[§431:2-403]  Insurance fraud.  (a) A person commits the offense of insurance fraud if the person:

(1)  Intentionally or knowingly misrepresents orconceals material facts, opinions, intention, or law to obtain or attempt toobtain coverage, benefits, recovery, or compensation:

(A)  When presenting, or causing or permittingto be presented, an application, whether written, typed, or transmitted throughelectronic media, for the issuance or renewal of an insurance policy orreinsurance contract;

(B)  When presenting, or causing or permittingto be presented, false information on a claim for payment;

(C)  When presenting, or causing or permittingto be presented, a claim for the payment of a loss;

(D)  When presenting, or causing or permittingto be presented, multiple claims for the same loss or injury, includingknowingly presenting such multiple and duplicative claims to more than oneinsurer;

(E)  When presenting, or causing or permittingto be presented, any claim for payment of a health care benefit;

(F)  When presenting, or causing or permittingto be presented, a claim for a health care benefit that was not used by, orprovided on behalf of, the claimant;

(G)  When presenting, or causing or permittingto be presented, improper multiple and duplicative claims for payment of thesame health care benefit;

(H)  When presenting, or causing or permittingto be presented, for payment any undercharges for benefits on behalf of aspecific claimant unless any known overcharges for benefits under this articlefor that claimant are presented for reconciliation at the same time;

(I)  When fabricating, altering, concealing,making an entry in, or destroying a document whether typed, written, or throughan audio or video tape or electronic media;

(J)  When presenting, or causing or permittingto be presented, to a person, insurer, or other licensee false, incomplete, ormisleading information to obtain coverage or payment otherwise available underan insurance policy;

(K)  When presenting, or causing or permittingto be presented, to a person or producer, information about a person's statusas a licensee that induces a person or insurer to purchase an insurance policyor reinsurance contract; and

(L)  When making, or causing or permitting tobe made, any statement, either typed, written, or through audio or video tapeor electronic media, or claims by the person or on behalf of a person withregard to obtaining legal recovery or benefits;

(2)  Intentionally or knowingly aids, agrees, orattempts to aid, solicit, or conspire with any person who engages in anunlawful act as defined under this section; or

(3)  Intentionally or knowingly makes, causes, orpermits to be presented, any false statements or claims by any person or onbehalf of any person during an official proceeding as defined by section710-1000.

(b)  Violation of subsection (a) is a criminaloffense and shall constitute:

(1)  A class B felony if the value of the benefits,recovery, or compensation obtained or attempted to be obtained is more than $20,000;

(2)  A class C felony if the value of the benefits,recovery, or compensation obtained or attempted to be obtained is more than$300; or

(3)  A misdemeanor if the value of the benefits,recovery, or compensation obtained or attempted to be obtained is $300 or less.

(c)  This section shall not supersede any otherlaw relating to theft, fraud, or deception.  Insurance fraud may beprosecuted under this part, or any other applicable statute or common law, andall such remedies shall be cumulative. [L 2009, c 149, pt of §2]