SECTION 14: PENALTIES FOR FALSIFYING INFORMATION
This section explains the penalties for deliberately furnishing false information in this application to gain or
maintain enrollment in the Medicare program.
1. 18 U.S.C. section 1001 authorizes criminal penalties against an individual who, in any matter within the
jurisdiction of any department or agency of the United States, knowingly and willfully falsifies, conceals
or covers up by any trick, scheme or device a material fact, or makes any false, fictitious, or fraudulent
statements or representations, or makes any false writing or document knowing the same to contain
any false, fictitious or fraudulent statement or entry. Individual offenders are subject to fines of up to
$250,000 and imprisonment for up to five years. Offenders that are organizations are subject to fines of
up to $500,000 (18 U.S.C. section 3571). Section 3571(d) also authorizes fines of up to twice the gross gain
derived by the offender if it is greater than the amount specifically authorized by the sentencing statute.
2. Section 1128B(a)(1) of the Social Security Act authorizes criminal penalties against any individual who,
“knowingly and willfully,” makes or causes to be made any false statement or representation of a
material fact in any application for any benefit or payment under a federal health care program. The
offender is subject to fines of up to $25,000 and/or imprisonment for up to five years.
3. The Civil False Claims Act, 31 U.S.C. Section 3729, imposes civil liability, in part, on any person who, with
actual knowledge, deliberate ignorance or reckless disregard of truth or falsity (a) presents or causes
to be presented to the United States Government or its contractor or agent a false or fraudulent claim
for payment or approval; (b) uses or causes to be used a false record or statement material either to a
false or fraudulent claim or to an obligation to pay the Government; (c) conceals or improperly avoids
or decreases an obligation to pay or transmit money or property to the Government; or (d) conspires
to violate any provision of the False Claims Act. The False Claims Act imposes a civil penalty of between
$5,000 and $10,000 per violation, as adjusted for inflation by the Federal Civil Penalties Inflation
Adjustment Act, 28 U.S.C. 2461, plus three times the amount of damages sustained by the Government.
4. Section 1128A(a)(1) of the Social Security Act imposes civil liability, in part, on any person (including an
organization, agency or other entity) that knowingly presents or causes to be presented to an officer,
employee, or agent of the United States, or of any department or agency thereof, or of any State
agency…a claim…that the Secretary determines is for a medical or other item or service that the person
knows or should know:
a. was not provided as claimed; and/or
b. the claim is false or fraudulent.
This provision authorizes a civil monetary penalty of up to $10,000 for each item or service, an assessment
of up to three times the amount claimed, and exclusion from participation in the Medicare program and
State health care programs.
5. 18 U.S.C. 1035 authorizes criminal penalties against individuals in any matter involving a health care
benefit program who knowingly and willfully falsifies, conceals or covers up by any trick, scheme,
or device a material fact; or makes any materially false, fictitious, or fraudulent statements or
representations, or makes or uses any materially false, fictitious, or fraudulent statement or entry, in
connection with the delivery of or payment for health care benefits, items or services. The individual shall
be fined or imprisoned up to 5 years or both.
6. 18 U.S.C. 1347 authorizes criminal penalties against individuals who knowing and willfully execute, or
attempt, to execute a scheme or artifice to defraud any health care benefit program, or to obtain, by
means of false or fraudulent pretenses, representations, or promises, any of the money or property
owned by or under the control of any, health care benefit program in connection with the delivery of
or payment for health care benefits, items, or services. Individuals shall be fined or imprisoned up to 10
years or both. If the violation results in serious bodily injury, an individual will be fined or imprisoned up
to 20 years, or both. If the violation results in death, the individual shall be fined or imprisoned for any
term of years or for life, or both.
7. The United States Government may assert common law claims such as “common law fraud,” “money
paid by mistake,” and “unjust enrichment.” Remedies include compensatory and punitive damages,
restitution, and recovery of the amount of the unjust profit.
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