I
105TH CONGRESS
2D SESSION
H. R. 4155
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
JUNE 25, 1998
Mr. LAZIO of New York (for himself, Mr. STARK, Mr. HASTERT, Mr. CAMP,
Mrs. KELLY, Mrs. MORELLA, Mr. ROGAN, Mr. EHLERS, and Mr. BAR-
RETT of Wisconsin) introduced the following bill; which was referred to
the Committee 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, any aspect of the provi-
sion of health care services and activities of provid-
ers of such services under any Federal health care
program (as defined in section 1128B(f)(1)), if the
suspected fraud or violation of law is primarily relat-
ed to the State plan under this title.’’.
(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: ‘‘Funds
collected in accordance with this paragraph shall be
credited to, and available for expenditure 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 collection.’’.
(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) at the option of the entity, procedures
for reviewing complaints of abuse or neglect of
patients residing in board and care facilities;
and
‘‘(iii) 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.
‘‘(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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