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(a) As used in this section and § 5-37-506:
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(1)
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(A) “Procurer” means a person or entity that for pecuniary benefit procures or attempts to procure a client, patient, or customer by directly contacting the client, patient, or customer in person, by telephone, or by electronic means at the direction of, request of, employment of, or in cooperation with a provider.
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(B) “Procurer” does not include a provider or a person that procures or attempts to procure a client, patient, or customer for a provider through public media or a person that refers a client, patient, or customer to a provider as otherwise authorized by law;
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(2) “Provider” means:
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(A) An attorney;
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(B) A healthcare provider; or
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(C) An employee of a provider; and
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(3) “Public media” means telephone directories, professional directories, newspapers and other periodicals, radio and television, billboards, and mailed or electronically transmitted written or visual communications that do not involve in-person or direct contact with a specific prospective client, patient, or customer.
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(b) A person commits the offense of insurance fraud by use of a procurer if:
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(1) He or she is a procurer or provider; and
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(2) For the purpose of defrauding an insured person or an insurance carrier, he or she knowingly:
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(A) Falsely represents the services to be provided to an actual or prospective client, patient, or customer;
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(B) Makes a misrepresentation, including without limitation affiliation with an insurance company, a law enforcement agency, or a governing board of a healthcare provider while procuring or attempting to procure a client, patient, or customer; or
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(C) Uses, solicits, directs, hires, or employs another person to act as a procurer to falsely represent the services to be provided to an actual or prospective client, patient, or customer.
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(c) Insurance fraud by use of a procurer or provider is a Class D felony.
