Effective: September 30, 2011
Latest Legislation: House Bill 86 - 129th General Assembly
(A) As used in this section:
(1) "Data" has the same meaning as in section 2913.01 of the Revised Code and additionally includes any other representation of information, knowledge, facts, concepts, or instructions that are being or have been prepared in a formalized manner.
(2) "Deceptive" means that a statement, in whole or in part, would cause another to be deceived because it contains a misleading representation, withholds information, prevents the acquisition of information, or by any other conduct, act, or omission creates, confirms, or perpetuates a false impression, including, but not limited to, a false impression as to law, value, state of mind, or other objective or subjective fact.
(3) "Insurer" means any person that is authorized to engage in the business of insurance in this state under Title XXXIX of the Revised Code, the Ohio fair plan underwriting association created under section 3929.43 of the Revised Code, any health insuring corporation, 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; estimate 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 following:
(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 section is guilty of insurance fraud. Except as otherwise provided in this division, insurance fraud is a misdemeanor of the first degree. If the amount of the claim that is false or deceptive is one thousand dollars or more and is less than seven thousand five hundred dollars, insurance fraud is a felony of the fifth degree. If the amount of the claim that is false or deceptive is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, insurance fraud is a felony of the fourth degree. If the amount of the claim that is false or deceptive is one hundred fifty thousand dollars or more, insurance fraud is a felony of the third degree.
(D) This section shall not be construed to abrogate, waive, or modify division (A) of section 2317.02 of the Revised Code.
Structure Ohio Revised Code
Chapter 2913 | Theft and Fraud
Section 2913.01 | Theft and Fraud General Definitions.
Section 2913.03 | Unauthorized Use of a Vehicle.
Section 2913.04 | Unauthorized Use of Property - Computer, Cable, or Telecommunication Property.
Section 2913.041 | Possession or Sale of Unauthorized Cable Television Device.
Section 2913.05 | Telecommunications Fraud.
Section 2913.06 | Unlawful Use of Telecommunications Device.
Section 2913.07 | Motion Picture Piracy.
Section 2913.11 | Passing Bad Checks.
Section 2913.21 | Misuse of Credit Cards.
Section 2913.30 | Counterfeiting.
Section 2913.32 | Criminal Simulation.
Section 2913.33 | Making or Using Slugs.
Section 2913.34 | Trademark Counterfeiting.
Section 2913.40 | Medicaid Fraud.
Section 2913.401 | Medicaid Eligibility Fraud.
Section 2913.41 | Defrauding a Rental Agency or Hostelry.
Section 2913.42 | Tampering With Records.
Section 2913.43 | Securing Writings by Deception.
Section 2913.44 | Personating an Officer.
Section 2913.441 | Unlawful Display of Law Enforcement Emblem.
Section 2913.45 | Defrauding Creditors.
Section 2913.46 | Illegal Use of Food Stamps or Wic Program Benefits.
Section 2913.47 | Insurance Fraud.
Section 2913.48 | Workers' Compensation Fraud.
Section 2913.49 | Identity Fraud.
Section 2913.51 | Receiving Stolen Property.
Section 2913.61 | Finding of Value of Stolen Property as Part of Verdict.
Section 2913.71 | Felony of Fifth Degree Regardless of the Value of the Property.
Section 2913.72 | Evidence of an Intent to Commit Theft of Rented Property.
Section 2913.73 | Evidence That Victim Lacked Capacity to Give Consent.