Ohio Miscellaneous Regulatory Material DEPARTMENT OF INSURANCE BULLETINS Bulletin 92-3 Recission of bulletin 90-3	Effective Date September 25, 1992

This bulletin rescinds and supersedes existing Department of Insurance BULLETIN 90-3, dated September 14, 1990, entitled Insurance Fraud Warning Statute.

Ohio Revised Code Section 3999.21, as amended by H.B. 259, requires that all applications for group or individual insurance and all claim forms, for use by persons in applying for insurance or submitting a claim for payment or any other benefit, shall clearly contain a warning substantially similar to that stated in the statute. The amendments made by H.B. 259 eliminate the requirement that this warning be contained on certificates of insurance.

H.B. 259 permits insurers to comply with the warning requirement by using an addendum to an application or claim form, as long as it is actually attached to the form and otherwise satisfies the statute's requirements. An addendum may be used indefinitely, as may stamps and stickers.

This law applies to all insurers as defined in Ohio Revised Code Section 2913.47(A)(3). This definition is not limited to health insurers. It includes all insurers licensed under Title 39 of the Revised Code; the following insurers authorized under Title 17 of the Revised Code: prepaid dental plans, medical care corporations, health care corporations, dental care corporations and health maintenance organizations; and any legal entity that is self-insured and provides benefits to its employees or members.

While the Department has not prescribed any particular language to be used, the language should be substantially similar to that contained in the statute and must be conspicuous and noticeable to the average reader. Insurers intending to use language other than the exact language contained in the statute were to have given the Department prior written notice of the language to be used. Insurers who have failed to do so, must immediately make a filing with the appropriate division (Life and Health, Managed Care, Property and Casualty) for review and consideration by the Department.

Harold T. Duryee
Director of Insurance

CROSS REFERENCE 3999.21; 2913.47

DATE NEW 1992

ODEN Life and Annuities
FRAUD

SUBJECT CATEGORY 010 - All/unspecified lines
080 - Group insurance (all lines)
300 - The policy
700 - Trade practices
720 - Information practices

INDEX
Forms (documents) and Insurance fraud and Fraud warning statements
Application forms and Insurance fraud and Fraud warning statements
Proofs of loss forms and Insurance fraud and Fraud warning statements