Did you know? Federal health care fraud can carry a life sentence when the fraud results in a patient’s death.
Under 18 U.S.C. § 1347, knowingly and willfully executing—or attempting to execute—a scheme to defraud a health care benefit program can ordinarily result in up to 10 years in federal prison.
But the penalties escalate sharply when the fraudulent conduct causes physical harm.
If the violation results in serious bodily injury, the defendant may face up to 20 years in prison.
If the violation results in death, federal law permits a sentence of any term of years or life imprisonment, in addition to a potential fine.
That makes § 1347 more than a statute aimed solely at protecting programs such as Medicare and Medicaid from financial loss. Congress expressly tied the severity of punishment to the human consequences of health care fraud.
What Does 18 U.S.C. § 1347 Prohibit?
Section 1347 makes it a federal crime to knowingly and willfully execute, or attempt to execute, a scheme:
- to defraud a health care benefit program; or
- to obtain money or property controlled by a health care benefit program through false or fraudulent pretenses, representations, or promises.
The conduct must be connected to the delivery of, or payment for, health care benefits, items, or services.
Health Care Fraud Is Not Always Just Financial Fraud
Health care fraud cases often involve false billing, services never provided, falsified diagnoses, medically unnecessary treatment, kickbacks, fraudulent prescriptions, or other misrepresentations used to obtain payment from government health programs.
Those same patterns also frequently appear in civil False Claims Act enforcement, where the government and whistleblowers can pursue recovery of taxpayer funds lost through false or fraudulent claims.
But criminal health care fraud becomes considerably more serious when the scheme places patients in danger.
For example, Find Corporate Waste previously reported on the conviction of a Brooklyn clinic owner in a $52 million health care fraud and kickback scheme. Prosecutors said patients received prescriptions from a practitioner who had not seen or spoken with them and were subjected to medically unnecessary testing while Medicare and Medicaid were billed.
Cases like these illustrate why federal health care fraud law is not concerned only with the amount of money stolen.
When fraudulent conduct causes serious bodily injury or death, § 1347 allows the criminal consequences to increase dramatically.
The amount fraudulently billed therefore is not the only factor that can determine the seriousness of a federal health care fraud prosecution.
The consequences suffered by patients can matter just as much.
Congress Also Lowered a Potential Knowledge Barrier
Congress amended § 1347 in 2010 to add subsection (b).
That provision states that, for purposes of a § 1347 prosecution, a person does not need to have actual knowledge of the statute itself or a specific intent to violate that particular statutory provision.
The government must still prove the elements of the underlying offense, including that the defendant knowingly and willfully executed or attempted to execute the fraudulent scheme.
Why It Matters
Federal health care fraud enforcement is often described in terms of taxpayer losses, including cases where millions or even billions of dollars are improperly billed to Medicare, Medicaid, and other health care programs.
But § 1347 shows that Congress contemplated something more serious than financial loss alone.
When a fraudulent scheme crosses the line from stealing health care dollars to seriously injuring or killing someone, federal criminal exposure can escalate from years in prison to life imprisonment.
For more on fraud involving federal health care programs, see Find Corporate Waste’s coverage of Medicare fraud, Medicaid fraud, and the False Claims Act.












