§ 28-41-40 — § 28-41-40. Fraud and misrepresentation of benefits.

§ 28-41-40. Fraud and misrepresentation of benefits.

(a) The temporary caregiver insurance program shall be part of the temporary disability insurance fund. If the director finds that any individual falsely certifies the medical condition of any person in order to obtain family temporary disability insurance benefits, with the intent to defraud, whether for the maker or for any other person, the director shall assess a penalty against the individual in the amount of twenty-five percent (25%) of the benefits paid as a result of the false certification. Unless otherwise specified to the contrary, all of the provisions of chapters 39 — 41 of this title shall apply to the temporary caregiver insurance program.

(b) If a physician or other qualified healthcare provider licensed by a foreign country is under investigation by the department for assisting in the filing of false claims and the department does not have the legal remedies to conduct a criminal investigation or prosecution in that country, the department may suspend the processing of all further certifications until the licensed qualified healthcare provider fully cooperates and continues to cooperate with the investigation. A qualified healthcare provider licensed by and practicing in a foreign country who has been convicted of filing false claims with the department shall be barred indefinitely from filing a certificate in support of a temporary disability insurance or temporary caregiver insurance claim in the state of Rhode Island.

Legislative History

P.L. 2013, ch. 187, § 1; P.L. 2013, ch. 213, § 1.