[Congressional Record Volume 144, Number 133 (Tuesday, September 29, 1998)]
[Extensions of Remarks]
[Pages E1847-E1848]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   THE SENIOR CITIZENS PROTECTION ACT

                                 ______
                                 

                            HON. RICK LAZIO

                              of new york

                    in the house of representatives

                      Tuesday, September 29, 1998

  Mr. LAZIO of New York. Mr. Speaker, I rise today to introduce a 
modified version of H.R. 4155, the Senior Citizen Protection Act. H.R. 
4155 would expand the authority of state Medicaid Fraud Control Units 
(MFCUs) to investigate fraud and abuse beyond the Medicaid Program. 
H.R. 4155 would allow the states and their MFCUs to protect senior 
citizens by investigating all forms of health care fraud and empowering 
them to assist state and local authorities in investigations of abuse 
and neglect against residents in assisted living and other board and 
care facilities. This legislation would help Federal, state, and local 
officials crack down on rampant health care fraud and let each and 
every one of us feel secure that our loved ones are safe in their 
retirement years.
  Legislation is necessary because current law prohibits Medicaid Fraud 
Control Units (MFCU) from pursuing Medicare fraud when it is uncovered 
through a Medicaid investigation. Many times, a MFCU referral to 
federal authorities does not result in investigation or prosecution. 
Also, MFCUs are prohibited from utilizing their resources and expertise 
to assist state and local authorities who are responsible for ensuring 
that patients receive quality care in assisted living residences and 
other residential care facilities.
  After extensive conversations with the various stakeholders which 
could be affected by this legislation, I have made two modifications to 
H.R. 4155.
  Today's bill modifies Section (2)(a) of H.R. 4155 by clarifying the 
authority between Federal officials and the MFCUs when the MFCUs decide 
to pursue an allegation of non-Medicaid fraud. Clearly, states should 
be empowered to pursue Medicare and other Federal health program fraud 
uncovered during a Medicaid investigation. However, this new provision 
would ensure that the inspector general of a federal agency which is 
responsible for eliminating Federal health care fraud retains the 
absolute discretion to take over the investigation and prosecution of 
the case. My expectation is that the HHS Inspector General and the U.S. 
Department of Justice will develop the appropriate protocols with the 
state Medicaid Fraud Control Units and the state Attorneys General to 
implement this legislation.
  Today's bill also modifies Section (2)(c) of H.R. 4155 by clarifying 
the authority of MFCUs to investigate abuse in assisted living and 
other residential care facilities. Today's bill states that MFCUs may 
only investigate at the request of state and local agencies who have 
the current responsibility for ensuring quality care in such facilities 
under state law. The MFCUs have resources and expertise that clearly 
would benefit state agencies in the fight against abuse in senior's 
facilities. The cooperation and expertise of the MFCUs will

[[Page E1848]]

strengthen the investigative skills of state and local authorities.
  These minor changes have strengthened an already excellent piece of 
legislation that will cut fraud and abuse in our Medicare system, 
restore balance in our health care system, and give us all a better 
quality of life.
  Our government should be given all the tools necessary to combat 
fraud in our health care system and give Americans the peace of mind 
that their moms and dads are well cared for in their retirement years. 
We need to ferret out providers who rip off the system, and Americans 
need to rest comfortably at night knowing our family members and 
friends receive the highest quality health care without the fear of 
being physically, mentally, or financially abused. I urge my colleagues 
to support the Senior Citizens Protection Act of 1998 because it will 
provide health care security to our seniors and restore their trust in 
the people who care for them from morning until night.

                          ____________________