Kentucky Statutes 342.335 – Fraud and misrepresentation in filing or delaying the filing of claims and in receiving or providing services or benefits — Penalties
Current as of: 2024 | Check for updates
|
Other versions
(1) No person shall knowingly file, or permit to be filed, any false or fraudulent claim on his or her behalf to compensation or other benefits under this chapter, or by fraud, deceit, or misrepresentation procure or cause to be made or receive any payments of compensation or other benefits under this chapter to which the recipient is not lawfully entitled, or conspire with, aid, or abet another so to do. No person shall by deceit or misrepresentation or with intent to defraud cause or procure or conspire with, aid or abet another in so causing or procuring any person entitled to compensation or other benefits under this chapter to delay or omit to claim title thereto or to accept the payment of a less sum than that to which he or she may be lawfully entitled thereunder.
(2) Any person, as that term is defined in KRS § 342.0011, who knowingly, as defined in KRS § 501.020, makes any false representation, including misrepresentations of hazards, classifications, payrolls, or other facts by an employer or its agent that are designed to cause a reduction in the employer’s premium, for the purpose of or in the course of receiving or providing any service or benefit available under this chapter, shall be subject to the civil fines imposed pursuant to KRS § 342.990 for a violation of this subsection. In addition, if a person who violates the provisions of this subsection is also dependent upon a professional license to provide any service or benefit under this chapter, the commissioner shall refer the matter to the appropriate licensing body and recommend revocation of that person’s license to work at his or her profession in the Commonwealth of Kentucky.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1819, effective July 15, 2010. — Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 19, effective December 12,
1996. — Amended 1994 Ky. Acts ch. 181, Part 13, sec. 63, effective April 4, 1994. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4945.
(2) Any person, as that term is defined in KRS § 342.0011, who knowingly, as defined in KRS § 501.020, makes any false representation, including misrepresentations of hazards, classifications, payrolls, or other facts by an employer or its agent that are designed to cause a reduction in the employer’s premium, for the purpose of or in the course of receiving or providing any service or benefit available under this chapter, shall be subject to the civil fines imposed pursuant to KRS § 342.990 for a violation of this subsection. In addition, if a person who violates the provisions of this subsection is also dependent upon a professional license to provide any service or benefit under this chapter, the commissioner shall refer the matter to the appropriate licensing body and recommend revocation of that person’s license to work at his or her profession in the Commonwealth of Kentucky.
Terms Used In Kentucky Statutes 342.335
- Commissioner: means the commissioner of the Department of Workers' Claims under the direction and supervision of the secretary of the Education and Labor Cabinet. See Kentucky Statutes 342.0011
- Compensation: means all payments made under the provisions of this chapter representing the sum of income benefits and medical and related benefits. See Kentucky Statutes 342.0011
- Dependent: A person dependent for support upon another.
- Fraud: Intentional deception resulting in injury to another.
- Person: means any individual, partnership, limited partnership, limited liability company, firm, association, trust, joint venture, corporation, or legal representative thereof. See Kentucky Statutes 342.0011
- premium: includes the initial consideration plus any reimbursements invoiced for losses, expenses, or fees charged under the deductibles. See Kentucky Statutes 342.0011
- Work: means providing services to another in return for remuneration on a regular and sustained basis in a competitive economy. See Kentucky Statutes 342.0011
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1819, effective July 15, 2010. — Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 19, effective December 12,
1996. — Amended 1994 Ky. Acts ch. 181, Part 13, sec. 63, effective April 4, 1994. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4945.