2002 Minnesota 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