Pub.L. 111–148, § 10606(a), Mar. 23, 2010, 124 Stat. 1006, provided:
In this subsection, the term ‘Federal health care offense’ has the meaning given that term in section 24 of title 18, United States Code, as amended by this Act.
Pursuant to the authority under section 994 of title 28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall—
(A) review the Federal Sentencing Guidelines and policy statements applicable to persons convicted of Federal health care offenses;
(B) amend the Federal Sentencing Guidelines and policy statements applicable to persons convicted of Federal health care offenses involving Government health care programs to provide that the aggregate dollar amount of fraudulent bills submitted to the Government health care program shall constitute prima facie evidence of the amount of the intended loss by the defendant; and
(C) amend the Federal Sentencing Guidelines to provide—
(i) a 2-level increase in the offense level for any defendant convicted of a Federal health care offense relating to a Government health care program which involves a loss of not less than $1,000,000 and less than $7,000,000;
(ii) a 3-level increase in the offense level for any defendant convicted of a Federal health care offense relating to a Government health care program which involves a loss of not less than $7,000,000 and less than $20,000,000;
(iii) a 4-level increase in the offense level for any defendant convicted of a Federal health care offense relating to a Government health care program which involves a loss of not less than $20,000,000; and
(iv) if appropriate, otherwise amend the Federal Sentencing Guidelines and policy statements applicable to persons convicted of Federal health care offenses involving Government health care programs.
In carrying this subsection, the United States Sentencing Commission shall—
(A) ensure that the Federal Sentencing Guidelines and policy statements—
(i) reflect the serious harms associated with health care fraud and the need for aggressive and appropriate law enforcement action to prevent such fraud; and
(ii) provide increased penalties for persons convicted of health care fraud offenses in appropriate circumstances;
(B) consult with individuals or groups representing health care fraud victims, law enforcement officials, the health care industry, and the Federal judiciary as part of the review described in paragraph (2);
(C) ensure reasonable consistency with other relevant directives and with other guidelines under the Federal Sentencing Guidelines;
(D) account for any aggravating or mitigating circumstances that might justify exceptions, including circumstances for which the Federal Sentencing Guidelines, as in effect on the date of enactment of this Act, provide sentencing enhancements;
(E) make any necessary conforming changes to the Federal Sentencing Guidelines; and
(F) ensure that the Federal Sentencing Guidelines adequately meet the purposes of sentencing.”
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