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 Original 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 the crime of Medicaid fraud is punishable by imprisonment, with or
without hard labor, for up to five years, or a fine of up to $20,000, or both.
Proposed law retains present law and adds that Medicaid fraud involving racketeering activity as
defined in present law when the amount of the violation exceeds $100,000 is punishable by
imprisonment, with or without hard labor, for between one and 10 years, at least one year of which
must be served without benefit of probation, parole, or suspension of sentence, and in addition may
be fined up to $20,000.
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.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:70.1(B); adds R.S. 15:1352(A)(63))