Policy and Procedure Name:
|
Fraud/Special Investigations
|
Policy #:
|
CP-06-01
|
Code/Rule Reference:
|
R.C. 4123.511(K); R.C. 2913.48
|
Effective Date:
|
03/26/21
|
Approved:
|
Ann M. Shannon, Chief of Claims Policy and Support
|
Origin:
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Claims Policy
|
Supersedes:
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Policy # CP-06-01, effective 07/12/17
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History:
|
Previous versions of this policy are available upon
request
|
I. POLICY PURPOSE
The purpose of this policy is to ensure that allegations of
workers’ compensation fraud are investigated, referred for prosecution when
appropriate, and that any funds due to BWC are recovered by any and all legal
means, including, but not limited to, establishing payment plans and filing
liens.
II. APPLICABILITY
This policy applies to all BWC staff.
III. DEFINITIONS
Workers’ compensation fraud: A criminal offense
pursuant to R.C. 2913.48, that states that no person with purpose to defraud or
knowing that the person is facilitating a fraud shall do any of the following:
·
Receive workers’ compensation benefits to which the person is not
entitled;
·
Make, present, or cause to be made or presented a false or
misleading statement, with the purpose to secure payment for goods or services,
or to receive benefits from BWC;
·
Alter, falsify, destroy, conceal, or remove any record or
document that is necessary to fully establish the validity of any claim filed
with BWC or a self-insuring employer, or necessary to establish the validity of
goods and services for which reimbursement or payment was received or is
requested from BWC or a self-insuring employer;
·
Enter into an agreement or conspiracy to defraud BWC or a
self-insuring employer by making or presenting, or causing to be made or
presented a false claim for workers’ compensation benefits;
·
Make or present, or cause to be made or presented, a false
statement concerning information necessary to determine the actual workers’
compensation premium or assessment owed to BWC by an employer;
·
Alter, forge, or create a workers’ compensation certificate to
falsely show current or correct workers’ compensation coverage; or
·
Fail to secure or maintain workers’ compensation coverage as
required by R.C. 4123, with the intent to defraud BWC.
IV. POLICY
It is the policy of BWC and the
Special Investigations Department to aggressively pursue cases of workers’
compensation claims fraud, medical provider fraud, and premium fraud, and to
declare overpayments, identify savings, disallow claims, pursue prosecutions,
and recover dollars in order to improve the effectiveness of BWC operations and
decrease premium costs.