I

103D CONGRESS

1ST SESSION H. R. 3653

To amend title XI of the Social Security Act and title 18, United States

Code, to extend criminal RICO provisions to health care fraud and

to extend certain other criminal provisions to health care fraud under

the CHAMPUS program, the Indian health care program, health care

programs for veterans and the Department of Defense, and the Federal

employees health care program.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 22, 1993

Mr. KOLBE (for himself, Mr. PORTER, Mr. SCHIFF, Mr. DORNAN, and Mr.

HERGER) introduced the following bill; which was referred jointly to the

Committees on Ways and Means and the Judiciary

A BILL

To amend title XI of the Social Security Act and title 18,

United States Code, to extend criminal RICO provisions

to health care fraud and to extend certain other criminal

provisions to health care fraud under the CHAMPUS

program, the Indian health care program, health care

programs for veterans and the Department of Defense,

and the Federal employees health care program.

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

2 This Act may be cited as the ‘‘Health Care Anti3 Fraud Act of 1993’’.

4 SEC. 2. EXTENDING CRIMINAL RICO PROVISIONS TO CER5 TAIN HEALTH CARE PROGRAMS.

6 (a) IN GENERAL.—Section 1961(1) of title 18, Unit7 ed States Code, is amended—

8 (1) by striking ‘‘or’’ before ‘‘(E)’’, and

9 (2) by inserting before the period at the end the

10 following: ‘‘, or (F) any act which is indictable under

11 section 1128B of the Social Security Act’’.

12 (b) NO APPLICATION OF CIVIL PROVISIONS.—Sec13 tion 1964 of such title is amended by adding at the end

14 the following new subsection:

15 ‘‘(d) This section shall not apply with respect to any

16 racketeering activity that consists solely of acts described

17 in clause (F) of section 1961(1) of this title.’’.

18 (c) EFFECTIVE DATE.—The amendments made by

19 this section shall apply to acts occurring on or after the

20 date of the enactment of this Act.

21 SEC. 3. EXTENDING MEDICARE CRIMINAL PENALTIES FOR

22 HEALTH CARE FRAUD TO OTHER FEDERAL

23 HEALTH CARE PROGRAMS.

24 (a) IN GENERAL.—Section 1128B of the Social Secu25 rity Act (42 U.S.C. 1320a–7b) is amended—
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1 (1) in subsection (a)(1), by inserting before the

2 comma at the end the following: ‘‘or another Federal

3 health care program (as defined in subsection (f))’’;

4 (2) in subsections (a)(5), (b), and (c), by insert5 ing ‘‘or another Federal health care program’’ after

6 ‘‘State health care program’’ each place it appears;

7 and

8 (3) by adding at the end the following new sub9 section:

10 ‘‘(f) In this section, the term ‘another Federal health

11 care program’ means the following:

12 ‘‘(1) The program for the provision of medical

13 and dental benefits under chapter 55 of title 10,

14 United States Code.

15 ‘‘(2) The program for the provision of hospital

16 care and medical services by the Department of Vet17 erans’ Affairs under chapter 17 of title 38, United

18 States Code.

19 ‘‘(3) The program for the provision of health

20 care services to Native Americans under the Indian

21 Health Care Improvement Act and to Native Hawai22 ians under the Native Hawaiian Health Care Im23 provement Act.
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1 ‘‘(4) The Federal employees health insurance

2 program under chapter 89 of title 5, United States

3 Code.’’.

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

5 subsection (a) shall take effect on the date of the enact6 ment of this Act and shall apply to acts occurring on or

7 after such date.

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