(1) As used in this section: (a) "Corporation" means the same as that term is defined in Section 76-2-201. (b) "Intentionally" means the same as that term is defined in Section 76-2-103. (c) "Knowingly" means the same as that term is defined in Section 76-2-103. (d) "Person" means the same as that term is defined in Section 76-1-101.5. (e) "Recklessly" means the same as that term is defined in Section 76-2-103. (f) "Thing of value" means one or more of the following obtained under this chapter or Chapter 3, Utah Occupational Disease Act: (i) workers' compensation insurance coverage; (ii) disability compensation; (iii) a medical benefit; (iv) a good; (v) a professional service; (vi) a fee for a professional service; or (vii) anything of value. (2) (a) A person is guilty of workers' compensation insurance fraud if that person intentionally, knowingly, or recklessly: (i) devises a scheme or artifice to do the following by means of a false or fraudulent pretense, representation, promise, or material omission: (A) obtain a thing of value under this chapter or Chapter 3, Utah Occupational Disease Act; (B) avoid paying the premium that an insurer charges, for an employee on the basis of the underwriting criteria applicable to that employee, to obtain a thing of value under this chapter or Chapter 3, Utah Occupational Disease Act; or (C) deprive an employee of a thing of value under this chapter or Chapter 3, Utah Occupational Disease Act; and (ii) communicates or causes a communication with another in furtherance of the scheme or artifice. (b) A violation of this Subsection (2) includes a scheme or artifice to: (i) make or cause to be made a false written or oral statement with the intent to obtain insurance coverage as mandated by this chapter or Chapter 3, Utah Occupational Disease Act, at a rate that does not reflect the risk, industry, employer, or class code actually covered by the insurance coverage; (ii) form a business, reorganize a business, or change ownership in a business with the intent to: (A) obtain insurance coverage as mandated by this chapter or Chapter 3, Utah Occupational Disease Act, at a rate that does not reflect the risk, industry, employer, or class code actually covered by the insurance coverage; (B) misclassify an employee as described in Subsection (2)(b)(iii); or (C) deprive an employee of workers' compensation coverage as required by Subsection 34A-2-103(8); (iii) misclassify an employee as one of the following so as to avoid the obligation to obtain insurance coverage as mandated by this chapter or Chapter 3, Utah Occupational Disease Act: (A) an independent contractor; (B) a sole proprietor; (C) an owner; (D) a partner; (E) an officer; or (F) a member in a limited liability company; (iv) use a workers' compensation coverage waiver issued under Part 10, Workers' Compensation Coverage Waivers Act, to deprive an employee of workers' compensation coverage under this chapter or Chapter 3, Utah Occupational Disease Act; or (v) collect or make a claim for temporary disability compensation as provided in Section
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