Anti-Fraud Rule Changes – Important?
Subtle changes can have substantial impacts. Or they can just be clean ups. Traditionally, Rule 69D-2.005, Florida Administrative Code, has placed the duty of conducting audits of insurance company SIUs and Anti-Fraud plans with the Office of Insurance Regulation. The plans were to be filed with the Division of Insurance Fraud, located in the Department of Financial Services.
The Division of Insurance Fraud felt a little “left out” and so it filed a Notice of Development of Rulemaking announcing changes to the rule to clarify “the Department has the authority to take appropriate administrative action against insurers for failure to comply with the law.” Rule development will likely continue and I would expect the amendments to become rule.
Exactly what kind of impact these changes will have is an unknown. But it is a good time to review your entity’s compliance with the anti-fraud requirements of section 626.989 and 626.9891 and related statutes.