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7a(f)(3)) is amended by striking ‘‘as miscellaneous re-
ceipts of the Treasury of the United States’’ and inserting
‘‘in the Anti-Fraud and Abuse Trust Fund established
under section 2313(a) of the Affordable Health Care Now
Act of 1993’’.
(e) USE OF FEDERAL HEALTH ANTI-FRAUD AND
ABUSE PENALTIES TO REPAY BENEFICIARIES FOR COST-
SHARING.—Section 1128A(f) of the Social Security Act
(42 U.S.C. 1320a–7a(f)) is amended in the matter preced-
ing paragraph (1) by striking ‘‘Secretary and disposed of
as follows:’’ and inserting the following: ‘‘Secretary. If the
person against whom such a penalty or assessment was
assessed collected a payment from an individual for pro-
viding to the individual the service that is the subject of
the penalty or assessment, the Secretary shall pay a por-
tion of the amount recovered to the individual in the na-
ture of restitution in an amount equal to the payment so
collected. The Secretary shall dispose of any remaining
amounts recovered under this section as follows:’’.
SEC. 2314. APPLICATION OF FEDERAL HEALTH ANTI-FRAUD
AND ABUSE SANCTIONS TO ALL FRAUD AND
ABUSE AGAINST ANY HEALTH BENEFIT PLAN.
(a) CIVIL MONETARY PENALTIES.—Section 1128A
of the Social Security Act (42 U.S.C. 1320a–7a) is amend-
ed as follows:
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(1) In subsection (a)(1), in the matter before
subparagraph (A), by inserting ‘‘or of any health
benefit plan,’’ after ‘‘subsection (i)(1)),’’.
(2) In subsection (b)(1)(A), by inserting ‘‘or
under a health benefit plan’’ after ‘‘title XIX’’.
(3) In subsection (f)—
(A) by redesignating paragraph (3) as
paragraph (4); and
(B) by inserting after paragraph (2) the
following new paragraph:
‘‘(3) With respect to amounts recovered arising
out of a claim under a health benefit plan, the por-
tion of such amounts as is determined to have been
paid by the plan shall be repaid to the plan.’’.
(4) In subsection (i)—
(A) in paragraph (2), by inserting ‘‘or
under a health benefit plan’’ before the period
at the end, and
(B) in paragraph (5), by inserting ‘‘or
under a health benefit plan’’ after ‘‘or XX’’.
(b) CRIMES.—
(1) SOCIAL SECURITY ACT.—Section 1128B of
such Act (42 U.S.C. 1320a–7b) is amended as fol-
lows:
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(A) In the heading, by adding at the end
the following: ‘‘OR HEALTH BENEFIT PLANS’’.
(B) In subsection (a)(1)—
(i) by striking ‘‘title XVIII or’’ and
inserting ‘‘title XVIII,’’, and
(ii) by adding at the end the follow-
ing: ‘‘or a health benefit plan (as defined
in section 1128(i)),’’.
(C) In subsection (a)(5), by striking ‘‘title
XVIII or a State health care program’’ and in-
serting ‘‘title XVIII, a State health care pro-
gram, or a health benefit plan’’.
(D) In the second sentence of subsection
(a)—
(i) by inserting after ‘‘title XIX’’ the
following: ‘‘or a health benefit plan’’, and
(ii) by inserting after ‘‘the State’’ the
following: ‘‘or the plan’’.
(E) In subsection (b)(1), by striking ‘‘title
XVIII or a State health care program’’ each
place it appears and inserting ‘‘title XVIII, a
State health care program, or a health benefit
plan’’.
(F) In subsection (b)(2), by striking ‘‘title
XVIII or a State health care program’’ each
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place it appears and inserting ‘‘title XVIII, a
State health care program, or a health benefit
plan’’.
(G) In subsection (b)(3), by striking ‘‘title
XVIII or a State health care program’’ each
place it appears in subparagraphs (A) and (C)
and inserting ‘‘title XVIII, a State health care
program, or a health benefit plan’’.
(H) In subsection (d)(2)—
(i) by striking ‘‘title XIX,’’ and insert-
ing ‘‘title XIX or under a health benefit
plan,’’, and
(ii) by striking ‘‘State plan,’’ and in-
serting ‘‘State plan or the health benefit
plan,’’.
(2) TREBLE
DAMAGES
FOR
CRIMINAL
SANC-
TIONS.—Section 1128B of such Act (42 U.S.C.
1320a–7b) is amended by adding at the end the fol-
lowing new subsection:
‘‘(f) In addition to the fines that may be imposed
under subsection (a), (b), or (c), any individual found to
have violated the provisions of any of such subsections
may be subject to treble damages.’’.
(3) IDENTIFICATION OF COMMUNITY SERVICE
OPPORTUNITIES.—Section 1128B of such Act (42
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U.S.C. 1320a–7b) is further amended by adding at
the end the following new subsection:
‘‘(g) The Secretary shall—
‘‘(1) in consultation with State and local health
care officials, identify opportunities for the satisfac-
tion of community service obligations that a court
may impose upon the conviction of an offense under
this section, and
‘‘(2) make information concerning such oppor-
tunities available to Federal and State law enforce-
ment officers and State and local health care offi-
cials.’’.
(c) HEALTH BENEFIT PLAN DEFINED.—Section
1128 of such Act (42 U.S.C. 1320a–7) is amended by re-
designating subsection (i) as subsection (j) and by insert-
ing after subsection (h) the following new subsection:
‘‘(i) HEALTH BENEFIT PLAN DEFINED.—For pur-
poses of sections 1128A and 1128B, the term ‘health ben-
efit plan’ means a health benefit program other than the
medicare program, the medicaid program, or a State
health care program.’’.
(d) 
CONFORMING
AMENDMENT.—Section
1128(b)(8)(B)(ii) of such Act (42 U.S.C. 1320a–
7(b)(8)(B)(ii)) is amended by striking ‘‘1128A’’ and in-