{"data":{"id":"us-ky/krs-304.47-050","jurisdiction":"us-ky","citation":"KRS 304.47-050","heading":"Reports of possible fraudulent insurance acts -- Investigation --","body":"Notification of prosecutor -- Immunity from civil liability.\n(1) Any person, other than those specified in subsection (2) of this section, having\nknowledge or believing that a  fraudulent insurance act or any other act or practice\nwhich, upon conviction, constitutes a felony or misdemeanor under the subtitle is\nbeing or has been committed may send to the division a report of information\npertinent to this knowledge of or belief a nd any additional relevant information the\ncommissioner may request.\n(2) The following persons, having knowledge or believing that a fraudulent insurance\nact or any other act or practice which may constitute a felony or misdemeanor under\nthis subtitle is b eing or has been committed, shall send to the division a report or\ninformation pertinent to the knowledge or belief and additional relevant information\nthat the commissioner or the commissioner's employees or agents may require:\n(a) Any professional practi tioner licensed or regulated by the Commonwealth,\nexcept as provided by law;\n(b) Any private medical review committee;\n(c) Any insurer, agent, or other person licensed under this chapter;\n(d) The following Kentucky boards:\n1. Board of Medical Licensure;\n2. Board of Chiropractic Examiners;\n3. Board of Nursing;\n4. Board of Physical Therapy;\n5. Board of Licensure for Occupational Therapy; and\n6. Board of Licensure for Massage Therapy; and\n(e) Any employee of the persons named in paragraphs (a) to (d) of this\nsubsection.\n(3) The division or its employees or agents shall review this information or these\nreports and select the information or reports that, in the judgment of the division,\nmay require further investigation. The division shall then cause an investigation of\nthe facts surrounding the information or report to be made to determine the extent,\nif any, to which a fraudulent insurance act or any other act or practice which, upon\nconviction, constitutes a felony or misdemeanor under this subtitle is being\ncommitted.\n(4) The following shall provide the division access to all relevant information the\ncommissioner may request:\n(a) The Department of Workers' Claims; and\n(b) The boards named in subsection (2)(d) of this section.\n(5) The division shall report any alleged violations of law which the investigations\ndisclose to the appropriate licensing agency and the Commonwealth's attorney,\nAttorney General, or other prosecuting agency having jurisdi ction with respect to a\nviolation. If prosecution by the Commonwealth's attorney, Attorney General, or\nother prosecuting agency is not begun within sixty (60) days of the report, the\nprosecuting attorney shall inform the division of the reasons for the lac k of\nprosecution. In addition to filing a report with the appropriate prosecuting agency,\nthe commissioner may, through the Attorney General, prosecute violations of this\nsubtitle in the Circuit Court of the county in which the alleged wrongdoer resides or\nhas his or her principal place of business, in the Circuit Court of the county in\nwhich the fraudulent insurance act has been committed, or, with consent of the\nparties, in the Franklin Circuit Court.\n(6) Notwithstanding the provisions of subsections (1) to (5) of this section, any person\nhaving knowledge or believing that a fraudulent insurance act or any other act that\nmay be prohibited under this subtitle is being or has been committed, may notify\nany law enforcement agency of his or her knowledge or be lief and provide\ninformation relevant to the act, as may be requested by that agency, including, but\nnot limited to, insurance policy information including the application for insurance,\npolicy premium payment records, history of previous claims made by th e insured,\nand other information relating to the investigation of the claim, including statements\nof any person, proofs of loss, and notice of loss. Reporting to any other agency does\nnot relieve those listed in subsection (2) of this section of their mand atory duty to\nreport to the division.\n(7) If the information referred to in this section is specifically requested by the division,\nany other law enforcement agency, or a prosecuting attorney, the insurer shall\nprovide certified copies of the requested inf ormation within ten (10) business days\nof the request or as soon thereafter as reasonable.\n(8) In the absence of malice, fraud, or gross negligence, the following shall not be\nsubject to any civil liability for libel, slander, or related cause of action by  virtue of\nfiling reports or for releasing or receiving any information pursuant to this\nsubsection:\n(a) An insurer;\n(b) An agent authorized by an insurer to act on its behalf;\n(c) A law enforcement agency;\n(d) The Department of Workers' Claims;\n(e) The boards named in subsection (2)(d) of this section;\n(f) Employees of the persons named in paragraphs (d) and (e) of this subsection;\nor\n(g) An insured.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49052","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:59Z","sha256":"5ac260101785391ba3af9ca7abe5b912bf40e72d578c6be9580d2877fdb6dbcd","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.47-040","next":"us-ky/krs-304.47-055"},"notice":"GroundRules: Original legal text. Not legal advice."}