I 112th CONGRESS 2d Session H. R. 6103 IN THE HOUSE OF REPRESENTATIVES July 11, 2012 Ms. Hochul introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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 XI of the Social Security Act to increase fines and penalties for Medicare fraud to augment Medicare fraud enforcement activities, such as the Health Care Fraud and Enforcement Action Team (HEAT) program.

1.

Short title

This Act may be cited as the Stop Medicare Fraud Act of 2012.

2.

Increase in civil and criminal penalty levels for Medicare fraud

(a)

In general

Title XI of the Social Security Act is amended by inserting after section 1128J the following new section:

1128K.

Increase in civil and criminal penalty levels for Medicare fraud

(a)

In general

In determining the amount of any civil or criminal penalty specified in this part for an offense insofar as it relates to the Medicare program under title XVIII, notwithstanding any other provision of this part, the maximum or other statutory penalty level otherwise specified under this part for such an offense (after application of any inflation or other factor that would otherwise apply) is increased to 10 times such level. (b)

Application of increased funds To combat fraud and abuse, including the HEAT program

Nothing in this section shall affect the purposes for which a penalty referred to in subsection (a) may be used, regardless of the increased level of such penalty, including for the deposit of excess recovered funds into the Health Care Fraud and Abuse Control Account (under section 1817(k)) for use in combating fraud, waste, and abuse under the Medicare program under title XVIII, which includes programs such as the Health Care Fraud and Enforcement Action Team (HEAT) program.

. (b)

Effective date

The amendment made by subsection (a) shall apply to actions occurring after the date of the enactment of this Act.