Bill summaries are authored by CRS.

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Passed Senate amended (10/03/1992)

Health Care Fraud Prosecution Act of 1992 - Amends the Federal criminal code to provide penalties for fraud by health care providers in connection with the provision of, or payments or reimbursement for, health care services or supplies when: (1) the loss caused by the fraudulent conduct exceeds $10,000; or (2) the offender has previously been convicted of fraud in Federal or State court.

Limits such penalties to ten years' imprisonment, unless the offense caused serious physical injury to, or endangered the life of, a patient (up to 20 years' imprisonment) or caused the death of a patient (up to life imprisonment). Specifies that the sentencing court: (1) shall order the offender to pay restitution to the patient and to the United States as payor for losses sustained as a result of the offender's fraudulent activity; and (2) may order the offender to pay restitution to others who sustained losses as a result of such activity.

Directs the court, in imposing a sentence on a person convicted of an offense or of conspiring to commit a fraudulent offense under this Act or under specified provisions of the Federal Food, Drug, and Cosmetic Act to order that the offender forfeit to the United States any real or personal property constituting or derived from proceeds that the offender obtained directly or indirectly as the result of the offense.

Authorizes the Attorney General to make payments of up to $10,000 to persons who furnish information unknown to the Government relating to a possible prosecution for health care fraud, with exceptions.

Authorizes appropriations for the Federal Bureau of Investigation, U.S. Attorneys, and the Office of Inspector General of the Department of Health and Human Services to hire, equip, and train personnel in connection with the investigation and prosecution of health care fraud cases.

Includes within the scope of the mail fraud statute cases involving matter to be sent or delivered by any private or commercial interstate carrier.

Specifies that nothing in this Act shall be construed to affect any right that a person may have to bring a civil action for the person and for the Government based on an act or omission that may constitute an offense under this Act.

Expresses the sense of the Senate that: (1) lawsuits under the False Claims Act should be used to their full effect in combating health care fraud against the Government; (2) the U.S. Sentencing Commission should modify the sentencing guidelines relating to frauds to prescribe offense levels for health care fraud that are commensurate with the seriousness of a fraud of that nature; and (3) the Attorney General should promulgate prosecution guidelines to ensure that health care providers are not prosecuted under this Act for bookkeeping errors or accidental billing mistakes.

Authorizes the Attorney General to make grants to: (1) States and local governments for the purpose of creating health care fraud control units to investigate health care fraud and abuse; and (2) State medical societies for the development and implementation of programs designed to combat health care fraud.

Authorizes appropriations.