The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 60 Engrossed 2015 Regular Session Kostelka
Present law provides relative to the crime of Medicaid fraud.
Present law provides that Medicaid fraud is the act of any person who, with intent to defraud the
state through any medical assistance program created under the federal Social Security Act and
administered by the Dept. of Health and Hospitals, does any of the following:
(1)Presents for allowance or payment any false or fraudulent claim for furnishing services or
merchandise.
(2)Knowingly submits false information for the purpose of obtaining greater compensation than
that to which he is legally entitled for furnishing services or merchandise.
(3)Knowingly submits false information for the purpose of obtaining authorization for
furnishing services or merchandise.
Proposed law adds that Medicaid fraud is also committed by the act of any person who intends to
defraud not only the state but any other person or entity (e.g. false or fraudulent submissions made
to a managed care organization used by the state to administer the program). Proposed law also adds
that Medicaid fraud can be committed as to not only any program administered by the Dept. of
Health and Hospitals but any program administered by any other state agency.
Proposed law otherwise retains present law.
Present law provides for jurisdiction and venue in certain criminal matters, including the crime of
Medicaid fraud.
Present law provides that all trials are to take place in the parish where the offense has been
committed, unless the venue is changed. Present law further provides that if acts constituting an
offense or if the elements of an offense occurred in more than one place, then the offense is deemed
to have been committed in any parish in this state in which any such act or element occurred.
Present law further provides that an offense committed on the boundary line of two parishes or
within 100 feet thereof is deemed to have been committed in either parish.
Proposed law retains present law and adds that in addition to the venue established by present law,
venue for a Medicaid fraud prosecution is also appropriate in the 19
th
Judicial District Court, Parish
of East Baton Rouge.
Effective upon signature of the governor or lapse of time for gubernatorial action. (Amends R.S. 14:70.1(A)(intro para) and 70.1(A)(1) and (2); adds R.S. 14:70.1(C))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the original bill
1. Adds any other state agency to coverage by present law and proposed law.