. (4) "Policy" means a policy, certificate, contract or plan that is issued by an insurer. (5) "Statement" includes, but is not limited to, any notice, letter or memorandum; proof of loss; bill of lading; receipt for payment; invoice, account or other financial statement; esrimate of property damage; bill for services; diagnosis or prognosis; prescription; hospital, medical or dental chart or other record; X-Ray, photograph, videotape or movie film; test result; other evidence of loss, injury or expense; computer-generated document; and data in any form. (b) No person, with purpose to defraud or knowing that the person is facilitating a fraud, shall do either of the fellowing: (1) Present to, or cause to be presented to, an insurer any written or oral statement that is part of, or in support of, an application for insurance, a claim for payment pursuant to a policy or a claim for any other benefit pursuant to a policy, knowing that the statement, or any part of the statement, is false or deceptive; (2) Assist, aid, abet, solicit, procure or conspire with another to prepare or make any written or oral statement that is intended to be presented to an insurer as part of, or in support of, an application for insurance, a claim for payment pursuant to a policy, or a claim for any other benefit pursuant to a policy, knowing that the statement, or any part of the statement, is false or deceptive. (c) Whoever violates this secrion is guilty of insurance fraud a misdemeanor of the first degree if the amount of the claim that is false or deceptive is less than five hundred dollars ($500.00). (d) This section shall not be construed to abrogate, waive or modify Ohio R.C. 2317.02(A). (ORC 2913.47) Section 24. Section 545.08 of the General Offenses Code is hereby amended to read as follows: 545.08 UNAUTHORIZED USE OF PROPERTY. (a) No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent. (b) The affirmative defenses contained in Section 545.06(c) are affirmative defenses to a charge under this section. (c) Whoever violates this secrion is guilty of unauthorized use of property. Except as provided in subsection (d) hereof, unauthorized use of property is a misdemeanor of the fourth degree..