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.

1.

Short title

This Act may be cited as the Strengthening Enforcement for Health Care Fraud Crimes Act of 2009.

2.

Health care fraud

Section 1347 of title 18, United States Code, is amended— (1)by striking Whoever and inserting the following: (a)

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 ; (2)by striking executes, or attempts and inserting execute, or attempt; (3)in subsection (a)(2), as so designated, by striking program, and inserting program.; and (4)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: (b)

Penalties

(1)

In general

Subject to paragraph (2), whoever violates subsection (a)— (A)shall be fined under this title, imprisoned for not more than 10 years, or both; (B)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 (C)if the violation results in death, shall be fined under this title, imprisoned for any term of years or for life, or both. (2)

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. .