I
105TH CONGRESS
2D SESSION
H. R. 4650
To amend title XIX of the Social Security Act to extend the authority
of State Medicaid fraud control units to investigate and prosecute fraud
in connection with Federal health care programs and abuse of residents
of board and care facilities.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 28, 1998
Mr. LAZIO of New York (for himself, Mr. STARK, Mr. HASTERT, Mr. CAMP,
Mrs. KELLY, Mrs. MORELLA, Mr. ROGAN, Mr. EHLERS, Mr. BARRETT
of Wisconsin, Mr. SHAYS, Ms. PRYCE of Ohio, Mr. MCHUGH, and Mr.
VENTO) introduced the following bill; which was referred to the Commit-
tee on Commerce
A BILL
To amend title XIX of the Social Security Act to extend
the authority of State Medicaid fraud control units to
investigate and prosecute fraud in connection with Fed-
eral health care programs and abuse of residents of
board and care facilities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Senior Citizen Protec-
tion Act of 1998’’.
SEC. 2. EXTENSION OF AUTHORITY OF STATE MEDICAID
FRAUD CONTROL UNITS.
(a) EXTENSION OF CONCURRENT AUTHORITY TO IN-
VESTIGATE AND PROSECUTE FRAUD IN OTHER FEDERAL
HEALTH CARE PROGRAMS.—Section 1903(q)(3) of the
Social Security Act (42 U.S.C. 1396b(q)(3)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘in connection
with’’; and
(2) by striking ‘‘title.’’ and inserting ‘‘title; and
(B) upon the approval of the Inspector General of
the relevant Federal agency in a particular case or
investigation, any aspect of the provision of health
care services and activities of providers of such serv-
ices under any Federal health care program (as de-
fined in section 1128B(f)(1)), if (i) the suspected
fraud or violation of law in such case or investiga-
tion is primarily related to the State plan under this
title, and (ii) when such approval is granted, the In-
spector General of the relevant Federal agency re-
tains the continuing authority to join the case or in-
vestigation, or after consultation with the entity, to
replace the entity as the primary agency assigned to
the case or investigation.’’.
(b) RECOUPMENT OF FUNDS.—Section 1903(q)(5) of
such Act (42 U.S.C. 1396b(q)(5)) is amended—
(1) by inserting ‘‘or under any Federal health
care program (as so defined)’’ after ‘‘plan’’; and
(2) by adding at the end the following: ‘‘All
funds collected in accordance with this paragraph
shall be credited exclusively to, and available for ex-
penditure under, the Federal health care program
(including the State plan under this title) that was
subject to the activity that was the basis for the col-
lection.’’.
(c) EXTENSION
OF AUTHORITY TO INVESTIGATE
AND PROSECUTE RESIDENT ABUSE IN NON-MEDICAID
BOARD AND CARE FACILITIES.—Section 1903(q)(4) of
such Act (42 U.S.C. 1396b(q)(4)) is amended to read as
follows:
‘‘(4)(A) The entity has—
‘‘(i) procedures for reviewing complaints of
abuse or neglect of patients in health care fa-
cilities which receive payments under the State
plan under this title;
‘‘(ii) procedures for acting upon such com-
plaints under the criminal laws of the State or
for referring such complaints to other State
agencies for action; and
‘‘(iii) at the option of the entity, proce-
dures for assisting State and local agencies,
upon their request, with investigating com-
plaints of abuse or neglect of patients residing
in board and care facilities.
‘‘(B) For purposes of this paragraph, the term
‘board and care facility’ means a residential setting
which receives payment (regardless of whether such
payment is made under the State plan under this
title) from or on behalf of two or more unrelated
adults who reside in such facility, and for whom one
or both of the following is provided:
‘‘(i) Nursing care services provided by, or
under the supervision of, a registered nurse, li-
censed practical nurse, or licensed nursing as-
sistant.
‘‘(ii) A substantial amount of personal care
services that assist residents with the activities
of daily living, including personal hygiene,
dressing, bathing, eating, toileting, ambulation,
transfer, positioning, self-medication, body care,
travel to medical services, essential shopping,
meal preparation, laundry, and housework.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section take effect on the date of enactment of this
Act.
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