 |
Report Comment
"Some Federal fraud laws
In researching Federal Fraud laws with regard to medical information, I found the following interesting items:
AMA information sheet, Federal Fraud and Abuse Laws, citing: Federal Civil Monetary Penalties (Section 1128A of the Social Security Act/42 USC 1320a-7aa), (Section 1128B of the Social Security Act/42 USC 1320a-7b), Federal Civil False Claims Act (31 USC 3829-3733), Health Care Fraud and Scheme (18 USC 1347), Theft or Embezzlement in Connection with Health Care Benefit Program (18 USC 669), and False Statements Relating to Health Care Matters (18 USC 1035).
Including the statement: "The Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (HIPAA), clarified that the term "should know" includes, with respect to information set out in a claim, "acts in deliberate ignorance" or in "reckless disregard of the truth or falsity" and "no proof of specific intent to defraud is required.""
http://www.law.cornell.edu/uscode/text/18/1001: with
(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
U.S. DOJ Criminal Resource Manual 903, which states with regard to 18 USC 1001: An often-raised defense is the claim that because the alleged act or activity has no reasonable relation to the Federal government, no Federal jurisdiction exists. … In describing the situations in which the prohibited conduct must occur, the courts have construed the statute broadly and stressed that Section 1001 protects the government "from the perversion which might result from the deceptive practices described." Bryson v. United States, 396 U.S. 64 (1969).
I could be wrong, but wouldn't you think that applies to people exaggerating and falsifying medical information in order to assure an involuntary commitment in the State mental health system, which accepts money from both state and federal taxpayers? And that Federal laws about the deprivation of civil rights under the color of law, and conspiracies to commit such acts, would then apply. And then, if it is a violation of Federal law, you might even think that a Federal District Court would be willing to hear about it. Well, unless there's some bigotry involved."
|
 |