Punishing Health Care Fraudsters Act

Section 1347 of title 18, United States Code, is amended, in the flush matter preceding subsection (b)—

(1) by striking 10 years and inserting 25 years; and

(2) by striking 20 years and inserting 30 years.

The amendments made by subsection (a) shall apply with respect to conduct occurring on or after the date of enactment of this Act.

Section 1128B of the Social Security Act (42 U.S.C. 1320a–7b) is amended—

(1) by striking $100,000 each place it appears and inserting $250,000;

(2) by striking 10 years each place it appears and inserting 25 years;

(3) in subsection (a), in the flush matter following paragraph (6), by striking $20,000 and inserting $100,000; and

(4) in subsection (e)—

(A) by striking $4,000 and inserting $100,000; and

(B) by striking six months and inserting 1 year.

The amendments made by subsection (a) shall apply with respect to acts occurring and statements or representations made on or after the date of enactment of this Act.

In this section, the term covered offense means—

(1) an offense under section 1347 of title 18, United States Code; and

(2) an offense under section 1128B of the Social Security Act (42 U.S.C. 1320a–7b).

Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend its guidelines and its policy statements applicable to persons convicted of a covered offense.

In carrying out this section, the United States Sentencing Commission shall—

(1) ensure that the sentencing guidelines and policy statements reflect the seriousness of covered offenses, the growing incidence of covered offenses, and the need for an effective deterrent and appropriate punishment to prevent covered offenses;

(2) consider relevant factors and the extent to which the guidelines may or may not account for those factors, including—

(A) the potential and actual loss resulting from the covered offense, including the qualitative impact of the loss on each victim of the covered offense;

(B) the level of sophistication and planning involved in the covered offense;

(C) whether the covered offense was committed for purposes of commercial advantage or private financial benefit;

(D) whether, in committing the covered offense, the defendant acted with intent to cause harm, including physical, psychological, and emotional harm;

(E) the extent to which the covered offense resulted in the unauthorized disclosure of personal health information or violated the privacy rights of individuals harmed;

(F) 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 person; and

(G) the role of the defendant in the covered offense and the duration of the covered offense;

(3) ensure reasonable consistency with other relevant directives and with other sentencing guidelines;

(4) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges;

(5) make any necessary conforming changes to the sentencing guidelines; and

(6) ensure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code.