§242. HEALTH CARE FRAUD.

Health Insurance Portability and Accountability Act of 1996

TITLE II—PREVENTING HEALTH CARE FRAUD AND ABUSE; ADMINISTRATIVE SIMPLIFICATION

(a) Offense.—

(a)(1) In general.—Chapter 63 of title 18, United States Code, is amended by adding at the end the following:

‘‘§1347. Health care fraud

‘‘Whoever knowingly and willfully executes, or attempts to execute, a scheme or artifice—

‘‘(1) to defraud any health care benefit program; or

‘‘(2) to obtain, by means of false or fraudulent pretenses representations, or promises, any of the money or property owned by, or under the custody or control of, any health care benefit program, in connection with the delivery of or payment for health care benefits, items, or services, shall be fined under this title or imprisoned not more than 10 years, or both. If the violation results in serious bodily injury (as defined in section 1365 of this title), such person shall be fined under this title or imprisoned not more than 20 years, or both; and if the violation results in death, such person shall be fined under this title, or imprisoned for any term of years or for life, or both.’’.

(a)(2) Clerical amendment.—The table of sections at the beginning of chapter 63 of title 18, United States Code, is amended by adding at the end the following:

‘‘§1347. Health care fraud.’’.

(b) Criminal Fines Deposited in Federal Hospital Insurance Trust Fund. (42 U.S.C. 1395i) — The Secretary of the Treasury shall deposit into the Federal Hospital Insurance Trust Fund pursuant to section 1817(k)(2)(C) of the Social Security Act (42 U.S.C. 1395i) an amount equal to the criminal fines imposed under section 1347 of title 18, United States Code (relating to health care fraud).