[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3800 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3800

    To increase the penalties for health care fraud, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2024

   Mr. Rubio introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To increase the penalties for health care fraud, and for other 
                               purposes.

    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 ``Punishing Medicare Fraudsters Act''.

SEC. 2. INCREASED PENALTIES FOR HEALTH CARE FRAUD UNDER TITLE 18.

    (a) In General.--Section 1347 of title 18, United States Code, is 
amended, in the flush matter preceding subsection (b)--
            (1) by striking ``10 years'' and inserting ``25 years''; 
        and
            (2) by striking ``20 years'' and inserting ``30 years''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to acts occurring on or after the date of enactment 
of this Act.

SEC. 3. INCREASED CRIMINAL PENALTIES FOR ACTS INVOLVING FEDERAL HEALTH 
              CARE PROGRAMS.

    (a) In General.--Section 1128B of the Social Security Act (42 
U.S.C. 1320a-7b) is amended--
            (1) by striking ``$100,000'' each place it appears and 
        inserting ``$250,000'';
            (2) by striking ``10 years'' each place it appears and 
        inserting ``25 years'';
            (3) in subsection (a), in the flush matter following 
        paragraph (6), by striking ``$20,000'' and inserting 
        ``$100,000''; and
            (4) in subsection (e)--
                    (A) by striking ``$4,000'' and inserting 
                ``$100,000''; and
                    (B) by striking ``six months'' and inserting ``1 
                year''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to acts occurring and statements or representations 
made on or after the date of enactment of this Act.

SEC. 4. UNITED STATES SENTENCING GUIDELINES.

    (a) Covered Offense Defined.--In this section, the term ``covered 
offense'' means--
            (1) an offense under section 1347 of title 18, United 
        States Code; and
            (2) an offense under section 1128B of the Social Security 
        Act (42 U.S.C. 1320a-7b).
    (b) Review.--Pursuant to its authority under section 994(p) of 
title 28, United States Code, the United States Sentencing Commission 
shall review and, if appropriate, amend its guidelines and its policy 
statements applicable to persons convicted of a covered offense.
    (c) Requirements.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) ensure that the sentencing guidelines and policy 
        statements reflect the seriousness of covered offenses, the 
        growing incidence of covered offenses, and the need for an 
        effective deterrent and appropriate punishment to prevent 
        covered offenses;
            (2) consider relevant factors and the extent to which the 
        guidelines may or may not account for those factors, 
        including--
                    (A) the potential and actual loss resulting from 
                the covered offense, including the qualitative impact 
                of the loss on each victim of the covered offense;
                    (B) the level of sophistication and planning 
                involved in the covered offense;
                    (C) whether the covered offense was committed for 
                purposes of commercial advantage or private financial 
                benefit;
                    (D) whether, in committing the covered offense, the 
                defendant acted with intent to cause harm, including 
                physical, psychological, and emotional harm;
                    (E) the extent to which the covered offense 
                resulted in the unauthorized disclosure of personal 
                health information or violated the privacy rights of 
                individuals harmed;
                    (F) whether the violation was intended to or had 
                the effect of creating a threat to public health or 
                safety or injury to any person; and
                    (G) the role of the defendant in the covered 
                offense and the duration of the covered offense;
            (3) assure reasonable consistency with other relevant 
        directives and with other sentencing guidelines;
            (4) account for any additional aggravating or mitigating 
        circumstances that might justify exceptions to the generally 
        applicable sentencing ranges;
            (5) make any necessary conforming changes to the sentencing 
        guidelines; and
            (6) assure that the guidelines adequately meet the purposes 
        of sentencing as set forth in section 3553(a)(2) of title 18, 
        United States Code.
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