Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services
John S. O'Brien, Director, Legislative Budget Board
SB1432 by Nichols (Relating to the investigation, prosecution, and punishment of criminal Medicaid fraud and certain other offenses related to Medicaid fraud; providing penalties.), As Introduced
The bill would remove “exploitation” from the conditions related to the offense of injury to a child, elderly person, or disabled person and create the offense of exploitation of a child, elderly person or disabled person. The newly created offense would be punishable as a felony of the third degree. The bill would amend the Penal Code by increasing the punishment to the next highest category for the offense of Medicaid fraud if the actor was a provider of high managerial agent at the time of the offense. Medicaid Fraud would also be added to the definition of an organized crime.
A felony of the third degree is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.
It is assumed that the number of persons convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies. It is expected individuals who would be affected under the provisions of the bill are currently being sentenced for other, possibly lesser felony, offenses.