Terms Used In New Jersey Statutes 17:33A-3

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
3. As used in this act:

“Attorney General” means the Attorney General of New Jersey or his designated representatives.

“Bureau” means the Bureau of Fraud Deterrence established by section 8 of P.L.1983, c.320 (C. 17:33A-8).

“Commissioner” means the Commissioner of Banking and Insurance.

“Hospital” means any general hospital, mental hospital, convalescent home, nursing home or any other institution, whether operated for profit or not, which maintains or operates facilities for health care.

“Insurance company” means:

a. Any corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd’s insurer, fraternal benefit society or other person engaged in the business of insurance pursuant to Subtitle 3 of Title 17 of the Revised Statutes (R.S.17:17-1 et seq.), or Subtitle 3 of Title 17B of the New Jersey Statutes (N.J.S. 17B:17-1 et seq.);

b. Any medical service corporation operating pursuant to P.L.1940, c.74 (C. 17:48A-1 et seq.);

c. Any hospital service corporation operating pursuant to P.L.1938, c.366 (C. 17:48-1 et seq.);

d. Any health service corporation operating pursuant to P.L.1985, c.236 (C. 17:48E-1 et seq.);

e. Any dental service corporation operating pursuant to P.L.1968, c.305 (C. 17:48C-1 et seq.);

f. Any dental plan organization operating pursuant to P.L.1979, c.478 (C. 17:48D-1 et seq.);

g. Any insurance plan operating pursuant to P.L.1970, c.215 (C. 17:29D-1);

h. The New Jersey Insurance Underwriting Association operating pursuant to P.L.1968, c.129 (C. 17:37A-1 et seq.);

i. (Deleted by amendment, P.L.2010, c.32)

j. Any risk retention group or purchasing group operating pursuant to the “Liability Risk Retention Act of 1986,” 15 U.S.C.s.3901 et seq.; and

k. Any health maintenance organization operating pursuant to P.L.1973, c.337 (C. 26:2J-1 et seq.).

“Pattern” means five or more related violations of P.L.1983, c.320 (C. 17:33A-1 et seq.). Violations are related if they involve either the same victim, or same or similar actions on the part of the person or practitioner charged with violating P.L.1983, c.320 (C. 17:33A-1 et seq.).

“Person” means a person as defined in R.S.1:1-2, and shall include, unless the context otherwise requires, a practitioner.

“Principal residence” means that residence at which a person spends the majority of his time. Principal residence may be an abode separate and distinct from a person’s domicile. Mere seasonal or weekend residence within this State does not constitute principal residence within this State.

“Practitioner” means a licensee of this State authorized to practice medicine and surgery, psychology, chiropractic, or law or any other licensee of this State whose services are compensated, directly or indirectly, by insurance proceeds, or a licensee similarly licensed in other states and nations or the practitioner of any nonmedical treatment rendered in accordance with a recognized religious method of healing.

“Producer” means an insurance producer as defined in section 3 of P.L.2001, c.210 (C. 17:22A-28), licensed to transact the business of insurance in this State pursuant to the provisions of the “New Jersey Insurance Producer Licensing Act of 2001,” P.L.2001, c.210 (C. 17:22A-26 et seq.).

“Statement” includes, but is not limited to, any application, writing, notice, expression, statement, proof of loss, bill of lading, receipt, invoice, account, estimate of property damage, bill for services, diagnosis, prescription, hospital or physician record, X-ray, test result or other evidence of loss, injury or expense.

L.1983, c.320, s.3; amended 1987, c.358, s.3; 1991, c.331, s.1; 1997, c.151, s.2; 2010, c.32, s.2; 2021, c.167, s.1.