GREEN SHEET REDIGEST
HB 88 2018 Regular Session Mack
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
CRIME: Creates the crime of government benefits fraud.
DIGEST
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 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, merchandise, or payments.
(2)Knowingly submits false information for the purpose of obtaining greater
compensation than that to which he is legally entitled for furnishing services,
merchandise, or payments.
(3)Knowingly submits false information for the purpose of obtaining authorization for
furnishing services, merchandise, or payments.
(4)Knowingly makes or causes to be made a false statement or representation of
material fact on an application or form for assistance, goods, services, or payments
when the false statement or representation is made for the purpose of determining the
person's eligibility to receive benefits or payments.
(5)Knowingly conceals or fails to disclose any material fact affecting the applicant's or
recipient's initial or continued eligibility to receive benefits or payments.
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 $10,000, or both.
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.
Page 1 of 2
Prepared by Martha Hess. Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the engrossed
bill
1. Expands proposed law from the furnishing of services or merchandise to
furnishing services, merchandise, or payments.
2. Provides that false statements or representations may be on an application or
form.
3. Changes language from entitlement to receive benefits to eligibility to receive
benefits or payments.
4. Reduces fine for committing crime of government benefits fraud from $20,000
to $10,000.
5. Removes provisions relative to venue in the 19
th
Judicial District Court in East
Baton Rouge Parish when conduct involves a program administered by a state
department or agency.
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Prepared by Martha Hess.