§ 40:1422 — Insurance fraud investigation unit; powers and duties

§1422. Insurance fraud investigation unit; powers and duties
A. There is hereby created an insurance fraud investigation unit in the Department
of Public Safety and Corrections, public safety services, office of state police, and the unit
shall be solely dedicated to the investigation of property and casualty, worker's
compensation, life, and health insurance fraud. The purposes of this unit shall be to:
(1) Initiate independent inquiries and conduct independent investigations into
allegations of insurance fraud in any municipality or parish of the state of Louisiana and
perform other related law enforcement duties.
(2) Respond to notification or complaints alleging insurance fraud generated by
federal, state, and local police, other law enforcement authorities, governmental agencies or
units, and any other person.
(3) Review notices and reports of insurance fraud, select the incidents of suspected
fraud that, in its judgment, require further detailed investigation, and conduct the
investigations.
B. The insurance fraud investigation unit shall have the authority to:
(1) Issue subpoenas to examine any person under oath and to compel the production
of records, books, papers, contracts, and other documents. Subpoenas shall be served in the
same manner as if issued by a district court. If any person fails to obey a subpoena issued
and served pursuant to this Subsection, upon application of the insurance fraud investigation
unit, the Nineteenth Judicial District Court or the district court in the judicial district where
the subpoena was served may issue an order requiring the person to comply with the
subpoena. Any failure to obey the order of the court may be punished by the court as
contempt.
(2) Administer oaths and affirmation.
(3) Share records and evidence with federal, state, or local law enforcement or
regulatory agencies.
(4) Make criminal referrals to prosecuting authorities. The district attorney of the
judicial district where a criminal referral has been made shall, for the purpose of assisting in
such prosecution, have the authority to appoint as special deputy district attorneys, licensed
attorneys in the employment of the insurance fraud investigation unit. The district attorney
shall have the right and discretion to proceed against any person or organization on criminal
referrals.
(5) Conduct investigations outside of this state. If the information the fraud unit
seeks to obtain is located outside this state, the person from whom the information is sought
may make the information available to the fraud unit to examine at the place where the
information is located. The fraud unit may designate representatives, including officials of
the state in which the matter is located, to inspect the information on behalf of the fraud unit,
and the fraud unit may respond to similar requests from officials of other states.
C. The police employees of the unit shall have the same duties and powers as are
provided for other police employees of the office in R.S. 40:1379 and such other duties as
are assigned by the deputy secretary of public safety services of the Department of Public
Safety and Corrections. The police employees of the unit shall complete the National
Insurance Crime Training Academy, phases 1, 2, and 3, and Fraud Claims Law Specialist
program, within the first two years of assignment to the unit.

Legislative History

Acts 1999, No. 1312, §4, eff. Jan. 1, 2000; Acts 2010, No. 1013, §2, eff. July 1, 2010.