Okla. Stat. tit. 21, § 21-1663
This is the official text of Okla. Stat. tit. 21, § 21-1663, part of Oklahoma’s Stat. tit. 21, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 21,." Browse the sections below, each linked to its official government source.
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Workers' compensation fraud - Punishment
Official statutory text
A. Any person who commits workers' compensation fraud, upon
conviction, shall be guilty of a Class D1 felony offense punishable
by imprisonment as provided for in subsections B through F of
Section 20N of this title, or by a fine not exceeding Ten Thousand
Dollars ($10,000.00), or by both such fine and imprisonment. Any
person who commits workers’ compensation fraud and who has a prior
felony conviction of workers’ compensation fraud shall receive a
two-year penalty enhancement for each prior conviction in addition
to the sentence provided above.
B. For the purposes of this section, workers' compensation
fraud shall include, but not be limited to, any act or omission
prohibited by subsection C of this section and committed by a person
with the intent to injure, defraud or deceive another with respect
to any of the following:
1. A claim for payment or other benefit pursuant to a contract
of insurance;
2. An application for the issuance of a contract of insurance;
Oklahoma Statutes - Title 21. Crimes and Punishments Page 763
3. The rating of a contract of insurance or any risk associated
with the contract;
4. Premiums paid on any contract of insurance whether or not
the contract was actually issued;
5. Payments made in accordance with the terms of a contract of
insurance;
6. An application for any license which is required by the
Oklahoma Insurance Code, Title 36 of the Oklahoma Statutes;
7. An application for a license which is required for the
organization, operation or maintenance of a health maintenance
organization pursuant to Section 2501 et seq. of Title 63 of the
Oklahoma Statutes;
8. A request for any approval, license, permit or permission
required by the Workers' Compensation Act, by the rules of the
Workers' Compensation Court or by the rules of the Workers'
Compensation Court Administrator necessary to secure compensation as
required by Section 61 of Title 85 of the Oklahoma Statutes;
9. The financial condition of an insurer or purported insurer;
10. The acquisition of any insurer; or
11. A contract of insurance or a Certification of Non-Coverage
Under the Workers' Compensation Act.
C. A person is guilty of workers' compensation fraud who:
1. Presents, causes to be presented or intends to present to
another, any statement as part of or in support of any of the
purposes described in subsection B of this section knowing that such
statement contains any false, fraudulent, incomplete or misleading
information concerning any fact or thing material to the purpose for
the statement;
2. Assists, abets, solicits or conspires with another to
prepare or make any statement that is intended to be presented to,
used by or relied upon by another in connection with or in support
of any of the purposes described in subsection B of this section
knowing that such statement contains any false, fraudulent,
incomplete or misleading information concerning any fact or thing
material to the purpose of the statement;
3. Conceals, attempts to conceal or conspires to conceal any
information concerning any fact material to any of the purposes
described in subsection B of this section;
4. Solicits, accepts or conspires to solicit or accept new or
renewal insurance risks by or for an insolvent insurer;
5. Removes, attempts to remove or conspires to remove the
assets or records of the insurer or a material part thereof, from
the place of business of the insurer or from a place of safekeeping
of the insurer;
6. Conceals, attempts to conceal or conspires to conceal the
assets or records of the insurer or a material part thereof;
Oklahoma Statutes - Title 21. Crimes and Punishments Page 764
7. Diverts, attempts to divert, or conspires to divert funds of
an insurer or other person in connection with:
a. a contract of insurance,
b. the business of an insurer, or
c. the formation, acquisition or dissolution of an
insurer;
8. Solicits, accepts or conspires to solicit or accept any
he insurer or a material part thereof;
Oklahoma Statutes - Title 21. Crimes and Punishments Page 764
7. Diverts, attempts to divert, or conspires to divert funds of
an insurer or other person in connection with:
a. a contract of insurance,
b. the business of an insurer, or
c. the formation, acquisition or dissolution of an
insurer;
8. Solicits, accepts or conspires to solicit or accept any
benefit in exchange for violating any provision of this section;
9. Conceals, attempts to conceal, conspires to conceal or fails
to disclose any change in any material fact, circumstance or thing
for which there is a duty to disclose to another; or
10. Alters, falsifies, forges, distorts, counterfeits or
otherwise changes any material statement, form, document, contract,
application, certificate, or other writing with the intent to
defraud, deceive, or mislead another.
D. It shall not be a defense to an allegation of a violation of
this section that the person accused did not have a contractual
relationship with the insurer.
E. For the purposes of this section:
1. “Contract of insurance” includes, but is not limited to,
workers' compensation insurance or any other means of securing
compensation permitted by the Workers' Compensation Act or
reinsurance for such insurance or other means of securing
compensation;
2. “Insurer” includes, but is not limited to, any person who is
engaged in the business of making contracts of insurance;
3. “Person” means any individual or entity, whether
incorporated or not, and in the case of an entity, includes those
persons directly responsible for the fraudulent actions of the
entity;
4. “Statement” includes, but is not limited to, any oral,
written, computer-generated or otherwise produced notice, proof of
loss, bill of lading, receipt for payment, invoice, account,
certificate, survey affidavit, book, paper, writing, estimate of
property damage, bill for services, diagnosis, prescription, medical
record, x-ray, test result or other evidence of loss, injury or
expense; and
5. “Work” does not include activities that result in nominal
economic gain.
conviction, shall be guilty of a Class D1 felony offense punishable
by imprisonment as provided for in subsections B through F of
Section 20N of this title, or by a fine not exceeding Ten Thousand
Dollars ($10,000.00), or by both such fine and imprisonment. Any
person who commits workers’ compensation fraud and who has a prior
felony conviction of workers’ compensation fraud shall receive a
two-year penalty enhancement for each prior conviction in addition
to the sentence provided above.
B. For the purposes of this section, workers' compensation
fraud shall include, but not be limited to, any act or omission
prohibited by subsection C of this section and committed by a person
with the intent to injure, defraud or deceive another with respect
to any of the following:
1. A claim for payment or other benefit pursuant to a contract
of insurance;
2. An application for the issuance of a contract of insurance;
Oklahoma Statutes - Title 21. Crimes and Punishments Page 763
3. The rating of a contract of insurance or any risk associated
with the contract;
4. Premiums paid on any contract of insurance whether or not
the contract was actually issued;
5. Payments made in accordance with the terms of a contract of
insurance;
6. An application for any license which is required by the
Oklahoma Insurance Code, Title 36 of the Oklahoma Statutes;
7. An application for a license which is required for the
organization, operation or maintenance of a health maintenance
organization pursuant to Section 2501 et seq. of Title 63 of the
Oklahoma Statutes;
8. A request for any approval, license, permit or permission
required by the Workers' Compensation Act, by the rules of the
Workers' Compensation Court or by the rules of the Workers'
Compensation Court Administrator necessary to secure compensation as
required by Section 61 of Title 85 of the Oklahoma Statutes;
9. The financial condition of an insurer or purported insurer;
10. The acquisition of any insurer; or
11. A contract of insurance or a Certification of Non-Coverage
Under the Workers' Compensation Act.
C. A person is guilty of workers' compensation fraud who:
1. Presents, causes to be presented or intends to present to
another, any statement as part of or in support of any of the
purposes described in subsection B of this section knowing that such
statement contains any false, fraudulent, incomplete or misleading
information concerning any fact or thing material to the purpose for
the statement;
2. Assists, abets, solicits or conspires with another to
prepare or make any statement that is intended to be presented to,
used by or relied upon by another in connection with or in support
of any of the purposes described in subsection B of this section
knowing that such statement contains any false, fraudulent,
incomplete or misleading information concerning any fact or thing
material to the purpose of the statement;
3. Conceals, attempts to conceal or conspires to conceal any
information concerning any fact material to any of the purposes
described in subsection B of this section;
4. Solicits, accepts or conspires to solicit or accept new or
renewal insurance risks by or for an insolvent insurer;
5. Removes, attempts to remove or conspires to remove the
assets or records of the insurer or a material part thereof, from
the place of business of the insurer or from a place of safekeeping
of the insurer;
6. Conceals, attempts to conceal or conspires to conceal the
assets or records of the insurer or a material part thereof;
Oklahoma Statutes - Title 21. Crimes and Punishments Page 764
7. Diverts, attempts to divert, or conspires to divert funds of
an insurer or other person in connection with:
a. a contract of insurance,
b. the business of an insurer, or
c. the formation, acquisition or dissolution of an
insurer;
8. Solicits, accepts or conspires to solicit or accept any
he insurer or a material part thereof;
Oklahoma Statutes - Title 21. Crimes and Punishments Page 764
7. Diverts, attempts to divert, or conspires to divert funds of
an insurer or other person in connection with:
a. a contract of insurance,
b. the business of an insurer, or
c. the formation, acquisition or dissolution of an
insurer;
8. Solicits, accepts or conspires to solicit or accept any
benefit in exchange for violating any provision of this section;
9. Conceals, attempts to conceal, conspires to conceal or fails
to disclose any change in any material fact, circumstance or thing
for which there is a duty to disclose to another; or
10. Alters, falsifies, forges, distorts, counterfeits or
otherwise changes any material statement, form, document, contract,
application, certificate, or other writing with the intent to
defraud, deceive, or mislead another.
D. It shall not be a defense to an allegation of a violation of
this section that the person accused did not have a contractual
relationship with the insurer.
E. For the purposes of this section:
1. “Contract of insurance” includes, but is not limited to,
workers' compensation insurance or any other means of securing
compensation permitted by the Workers' Compensation Act or
reinsurance for such insurance or other means of securing
compensation;
2. “Insurer” includes, but is not limited to, any person who is
engaged in the business of making contracts of insurance;
3. “Person” means any individual or entity, whether
incorporated or not, and in the case of an entity, includes those
persons directly responsible for the fraudulent actions of the
entity;
4. “Statement” includes, but is not limited to, any oral,
written, computer-generated or otherwise produced notice, proof of
loss, bill of lading, receipt for payment, invoice, account,
certificate, survey affidavit, book, paper, writing, estimate of
property damage, bill for services, diagnosis, prescription, medical
record, x-ray, test result or other evidence of loss, injury or
expense; and
5. “Work” does not include activities that result in nominal
economic gain.
Status: in_force · Read it on the official government site
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