II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Punishing Medicare 

5 Fraudsters Act’’. 

6 SEC. 2. INCREASED PENALTIES FOR HEALTH CARE FRAUD 

7 UNDER TITLE 18. 

8 (a) IN GENERAL.—Section 1347 of title 18, United 

9 States Code, is amended, in the flush matter preceding 

10 subsection (b)— 


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1 (1) by striking ‘‘10 years’’ and inserting ‘‘25 

2 years’’; and 

3 (2) by striking ‘‘20 years’’ and inserting ‘‘30 

4 years’’. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 subsection (a) shall apply with respect to acts occurring 

7 on or after the date of enactment of this Act. 

8 SEC. 3. INCREASED CRIMINAL PENALTIES FOR ACTS IN9 VOLVING FEDERAL HEALTH CARE PRO10 GRAMS. 

11 (a) IN GENERAL.—Section 1128B of the Social Secu12 rity Act (42 U.S.C. 1320a–7b) is amended— 

13 (1) by striking ‘‘$100,000’’ each place it ap14 pears and inserting ‘‘$250,000’’; 

15 (2) by striking ‘‘10 years’’ each place it appears 

16 and inserting ‘‘25 years’’; 

17 (3) in subsection (a), in the flush matter fol18 lowing paragraph (6), by striking ‘‘$20,000’’ and in19 serting ‘‘$100,000’’; and 

20 (4) in subsection (e)— 

21 (A) by striking ‘‘$4,000’’ and inserting 

22 ‘‘$100,000’’; and 

23 (B) by striking ‘‘six months’’ and inserting 

24 ‘‘1 year’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall apply with respect to acts occurring 

3 and statements or representations made on or after the 

4 date of enactment of this Act. 

5 SEC. 4. UNITED STATES SENTENCING GUIDELINES. 

6 (a) COVERED OFFENSE DEFINED.—In this section, 

7 the term ‘‘covered offense’’ means— 

8 (1) an offense under section 1347 of title 18, 

9 United States Code; and 

10 (2) an offense under section 1128B of the So11 cial Security Act (42 U.S.C. 1320a–7b). 

12 (b) REVIEW.—Pursuant to its authority under sec13 tion 994(p) of title 28, United States Code, the United 

14 States Sentencing Commission shall review and, if appro15 priate, amend its guidelines and its policy statements ap16 plicable to persons convicted of a covered offense. 

17 (c) REQUIREMENTS.—In carrying out this section, 

18 the United States Sentencing Commission shall— 

19 (1) ensure that the sentencing guidelines and 

20 policy statements reflect the seriousness of covered 

21 offenses, the growing incidence of covered offenses, 

22 and the need for an effective deterrent and appro23 priate punishment to prevent covered offenses; 


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1 (2) consider relevant factors and the extent to 

2 which the guidelines may or may not account for 

3 those factors, including— 

4 (A) the potential and actual loss resulting 

5 from the covered offense, including the quali6 tative impact of the loss on each victim of the 

7 covered offense; 

8 (B) the level of sophistication and planning 

9 involved in the covered offense; 

10 (C) whether the covered offense was com11 mitted for purposes of commercial advantage or 

12 private financial benefit; 

13 (D) whether, in committing the covered of14 fense, the defendant acted with intent to cause 

15 harm, including physical, psychological, and 

16 emotional harm; 

17 (E) the extent to which the covered offense 

18 resulted in the unauthorized disclosure of per19 sonal health information or violated the privacy 

20 rights of individuals harmed; 

21 (F) whether the violation was intended to 

22 or had the effect of creating a threat to public 

23 health or safety or injury to any person; and 


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1 (G) the role of the defendant in the cov2 ered offense and the duration of the covered of3 fense; 

4 (3) assure reasonable consistency with other 

5 relevant directives and with other sentencing guide6 lines; 

7 (4) account for any additional aggravating or 

8 mitigating circumstances that might justify excep9 tions to the generally applicable sentencing ranges; 

10 (5) make any necessary conforming changes to 

11 the sentencing guidelines; and 

12 (6) assure that the guidelines adequately meet 

13 the purposes of sentencing as set forth in section 

14 3553(a)(2) of title 18, United States Code. 

Æ 


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