[§431:2-402]  Insurance fraud investigations
branch.  (a)  There is established in the insurance division the insurance
fraud investigations branch for the purposes set forth in this part.



(b)  The branch shall:



(1)  Conduct a statewide program for the prevention of
insurance fraud under title 24, including chapters 431, 432, and 432D; provided
that the branch shall not have jurisdiction over workers' compensation under
chapter 386;



(2)  Notwithstanding any other law to the contrary,
investigate and prosecute in administrative hearings and courts of competent
jurisdiction all persons involved in insurance fraud violations; and



(3)  Promote public and industry-wide education about
insurance fraud.



(c)  The branch may review and take appropriate
action on complaints relating to insurance fraud.



(d)  The commissioner shall employ or retain,
by contract or otherwise, attorneys, investigators, investigator assistants,
auditors, accountants, physicians, health care professionals, paralegals,
consultants, experts, and other professional, technical, and support staff as
necessary to promote the effective and efficient conduct of the branch's
activities.  The commissioner may hire these employees without regard to
chapters 76 or 89.



(e)  Notwithstanding any other law to the
contrary, an attorney employed or retained by the branch may represent the
State in any criminal, civil, or administrative proceeding to enforce all
applicable state laws relating to insurance fraud, including criminal
prosecutions, disciplinary actions, and actions for declaratory and injunctive
relief.  The attorney general may designate an attorney as a special deputy
attorney general for purposes of this subsection.



(f)  Investigators appointed and commissioned
under this part shall have and may exercise all of the powers and authority of
a police officer or of a deputy sheriff.



(g)  Funding for the branch shall come from the
compliance resolution fund established by section 26-9(o). [L 2009, c 149, pt
of §2]