,,ii  #aaith ,,congress  #b;d ,session  
,s4 #ceic  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,january #g1   
#bjbf,mrs4 ,moody introduced the        
following bill2 which was read twice and
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to increase the 
penalties for health care fraud1 and for
 other purposes4  #a4 ,short title ,this
 ,act may be cited as the ,punishing    
,health ,care ,fraudsters ,act4  #b4    
,increased penalties for health care    
fraud under title #ah  7a7 ,in general  
,section #acdg of title #ah1 ,united    
,states ,code1 is amended1 in the flush 
matter preceding subsection 7b7-- 7#a7  
by striking #aj years and inserting #be 
years2 and  7#b7 by striking #bj years  
and inserting #cj years4  7b7 ,effective
 date ,the amendments made by subsection
 7a7 shall apply with respect to acts   
occurring on or after the date of       
enactment of this ,act4  #c4 ,increased 
criminal penalties for acts involving   
,federal health care programs  7a7 ,in  

general ,section #aabh;,b of the ,social
 ,security ,act 7#db ,u4,s4,c4          
#acbj;a-#g;b7 is amended-- 7#a7 by      
striking #ajj1jjj each place it appears 
and inserting #bej1jjj2  7#b7 by        
striking #aj years each place it appears
 and inserting #be years2  7#c7 in      
subsection 7a71 in the flush matter     
following paragraph 7#f71 by striking   
#bj1jjj and inserting #ajj1jjj2 and     
7#d7 in subsection 7e7-- 7,a7 by        
striking #d1jjj and inserting #ajj1jjj2 
and  7,b7 by striking six months and    
inserting #a year4  7b7 ,effective date 
,the amendments made by subsection 7a7  
shall apply with respect to acts        
occurring and statements or             
representations made on or after the    
date of enactment of this ,act4  #d4    
,united ,states sentencing guidelines   
7a7 ,covered offense defined ,in this   
section1 the term covered offense       
means-- 7#a7 an offense under section   
#acdg of title #ah1 ,united ,states     
,code2 and  7#b7 an offense under       

section #aabh;,b of the ,social         
,security ,act 7#db ,u4,s4,c4           
#acbj;a-#g;b74  7b7 ,review ,pursuant to
 its authority under section #iid7p7 of 
title #bh1 ,united ,states ,code1 the   
,united ,states ,sentencing ,commission 
shall review and1 if appropriate1 amend 
its guidelines and its policy statements
 applicable to persons convicted of a   
covered offense4  7c7 ,requirements ,in 
carrying out this section1 the ,united  
,states ,sentencing ,commission shall-- 
7#a7 ensure that the sentencing         
guidelines and policy statements reflect
 the seriousness of covered offenses1   
the growing incidence of covered        
offenses1 and the need for an effective 
deterrent and appropriate punishment to 
prevent covered offenses2  7#b7 consider
 relevant factors and the extent to     
which the guidelines may or may not     
account for those factors1 including--  
7,a7 the potential and actual loss      
resulting from the covered offense1     
including the qualitative impact of the 

loss on each victim of the covered      
offense2  7,b7 the level of             
sophistication and planning involved in 
the covered offense2  7,c7 whether the  
covered offense was committed for       
purposes of commercial advantage or     
private financial benefit2  7,d7        
whether1 in committing the covered      
offense1 the defendant acted with intent
 to cause harm1 including physical1     
psychological1 and emotional harm2  7,e7
 the extent to which the covered offense
 resulted in the unauthorized disclosure
 of personal health information or      
violated the privacy rights of          
individuals harmed2  7,f7 whether the   
violation was intended to create or had 
the effect of creating a threat to      
public health or safety or a threat of  
injury to any person2 and  7,g7 the role
 of the defendant in the covered offense
 and the duration of the covered        
offense2  7#c7 ensure reasonable        
consistency with other relevant         
directives and with other sentencing    

guidelines2  7#d7 account for any       
additional aggravating or mitigating    
circumstances that might justify        
exceptions to the generally applicable  
sentencing ranges2  7#e7 make any       
necessary conforming changes to the     
sentencing guidelines2 and  7#f7 ensure 
that the guidelines adequately meet the 
purposes of sentencing as set forth in  
section #ceec7;a77#b7 of title #ah1     
,united ,states ,code4