Bill Text: AZ HB2331 | 2015 | Fifty-second Legislature 1st Regular | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Workers' compensation; fraudulent claims; forfeiture

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-03-30 - Chapter 115 [HB2331 Detail]

Download: Arizona-2015-HB2331-Introduced.html

 

 

 

REFERENCE TITLE: workers' compensation; fraudulent claims; forfeiture

 

 

 

State of Arizona

House of Representatives

Fifty-second Legislature

First Regular Session

2015

 

 

HB 2331

 

Introduced by

Representative Fann

 

 

AN ACT

 

Amending section 23-1028, Arizona Revised Statutes; relating to workers' compensation.

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 23-1028, Arizona Revised Statutes, is amended to read:

START_STATUTE23-1028.  False statements or representations to obtain compensation; forfeiture; classification; sworn statement; definition

A.  If in order to obtain any compensation, benefit or payment under the provisions of this chapter, either for himself or for another, any person knowingly makes a false statement or representation, such the person is guilty of a class 6 felony, and, if the person is a claimant for compensation, benefit or payment, he the claimant shall in addition also forfeit all right to such any future temporary or permanent disability compensation, benefit or payment after conviction of the offense.  Forfeiture pursuant to this section does not terminate on any subsequent designation of the offense as a misdemeanor.

B.  Notwithstanding section 13‑801, a sentence to pay a fine for a violation of this section by a claimant or co‑employee shall be a sentence to pay an amount fixed by the court of not more than fifty thousand dollars.

C.  Any person who commits a violation under this section is also subject to the penalties prescribed in sections 20‑466.02 and 20‑466.04.

D.  A claimant for compensation shall personally sign any document that requests the claimant to report employment status or earnings to the insurance carrier or self-insured employer, including the annual report of earnings pursuant to section 23-1047.  The reporting document shall contain a statement that is substantially in the following form:

Any person who knowingly makes a false statement or representation to obtain any compensation, benefit or payment is guilty of a class 6 felony and is subject to up to one and one‑half years in prison, a fifty thousand dollar fine and forfeiture of benefits.  By my signature below, I am applying for all benefits to which i may be entitled and I swear that the statements made on this application are true, correct and complete.

D.  E.  For the purposes of this section, "statement" includes any notice, proof of injury, bill for services, payment for services, hospital or doctor records, x‑rays, test reports, medical or legal expenses, or other evidence of loss or injury, or other expense or payment. END_STATUTE

feedback