SLS 16RS-1098 ENGROSSED
2016 Regular Session
SENATE BILL NO. 453
BY SENATOR WHITE
CRIME/PUNISHMENT. Adds Medicaid fraud to crimes governed by racketeering laws.
(gov sig)
1 AN ACT
2 To enact R.S. 15:1352(A)(63), relative to racketeering; to add Medicaid fraud to the list of
3 crimes governed by state racketeering laws; and to provide for related matters.
4 Be it enacted by the Legislature of Louisiana:
5 Section 1. R.S. 15:1352(A)(63) is hereby enacted to read as follows:
6 ยง1352. Definitions
7 A. As used in this Chapter, "racketeering activity" means committing,
8 attempting to commit, conspiring to commit, or soliciting, coercing, or intimidating
9 another person to commit any crime that is punishable under the following
10 provisions of Title 14 of the Louisiana Revised Statutes of 1950, the Uniform
11 Controlled Dangerous Substances Law, or the Louisiana Securities Law:
12 * * *
13 (63) R.S. 14:70.1 (Medicaid fraud)
14 * * *
15 Section 2. This Act shall become effective upon signature by the governor or, if not
16 signed by the governor, upon expiration of the time for bills to become law without signature
17 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 453
SLS 16RS-1098 ENGROSSED
1 vetoed by the governor and subsequently approved by the legislature, this Act shall become
2 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
SB 453 Engrossed 2016 Regular Session White
Present law provides that the crime of Medicaid fraud is the act of any person who, with
intent to defraud the state or any person or entity through any medical assistance program
created under the federal Social Security Act and administered by the Dept. of Health and
Hospitals or any other state agency, 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 retains present law.
Present law provides that "racketeering activity" means committing, attempting to commit,
conspiring to commit, or soliciting, coercing, or intimidating another person to commit any
crime that is punishable under certain provisions of present law including solicitation for
murder, second degree murder, aggravated kidnapping, extortion, theft, manufacture and
distribution of certain drugs, money laundering, corrupt influencing, public contract fraud,
and pornography involving juveniles.
Proposed law retains present law and adds the present law crime of Medicaid fraud to this
list.
Present law provides various penalties for racketeering activity.
Proposed law retains present law and makes present law penalties applicable to racketeering
activity involving Medicaid fraud.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 15:1352(A)(63))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Makes present law penalties for racketeering activity applicable to the
present law crime of Medicaid fraud.
2. Deletes proposed law racketeering penalties from the present law crime of
Medicaid fraud.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.