§ 27-802. Duty to report suspected insurance fraud
West's Annotated Code of MarylandInsuranceEffective: October 1, 2018
Effective: October 1, 2018
MD Code, Insurance, § 27-802
§ 27-802. Duty to report suspected insurance fraud
(a)(1) An authorized insurer, its employees, fund producers, insurance producers, a viatical settlement provider, or a viatical settlement broker who in good faith has cause to believe that insurance fraud has been or is being committed shall report the suspected insurance fraud in writing to the Commissioner, the Fraud Division, or the appropriate federal, State, or local law enforcement authorities.
(4) A governmental self-insurance group formed in accordance with § 9-404 of the Labor and Employment Article or an employer who self-insures or participates in a self-insurance group in accordance with § 9-405 of the Labor and Employment Article shall meet the reporting requirement of this subsection by reporting suspected insurance fraud in writing to the Fraud Division.
(b) In addition to any protection provided under Title 4, Subtitle 4, Part IV of the General Provisions Article, any information, documentation, or other evidence provided under this section by an insurer, its employees, fund producers, or insurance producers, a viatical settlement provider, a viatical settlement broker, an independent insurance producer, a registered premium finance company, a governmental self-insurance group, or an employer who self-insures or participates in a self-insurance group to the Commissioner, the Fraud Division, or a federal, State, or local law enforcement authority in connection with an investigation of suspected insurance fraud is not subject to public inspection for as long as the Commissioner, Fraud Division, or law enforcement authority considers the withholding to be necessary to complete an investigation of the suspected fraud or to protect the person investigated from unwarranted injury.
(c) A person is not subject to civil liability for a cause of action by virtue of reporting suspected insurance fraud, or furnishing or receiving information relating to suspected, anticipated, or completed fraudulent insurance acts, if:
Credits
Added by Acts 1997, c. 35, § 2, eff. Oct. 1, 1997. Amended by Acts 2001, c. 731, §§ 1, 9, eff. July 2, 2001; Acts 2002, c. 19, § 5, eff. April 9, 2002; Acts 2004, c. 275, § 1, eff. Oct. 1, 2004; Acts 2005, c. 369, § 1, eff. Oct. 1, 2005; Acts 2012, c. 590, § 1, eff. Oct. 1, 2012; Acts 2012, c. 591, § 1, eff. Oct. 1, 2012; Acts 2014, c. 104, § 2, eff. Oct. 1, 2014; Acts 2017, c. 631, § 1, eff. Oct. 1, 2017; Acts 2018, c. 533, § 1, eff. Oct. 1, 2018.
Formerly Art. 48A, § 233B.
MD Code, Insurance, § 27-802, MD INSURANCE § 27-802
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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