Insurers and health service organizations are bound to include in every insurance application form and in every insurance claim form, a conspicuous and legible notice with the following information:
“Any person who knowingly and with the intention of defrauding presents false information in an insurance application, or presents, helps, or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation by a fine of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), or a fixed term of imprisonment for three (3) years, or both penalties. Should aggravating circumstances [be] present, the penalty thus established may be increased to a maximum of five (5) years, if extenuating circumstances are present, it may be reduced to a minimum of two (2) years.”
Noncompliance with the provisions of this section shall entail an administrative fine pursuant to the provisions of § 2735 of this title. Failure to include this notice on the indicated forms shall not constitute a defense for the insured or the third party claimant to fail to comply with the provisions of this chapter.
History —Ins. Code, added as § 27.320 on Jan. 8, 2004, No. 18, § 5; renumbered as § 27.330 on Jan. 19, 2006, No. 10, § 4; renumbered as § 27.250 and amended on Aug. 9, 2008, No. 230, § 25, eff. 90 days after Aug. 9, 2008.