[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4406 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4406

To amend title XVIII of the Social Security Act to establish a criminal 
penalty for defrauding individuals in connection with enrollment under 
   a prescription drug plan or under the Medicare Advantage Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2005

   Mr. Kennedy of Minnesota introduced the following bill; which was 
  referred to the Committee on Ways and Means, and in addition to the 
  Committees on Energy and Commerce and Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To amend title XVIII of the Social Security Act to establish a criminal 
penalty for defrauding individuals in connection with enrollment under 
   a prescription drug plan or under the Medicare Advantage Program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Plan Enrollment Fraud 
Protection Act of 2005''.

SEC. 2. CRIMINAL PENALTY FOR FRAUD IN CONNECTION WITH ENROLLMENT UNDER 
              AN MA PLAN OR PRESCRIPTION DRUG PLAN.

    (a) In General.--Section 1857 of the Social Security Act (42 U.S.C. 
1395w-27) is amended by adding at the end the following new subsection:
    ``(j) Criminal Penalty for Fraud in Connection With Enrollment 
Under an MA Plan or Prescription Drug Plan.--Whoever knowingly and 
willfully--
            ``(1) defrauds an individual in connection with the 
        enrollment (or nonenrollment) of the individual with a Medicare 
        Advantage plan under this part or a prescription drug plan 
        under part D; or
            ``(2) fraudulently or falsely represents an entity to be 
        such a plan for purposes of inducing enrollment in such entity;
shall be fined under title 18, United States Code, or imprisoned not 
less than 3 years and not more than 10 years, or both.''.
    (b) Conforming Reference in Part D.--Section 1860D-12(b) of such 
Act (42 U.S.C. 1395w-112(b)) is amended by adding at the end the 
following new paragraph:
            ``(4) Reference to penalty for fraud in connection with 
        enrollment under a prescription drug plan.--For provision 
        imposing a criminal penalty for defrauding an individual in 
        connection with the enrollment of such individual under a 
        prescription drug plan, see section 1857(j).''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to fraudulent acts and to fraudulent or false representations 
made on or after the date of the enactment of this Act.
                                 <all>