DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 88 Engrossed 2018 Regular Session Mack
Abstract: Creates the crime of government benefits fraud, provides elements for the offense,
provides for criminal penalties, and provides relative to venue.
Proposed law creates the crime of government benefits fraud and defines the crime as the act of any
person who, with intent to defraud the state or any person or entity through any government benefits
program administered by any state department, agency, or political subdivision, 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.
(4)Knowingly makes or causes to be made a false statement or representation of material fact
on an application for assistance, goods, or services when the false statement or representation
is made for the purpose of determining the person's entitlement to receive benefits.
(5)Knowingly conceals or fails to disclose any material fact affecting the applicant's or
recipient's initial or continued entitlement to receive benefits.
Proposed law provides that whoever commits the crime of government benefits fraud, shall be
imprisoned for not more than five years, may be fined not more than $20,000, or both.
Proposed law provides that in addition to venue established by present law, venue is also proper in
the 19
th
Judicial District Court, parish of East Baton Rouge.
Proposed law provides that government benefits include any record, voucher, payment, money or
thing of value, good, service, right, or privilege provided or administered by a state government
entity.
(Adds R.S. 14:70.9) Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Remove from proposed law the penalties that would apply if the offense involves any
benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection
with any federal or state major disaster declaration or declared state of emergency.