II
111th CONGRESS
1st Session
S. 1843
IN THE SENATE OF THE UNITED STATES
October 22, 2009
Mr. Specter (for himself and Mr. Graham) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To provide increased penalties for health care fraud.
Short title
This Act may be cited as the
Strengthening Enforcement for Health
Care Fraud Crimes Act of 2009
.
Health care fraud
Section 1347 of title 18, United States Code, is amended—
by striking Whoever
and
inserting the following:
In general
It shall be unlawful for any person, in connection with the delivery of or payment for health care benefits, items, or services, to
;
by striking executes, or
attempts
and inserting execute, or attempt
;
in subsection (a)(2), as so designated, by
striking program,
and inserting program.
;
and
in the matter following subsection (a)(2),
as so designated, by striking in connection with the delivery
and all that follows and inserting the following:
Penalties
In general
Subject to paragraph (2), whoever violates subsection (a)—
shall be fined under this title, imprisoned for not more than 10 years, or both;
if the violation results in serious bodily injury (as defined in section 1365 of this title), shall be fined under this title, imprisoned for not more than 20 years, or both; and
if the violation results in death, shall be fined under this title, imprisoned for any term of years or for life, or both.
Mandatory minimum sentencing
In imposing a sentence under paragraph (1), if the violation of subsection (a) involves a loss of not less than $100,000, the defendant shall be imprisoned for not less than 6 months.
.