{"data":{"id":"us-ok/okla.-stat.-tit.-85a-85a-6","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 85A, § 85A-6","heading":"Fraud","body":"A. 1. a. Any person or entity who makes any material false\n\nstatement or representation, who willfully and knowingly omits or\n\nconceals any material information, or who employs any device,\n\nscheme, or artifice, or who aids and abets any person for the\n\npurpose of:\n\n(1) obtaining any benefit or payment,\n\n(2) increasing any claim for benefit or payment, or\n\n(3) obtaining workers' compensation coverage under\n\nthe Administrative Workers' Compensation Act,\n\nshall be guilty of a Class D1 felony offense\n\npunishable pursuant to Section 1663 of Title 21 of the\n\nOklahoma Statutes.\n\nb. A material false statement or representation includes,\n\nbut is not limited to, attempting to obtain treatment\n\nor compensation for body parts that were not injured\n\nin the course and scope of employment.\n\nc. Fifty percent (50%) of any criminal fine imposed and\n\ncollected under this section shall be paid and\n\nallocated in accordance with applicable law to the\n\nWorkers' Compensation Commission Revolving Fund.\n\n2. Any person or entity with whom any person identified in\n\ndivision (1) of subparagraph a of paragraph 1 of this subsection has\n\nconspired to achieve the proscribed ends shall, by reason of such\n\nconspiracy, be guilty as a principal of a felony.\n\nB. Except for forms submitted through the Electronic Data\n\nInterchange system employed by the Workers' Compensation Commission\n\npursuant to Section 101 of this title, a copy of division (1) of\n\nsubparagraph a of paragraph 1 of subsection A of this section shall\n\nbe included on all forms prescribed by the Commission for the use of\n\ninjured employees claiming benefits and for the use of employers in\n\nresponding to employees' claims under this act.\n\nC. While receiving temporary total disability benefits, failing\n\nto report any earned income to an employer, insurance carrier or\n\nthird-party administrator shall be a Class D1 felony offense\n\npunishable pursuant to Section 1663 of Title 21 of the Oklahoma\n\nStatutes.\n\nD. If the Workers' Compensation Commission or the Attorney\n\nGeneral finds that a violation of division (1) of subparagraph a of\n\nparagraph 1 of subsection A of this section has been committed, or\n\nthat any other criminal violations in furtherance of this act were\n\ncommitted, the chair of the Commission or the Attorney General shall\n\nrefer the matter for appropriate action to the prosecuting attorney\n\nhaving criminal jurisdiction over the matter.\n\nE. 1. a. There shall be established within the Office of the\n\nAttorney General a Workers' Compensation Fraud\n\nInvestigation Unit, funded by the Commission. The\n\nAttorney General shall appoint a Director of the\n\nWorkers' Compensation Fraud Investigation Unit, who\n\nmay also serve as the director of any other designated\n\ninsurance fraud investigation division within the\n\nAttorney General's office.\n\nb. (1) The Unit shall investigate workers' compensation\n\nfraud, any additional criminal violations that\n\nmay be related to workers' compensation fraud,\n\nand any other insurance fraud matters as may be\n\nassigned at the discretion of the Attorney\n\nGeneral.\nUnit, who\n\nmay also serve as the director of any other designated\n\ninsurance fraud investigation division within the\n\nAttorney General's office.\n\nb. (1) The Unit shall investigate workers' compensation\n\nfraud, any additional criminal violations that\n\nmay be related to workers' compensation fraud,\n\nand any other insurance fraud matters as may be\n\nassigned at the discretion of the Attorney\n\nGeneral.\n\n(2) The Attorney General shall designate the\n\npersonnel assigned to the Unit, who, on meeting\n\nthe qualifications established by the Oklahoma\n\nCouncil on Law Enforcement Education and\n\nTraining, shall have the powers of specialized\n\nlaw enforcement officers of the State of Oklahoma\n\nfor the purpose of conducting investigations\n\nunder this subparagraph. Personnel hired as\n\nspecialized law enforcement officers shall be\n\ncertified as a peace officer by the Oklahoma\n\nCouncil on Law Enforcement Education and\n\nTraining.\n\n2. The Attorney General and his or her deputies and assistants\n\nand the Director of the Workers' Compensation Fraud Investigation\n\nUnit and his or her deputies and assistants shall be vested with the\n\npower of enforcing the requirements of this section.\n\n3. It shall be the duty of the Unit to assist the Attorney\n\nGeneral in the performance of his or her duties. The Unit shall\n\ndetermine the identity of employees in this state who have violated\n\ndivision (1) of subparagraph a of paragraph 1 of subsection A of\n\nthis section and report the violation to the Office of the Attorney\n\nGeneral and the Commission. The Attorney General shall report the\n\nviolation to the prosecuting attorney having jurisdiction over the\n\nmatter.\n\n4. a. In the course of any investigation being conducted by\n\nthe Unit, the Attorney General and his or her deputies\n\nand assistants and the Director and his or her\n\ndeputies and assistants shall have the power of\n\nsubpoena and may:\n\n(1) subpoena witnesses,\n\n(2) administer oaths or affirmations and examine any\n\nindividual under oath, and\n\n(3) require and compel the production of records,\n\nbooks, papers, contracts, and other documents.\n\nb. The issuance of subpoenas for witnesses shall be\n\nserved in the same manner as if issued by a district\n\ncourt.\n\nc. (1) Upon application by the commissioner or the\n\nDirector of the Unit, the district court located\n\nin the county where a subpoena was served may\n\nissue an order compelling an individual to comply\n\nwith the subpoena to testify.\n\n(2) Any failure to obey the order of the court may be\n\npunished as contempt.\n\nd. If any person has refused in connection with an\n\ninvestigation by the Director to be examined under\n\noath concerning his or her affairs, then the Director\n\nis authorized to conduct and enforce by all\n\nappropriate and available means any examination under\n\noath in any state or territory of the United States in\n\nwhich any officer, director, or manager may then\n\npresently be to the full extent permitted by the laws\n\nof the state or territory.\n\ne. In addition to the punishments described in paragraph\n\n1 of subsection A of this section, any person\n\nproviding false testimony under oath or affirmation in\n\nthis state as to any matter material to any\n\ninvestigation or hearing conducted under this\n\nsubparagraph, or any workers' compensation hearing,\n\nshall upon conviction be guilty of perjury.\n\n5. Fees and mileage of the officers serving the subpoenas and\n\nof the witnesses in answer to subpoenas shall be as provided by law.\n\n6. a. Every carrier or employer who has reason to suspect\n\nthat a violation of division (1) of subparagraph a of\n\nparagraph 1 of subsection A of this section has\n\noccurred shall be required to report all pertinent\n\nmatters to the Unit.\n\nb. No carrier or employer who makes a report for a\n\nsuspected violation of division (1) of subparagraph a\n\nof paragraph 1 of subsection A of this section by an\n\nemployee shall be liable to the employee unless the\nsuspect\n\nthat a violation of division (1) of subparagraph a of\n\nparagraph 1 of subsection A of this section has\n\noccurred shall be required to report all pertinent\n\nmatters to the Unit.\n\nb. No carrier or employer who makes a report for a\n\nsuspected violation of division (1) of subparagraph a\n\nof paragraph 1 of subsection A of this section by an\n\nemployee shall be liable to the employee unless the\n\ncarrier or employer knowingly and intentionally\n\nincluded false information in the report.\n\nc. (1) Any carrier or employer who willfully and\n\nknowingly fails to report a violation under\n\ndivision (1) of subparagraph a of paragraph 1 of\n\nsubsection A of this section shall be guilty of a\n\nmisdemeanor and on conviction shall be punished\n\nby a fine not to exceed One Thousand Dollars\n\n($1,000.00).\n\n(2) Fifty percent (50%) of any criminal fine imposed\n\nand collected under this subparagraph shall be\n\npaid and allocated in accordance with applicable\n\nlaw to the fund administered by the Commission.\n\nd. Any employee may report suspected violations of\n\ndivision (1) of subparagraph a of paragraph 1 of\n\nsubsection A of this section. No employee who makes a\n\nreport shall be liable to the employee whose suspected\n\nviolations have been reported.\n\nF. 1. For the purpose of imposing criminal sanctions or a fine\n\nfor violation of the duties of this act, the prosecuting attorney\n\nshall have the right and discretion to proceed against any person or\n\norganization responsible for such violations, both corporate and\n\nindividual liability being intended by this act.\n\n2. The prosecuting attorney of the district to whom a suspected\n\nviolation of subsection A of this section, or any other criminal\n\nviolations that may be related thereto, have been referred shall,\n\nfor the purpose of assisting him or her in such prosecutions, have\n\nthe authority to appoint as special deputy prosecuting attorneys\n\nlicensed attorneys-at-law in the employment of the Unit or any other\n\ndesignated insurance fraud investigation division within the\n\nAttorney General's office. Such special deputy prosecuting\n\nattorneys shall, for the purpose of the prosecutions to which they\n\nare assigned, be responsible to and report to the prosecuting\n\nattorney.\n\nG. Notwithstanding any other provision of law, investigatory\n\nfiles as maintained by the Attorney General's office and by the Unit\n\nshall be deemed confidential and privileged. The files may be made\n\nopen to the public once the investigation is closed by the Director\n\nof the Workers' Compensation Fraud Investigation Unit with the\n\nconsent of the Attorney General.\n\nH. The Attorney General, with the cooperation and assistance of\n\nthe Commission, is authorized to establish rules as may be necessary\n\nto carry out the provisions of this section.\n\nI. Nothing in this section shall be deemed to create a civil\n\ncause of action.\n\nJ. Except for forms submitted through the Electronic Data\n\nInterchange system employed by the Commission pursuant to Section\n\n101 of this title, the Commission shall include a statement on all\n\nforms for notices and instructions to employees, employers, carriers\n\nand third-party administrators that any person who commits workers'\n\ncompensation fraud, upon conviction, shall be guilty of a felony\n\npunishable by imprisonment, a fine or both.\n\nK. If an injured employee is charged with workers' compensation\n\nfraud, any pending workers' compensation proceeding, including\n\nbenefits, shall be stayed after the preliminary hearing is concluded\n\nand the claimant is bound over and shall remain stayed until the\n\nfinal disposition of the criminal case. All notice requirements\n\nshall continue during the stay.\n\nL. If the Attorney General's Office is in compliance with the\n\ndiscovery provisions of Section 258 of Title 22 of the Oklahoma\n\nStatutes, medical records created for the purpose of treatment and\nter the preliminary hearing is concluded\n\nand the claimant is bound over and shall remain stayed until the\n\nfinal disposition of the criminal case. All notice requirements\n\nshall continue during the stay.\n\nL. If the Attorney General's Office is in compliance with the\n\ndiscovery provisions of Section 258 of Title 22 of the Oklahoma\n\nStatutes, medical records created for the purpose of treatment and\n\nmedical opinions obtained during the investigation shall be\n\nadmissible at the preliminary hearing without the appearance of the\n\nmedical professional creating such records or opinions. However,\n\nwhen material evidence dispositive to the issues of whether there\n\nwas probable cause the crime was committed and whether the defendant\n\ncommitted the crime, was not included in a report or opinion\n\nadmitted at preliminary hearing, but might be presented at a\n\npretrial hearing by a medical professional who created such report\n\nor opinion, the judge may, upon the motion of either party, order\n\nthe appearance of the medical professional creating such report or\n\nopinion. Questions of fact regarding the conduct of the defendant\n\nthat conflict with the findings of the medical professional\n\nevaluating the defendant shall not constitute material evidence. In\n\nthe event of such motion, notice shall be given to the Attorney\n\nGeneral's Workers' Compensation Fraud and Investigation and\n\nProsecution Unit. A hearing shall be held and, if the motion is\n\ngranted, the evidence shall not be presented fewer than five (5)\n\ndays later.\n\nM. Any person or entity who, in good faith and exercising due\n\ncare, reports suspected workers' compensation fraud or insurance\n\nfraud, or who allows access to medical records or other information\n\npertaining to suspected workers' compensation or insurance fraud, by\n\npersons authorized to investigate a report concerning the workers'\n\ncompensation and insurance fraud, shall have immunity from any civil\n\nor criminal liability for such report or access. Any such person or\n\nentity shall have the same immunity with respect to participation in\n\nany judicial proceeding resulting from such reports. For purposes\n\nof any civil or criminal proceeding, there shall be a presumption of\n\ngood faith of any person making a report, providing medical records\n\nor providing information pertaining to a workers' compensation or\n\ninsurance fraud investigation by the Attorney General, and\n\nparticipating in a judicial proceeding resulting from a subpoena or\n\na report.","path":["OK Code","Title 85A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os85A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f6d4d7e5cb7cfd59c7c21c0d293765efdf7897d073cd434083114c031d3ab5cf","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-85a-85a-59","next":"us-ok/okla.-stat.-tit.-85a-85a-60"},"notice":"GroundRules: Original legal text. Not legal advice."}