Title 17, Title 17: CORPORATIONS AND INSTITUTIONS FOR FINANCE AND INSURANCE

17:33A-13. Annual report on activities and cost effectiveness The commissioner shall report annually to the Senate Labor, Industry and Professions Committee and the Assembly Banking and Insurance Committee as to the activities of the division and the cost effectiveness of the pro…

17:33A-14. Criminal prosecution The imposition of any fine or other remedy under this act shall not preclude prosecution for a violation of the criminal law of this State. L.1983, c. 320, s. 14.

17:33A-15. Filing of plan for prevention, detection of fraudulent health, auto insurance claims 1. a. Every insurer writing health insurance or private passenger automobile insurance in this State shall file with the commissioner a plan for the prevention and detection of fraudul…

17:33A-16 Office of the Insurance Fraud Prosecutor. 32. There is established in the Division of Criminal Justice in the Department of Law and Public Safety the Office of the Insurance Fraud Prosecutor. The Insurance Fraud Prosecutor shall be appointed by, and serve at the pleasur…

17:33A-17 Appointment; transfer of personnel. 33. The Attorney General may appoint such personnel, including attorneys and clerical personnel, as necessary to carry out the duties of the office. The personnel charged with investigatory work in the Division of Insurance Fraud Prev…

17:33A-18 Establishment of liaison between office, other departments; responsibilities. 34. a. A section of the Office of Insurance Fraud Prosecutor shall be designated to be responsible for establishing a liaison and continuing communication between the office and the Department…

17:33A-19 Duties of Insurance Fraud Prosecutor. 35. The Insurance Fraud Prosecutor shall investigate and, if warranted, prosecute, cases referred to it by insurers, State agencies, or county and municipal governments. The Insurance Fraud Prosecutor may assist county prosecutors i…

17:33A-19.1 Additional investigatory and prosecutorial authority, referral for criminal prosecution. 2. In addition to the investigatory and prosecutorial authority granted pursuant to section 35 of P.L.1998, c.21 (C.17:33A-19), the Insurance Fraud Prosecutor may investigate, and…

17:33A-2. Purpose of act The purpose of this act is to confront aggressively the problem of insurance fraud in New Jersey by facilitating the detection of insurance fraud, eliminating the occurrence of such fraud through the development of fraud prevention programs, requiring the…

17:33A-20 Establishment of Statewide fraud enforcement policy. 36. The Attorney General shall, in consultation with county prosecutors, establish a Statewide fraud enforcement policy for all State and local agencies, including guidelines for the investigation and prosecution of f…

17:33A-21 Standards of performance for Fraud Investigatory Section. 37. Standards of performance shall be established for the Fraud Investigatory Section, which shall include, but not be limited to, recording the cases referred by insurers, local government agencies and others wh…

17:33A-22 Maintenance of data base; reporting of claims information. 38. a. The Insurance Fraud Prosecutor shall maintain a data base which includes referrals, reports of fraud investigations, prosecution, or litigation, and the results of such proceedings, which shall include: (…

17:33A-23 Access to information provided to Insurance Fraud Prosecutor. 39. The Insurance Fraud Prosecutor shall have access to all necessary information in the possession of the State or local public entities, including agency inspection reports, motor vehicle records and licens…

17:33A-24 Additional duties of office; annual report. 40. The Attorney General shall direct the Office of the Insurance Fraud Prosecutor to: a. Confer from time to time with departments or other units of State government which have units which investigate fraud, in order to coord…

17:33A-25 Recommendation for suspension, revocation of professional license. 41. In the case of a professional licensed or certified by a professional licensing board in the Division of Consumer Affairs in the Department of Law and Public Safety who is guilty of fraud, the Insura…

17:33A-26 Restitution; seizure of assets. 42. The Insurance Fraud Prosecutor shall consider the restitution of moneys to insurers and others who are defrauded as a major priority, in order that policyholders may benefit from the prosecution of those persons guilty of insurance fr…

17:33A-27 Specific goals, strategies. 43. The Insurance Fraud Prosecutor shall have access to all information concerning insurance fraud enforcement activities in the possession of all State departments and agencies. The office shall meet on a regular basis with representatives o…

17:33A-28 Application for reimbursement. 44. Any county prosecutor may apply to the Office of the Insurance Fraud Prosecutor for reimbursement for activities undertaken in connection with investigating and prosecuting insurance fraud. The Attorney General shall allocate such fund…

17:33A-29 Provision of information from accident report. 45. Every state and local law enforcement agency, including the New Jersey State Police, shall make available to investigators employed by insurers, upon presentation of appropriate identification, information from any acci…

17:33A-3 Definitions. 3. As used in this act: "Attorney General" means the Attorney General of New Jersey or his designated representatives. "Bureau" means the Bureau of Fraud Deterrence established by section 8 of P.L.1983, c.320 (C.17:33A-8). "Commissioner" means the Commission…

17:33A-30 Certification of amount allocable to office expenses. 46. The Attorney General shall annually, on or before October 1, certify to the Commissioner of Banking and Insurance an amount allocable to the expenses of the Office of the Insurance Fraud Prosecutor for the preced…

17:33A-31 to 17:33A-34 relocated to 2C:21-4.4 to 2C:21-4.7

17:33A-4 Violations. 4. a. A person or a practitioner violates this act if he: (1) Presents or causes to be presented any written or oral statement as part of, or in support of or opposition to, a claim for payment or other benefit pursuant to an insurance policy or the "Unsatisf…

17:33A-5 Remedies; penalties; fund established. 5. a. Whenever the commissioner determines that a person has violated any provision of P.L.1983, c.320 (C.17:33A-1 et seq.), the commissioner may either: (1) bring a civil action in accordance with subsection b. of this section; or …

17:33A-5.1 Surcharge for insurance fraud. 53. In addition to any other penalty, fine or charge imposed pursuant to law, a person who is found in any legal proceeding to have committed insurance fraud shall be subject to a surcharge in the amount of $1,000. If a person is charged …

17:33A-6. Statement on insurance claim forms 6. a. Insurance claim forms shall contain a statement in a form approved by the commissioner that clearly states in substance the following: "Any person who knowingly files a statement of claim containing any false or misleading inform…

17:33A-7. Actions by insurance companies against violators 7. a. Any insurance company damaged as the result of a violation of any provision of this act may sue therefor in any court of competent jurisdiction to recover compensatory damages, which shall include reasonable investi…

17:33A-8 Bureau of Fraud Deterrence. 8. a. (1) There is established in the Department of Banking and Insurance the Bureau of Fraud Deterrence. The bureau shall assist the commissioner in administratively investigating allegations of insurance fraud in consultation with the Office…

17:33A-9 Alleged violations; civil liability; referrals; records. 9. a. (1) Any person who believes that a violation of this act has been or is being made shall notify the bureau and the Office of the Insurance Fraud Prosecutor immediately after discovery of the alleged violation…