642.28   INSURANCE FRAUD.
   (a)   As used in this section:
      (1)   “Data” has the same meaning as in Section 642.01 and additionally includes any other representation of information, knowledge, facts, concepts or instructions that are being or have been prepared in a formalized manner.
      (2)   “Deceptive” means that a statement, in whole or in part, would cause another to be deceived because it contains a misleading representation, withholds information, prevents the acquisition of information or by any other conduct, act or omission creates, confirms or perpetuates a false impression, including, but not limited to, a false impression as to law, value, state of mind or other objective or subjective fact.
      (3)   “Insurer” means any person who or which is authorized to engage in the business of insurance in this State under Title XXXIX of the Ohio Revised Code; the Ohio Fair Plan Underwriting Association created under Ohio R.C. 3929.43; any prepaid dental plan, medical care corporation, health care corporation, dental care corporation or health maintenance organization; and any legal entity that is self-insured and provides benefits to its employees or members.
      (4)   “Policy” means a policy, certificate, contract or plan that is issued by an insurer.
      (5)   “Statement” includes, but is not limited to, any notice, letter or memorandum; proof of loss; bill of lading; receipt for payment; invoice account or other financial statement; estimate of property damage; bill for services; diagnosis or prognosis; prescription; hospital, medical or dental chart or other record; X-ray, photograph, videotape or movie film; test result; other evidence of loss, injury or expenses, computer-generated document; and data in any form.
   (b)   No person, with purpose to defraud or knowing that the person is facilitating a fraud, shall do either of the following:
      (1)   Present to, or cause to be presented to, an insurer any written or oral statement that is part of, or in support of, an application for insurance, a claim for payment pursuant to a policy or a claim for any other benefit pursuant to a policy, knowing that the statement, or any part of the statement, is false or deceptive;
      (2)   Assist, aid, abet, solicit, procure or conspire with another to prepare or make any written or oral statement that is intended to be presented to an insurer as part of, or in support of, an application for insurance, a claim for payment pursuant to a policy, or a claim for any other benefit pursuant to a policy, knowing that the statement, or any part of the statement, is false or deceptive.
   (c)   Whoever violates this section is guilty of insurance fraud. Except as otherwise provided in this division, insurance fraud is a misdemeanor of the first degree. If the amount of the claim that is false or deceptive is one thousand dollars ($1,000) or more, insurance fraud is a felony to be prosecuted under appropriate state law.  The penalty shall be as provided in Section 698.02.
   (d)   This section shall not be construed to abrogate, waive or modify Ohio R.C. 2317.02(A).
(ORC 2913.47)