House of Representatives

HB 2435

insurance; fraud unit; confidential information

Sponsors: Representatives Poelstra, Kraft: Cooley, Hanson et al.

 

W/D

Committee on Judiciary

X

Committee on Financial Institutions and Insurance

 

Caucus and COW

 

Third Read

 

 

As Passed the House

 

HB 2435 as introduced removes the 10-year time limit protecting privileged and confidential materials relating to an investigation by the Department of Insurance Fraud Unit.

 

History

The Insurance Department Fraud Unit was established on July 1, 1994 to investigate insurance fraud.  Any prosecution of criminal cases resulting from the investigations conducted by the fraud unit are handled by the Arizona Attorney General and a county attorney.  The Director of the Department of Insurance may request the submission of papers, documents, reports or other evidence relating to an investigation of any act or practice of fraud.  The Director may also issue subpoenas in such an investigation.

 

A strike-everything amendment will be offered to HB 2435 with the following provisions:

§         Stipulates that the Director may keep the identity of an informant confidential, as well as any information that might identify an informant.

§         Makes the director notify an insurer of any record request or subpoena for documents, materials, or other information referred to the fraud unit unless the subpoena is issued by the Attorney general or a county attorney.

§         Authorizes a law enforcement agency, the Attorney General or a county attorney to access information including the identity of an informant, for the purpose of a criminal investigation or prosecution.

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§         45th Legislature                 

§         Second Regular Session      2          March 18, 2002

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