Ohio § 2913.47

§ 2913.47.

(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 , the assigned risk plan created under section 4509.70 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 .