H.R. 5044

H.R. 5044: Medicare Fraud Enforcement and Prevention Act of 2010


Sponsor: Klein (D - FL)


Official Title: A bill to provide for enhanced penalties to combat Medicare and Medicaid fraud, a Medicare data-mining system and biometric technology pilot program, and a GAO study on Medicare administrative contracors.

Status:

4/15/2010: Introduced in House

4/15/2010: Referred to House Energy and Commerce Committee

4/15/2010: Referred to House Ways and Means Committee


Commentary:

This bill includes provisions that would double the criminal penalties for specified knowing and willful wrongful acts in connection with federal health care programs and that would create a new offense for those who knowingly, intentionally, and with the intent to defraud “traffic” in Medicare or Medicaid beneficiary identification numbers or billing privileges. One subpart of 42 U.S.C.§ 1320a-7b(a) prohibits the making of false statements or representations in connection with applications for benefits or payments under a federal health care program. The penalty for making such false statements or representations by someone not “in connection with the furnishing (by that person) of items or services for which payment is or may be made” will be doubled, with imprisonment for up to one year or a fine of $10,000 increasing to imprisonment for up to two years or a fine of $20,000. The penalty for the violation of the other portion of § 1320a-7b(a) (making false statements or representations by someone in connection with that person’s furnishing of items or services for which payment is or may be made) and for the violation of §§ 1320a-7b(b) (receiving kickbacks, bribes, or rebates), 1320a-7b(c) (making false representations with respect to the condition or operation of institutions), and 1320a-7b(d) (illegal patient and admittance practices) would be doubled as well, increasing from imprisonment for up to 5 years, a fine of $25,000 or both to imprisonment for up to 10 years, a fine of $50,000, or both. In addition, the bill would create a new offense for selling or distributing two or more Medicare or Medicaid beneficiary identification numbers or billing privileges knowingly, intentionally, and with the intent to defraud. The violation of this provision would be punishable by imprisonment for up to 3 years, a fine as authorized by Title 18, U.S. Code, or both.