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.
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 ‘‘Health Care Anti-
Fraud Act of 1993’’.
SEC. 2. EXTENDING CRIMINAL RICO PROVISIONS TO CER-
TAIN HEALTH CARE PROGRAMS.
(a) IN GENERAL.—Section 1961(1) of title 18, Unit-
ed States Code, is amended—
(1) by striking ‘‘or’’ before ‘‘(E)’’, and
(2) by inserting before the period at the end the
following: ‘‘, or (F) any act which is indictable under
section 1128B of the Social Security Act’’.
(b) NO APPLICATION OF CIVIL PROVISIONS.—Sec-
tion 1964 of such title is amended by adding at the end
the following new subsection:
‘‘(d) This section shall not apply with respect to any
racketeering activity that consists solely of acts described
in clause (F) of section 1961(1) of this title.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to acts occurring on or after the
date of the enactment of this Act.
SEC. 3. EXTENDING MEDICARE CRIMINAL PENALTIES FOR
HEALTH CARE FRAUD TO OTHER FEDERAL
HEALTH CARE PROGRAMS.
(a) IN GENERAL.—Section 1128B of the Social Secu-
rity Act (42 U.S.C. 1320a–7b) is amended—
(1) in subsection (a)(1), by inserting before the
comma at the end the following: ‘‘or another Federal
health care program (as defined in subsection (f))’’;
(2) in subsections (a)(5), (b), and (c), by insert-
ing ‘‘or another Federal health care program’’ after
‘‘State health care program’’ each place it appears;
and
(3) by adding at the end the following new sub-
section:
‘‘(f) In this section, the term ‘another Federal health
care program’ means the following:
‘‘(1) The program for the provision of medical
and dental benefits under chapter 55 of title 10,
United States Code.
‘‘(2) The program for the provision of hospital
care and medical services by the Department of Vet-
erans’ Affairs under chapter 17 of title 38, United
States Code.
‘‘(3) The program for the provision of health
care services to Native Americans under the Indian
Health Care Improvement Act and to Native Hawai-
ians under the Native Hawaiian Health Care Im-
provement Act.
‘‘(4) The Federal employees health insurance
program under chapter 89 of title 5, United States
Code.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to acts occurring on or
after such date.
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