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Minnesota Legislature

Office of the Revisor of Statutes

45.0135 Division of insurance fraud prevention.

Subdivision 1. Creation. The division of insurance fraud prevention is established in the department of commerce. The division of insurance fraud prevention shall:

(1) initiate inquiries and conduct investigations when the division has reason to believe that insurance fraud has been or is being committed;

(2) respond to notifications or complaints of suspected insurance fraud generated by state and local police, other law enforcement authorities, governmental units, including the federal government, and any other person;

(3) review notices and reports of insurance fraud submitted by authorized insurers, their employees, and agents or producers, and to investigate those incidents of alleged fraud that, in its judgment, require further investigation; and

(4) report incidents of alleged insurance fraud disclosed by its investigations to appropriate law enforcement authorities, including, but not limited to, the attorney general, county attorneys, and to any other appropriate law enforcement, administrative, regulatory, or licensing agency, and to assemble evidence, prepare charges, and otherwise assist any law enforcement authority having jurisdiction.

Subd. 2. Powers. The division of insurance fraud prevention may employ investigators who are certified by the board of peace officers standards and training. The general laws applicable to law enforcement officers of this state are applicable to the investigators. The powers of the division include, but are not limited to, the following powers:

(1) to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require production of any books, papers, correspondence, memoranda, agreements, or other documents or records that the division considers relevant or material to an inquiry concerning insurance fraud;

(2) to make arrests for criminal violations established as a result of their investigations; and

(3) to execute arrest and search warrants for the same criminal violations.

Subd. 3. Evidence, documentation, and related materials. If the division seeks evidence, documentation, and related materials pertinent to an investigation, and the matter is located outside of this state, the division may designate representatives, including officials of the state where the matter is located, to secure the matter or inspect the matter on its behalf.

Subd. 4. Confidentiality and immunity. The provisions of chapter 13, including, but not limited to, section 13.82, apply to the classification, disclosure, and collection of data relating to the division of insurance fraud prevention.

Subd. 5. Annual report on activities and cost-effectiveness. The division of insurance fraud prevention shall maintain records and information in order to produce an annual report of its activities as may be prescribed by the commissioner of commerce. The commissioner shall report annually to the house and senate standing committees with jurisdiction over insurance issues as to the activities of the division and the cost-effectiveness of the programs established by the division.

Subd. 6. Insurance fraud prevention account. The insurance fraud prevention account is created in the state treasury. It consists of any appropriations made by law. Money in this fund is appropriated to the commissioner of commerce for the purposes specified in this section and sections 60A.951 to 60A.956.

HIST: 2002 c 331 s 1