U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 63— MAIL FRAUD AND OTHER FRAUD OFFENSES

18 U.S.C. § 1347

Health care fraud

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(a) Whoever knowingly and willfully executes, or attempts to execute, a scheme or artifice—(1) to defraud any health care benefit program; or(2) to obtain, by means of false or fraudulent pretenses, representations, or promises, any of the money or property owned by, or under the custody or control of, any health care benefit program,in connection with the delivery of or payment for health care benefits, items, or services, shall be fined under this title or imprisoned not more than 10 years, or both. If the violation results in serious bodily injury (as defined in section 1365 of this title), such person shall be fined under this title or imprisoned not more than 20 years, or both; and if the violation results in death, such person shall be fined under this title, or imprisoned for any term of years or for life, or both.(b) With respect to violations of this section, a person need not have actual knowledge of this section or specific intent to commit a violation of this section.(Added Pub. L. 104–191, title II, § 242(a)(1), Aug. 21, 1996, 110 Stat. 2016; amended Pub. L. 111–148, title X, § 10606(b), Mar. 23, 2010, 124 Stat. 1008.)Editorial NotesAmendments

2010—Pub. L. 111–148 designated existing provisions as subsec. (a) and added subsec. (b).

Notes of Decisions
Cited in 1,036 cases (222 in the last 5 years), 1998–2026 · leading case: United States v. Martinez
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United States v. Martinez (2009) ca6 · cites it 12× “§ 1343 (Counts 28-37); twenty-one counts of health care fraud, in violation of 18 U.S.C. § 1347 (Counts 38-58); and two counts of health care fraud resulting in the death of patients, in violation of 18 U.”
United States v. Peter E. Clay (2016) ca11 · cites it 11× “2 *1266 Counts 6 through 9 charged the defendants with Medicaid health care fraud, in violation of 18 U.S.C. §§ 1347 and 2. Counts 6 and 7 covered CY 2005, and Counts 8 and 9 covered CY 2006.”
United States v. Anthony Roberts (2015) ca11 · cites it 9× “4 Count 1 alleged a four-and-a-half year conspiracy to commit health care fraud under 18 U.S.C. § 1347 , from January 2007 through August 2011, in violation of 18 U.”
United States v. Webb (2011) ca11 · cites it 14× “§§ 1343 , 1347, 1349 (Count 1); (2) defrauding a health care benefit program, in violation of 18 U.S.C. §§ 1347 and 2 (Counts 2-36); (3) unlawfully dispensing and causing to be dispensed controlled substances, in violation of 21 U.”
United States v. Pramela Ganji (2018) ca5 · cites it 9× “BACKGROUND Christian Home Health Care (“Christian”) was a home health agency owned by Elaine Davis and her husband, Walter Davis, Sr.”
United States v. Schneider (2013) ca10 · cites it 14× “§ 841 (a)(1); Counts 7–17—health care fraud and health care fraud resulting in death in violation of 18 U.S.C. § 1347 ; and Counts 18–34—money laundering in violation of 18 U.”
United States v. Michael Bikundi, Sr. (2019) cadc · cites it 7× “2 Five other co- 1 18 U.S.C. § 1347 (health care fraud); id.”
United States v. Carmen Gonzalez (2016) ca11 · cites it 6× “Count 2 charged Gonzalez with conspiracy to defraud Medicare and to obtain money from Medicare by means of materially false and fraudulent pretenses, representations, and promises, in violation of 18 U.S.C. §§ 1347 and 1349. On April 10, 2008, Gonzalez entered pleas of not…”
United States v. White (2007) ca6 · cites it 5× “Scheme to Defraud Medicare ( 18 U.S.C. § 1347 ) A rational finder of fact could conclude beyond a reasonable doubt that Defendant White engaged in a scheme to defraud Medicare.”
United States Ex Rel. Jane Doe v. Heart Solution, PC (2019) ca3 · cites it 4× “In November 2015, the Patels pled guilty to separate, but nearly identical, criminal information charges under 18 U.S.C. § 1347 for defrauding Medicare.”
United States v. Tariq Mahmood (2016) ca5 · cites it 5× “§ 1349 ; seven counts of health care fraud, all in violation of 18 U.S.C. §§ 1347 and 2; and seven counts of aggravated identity theft, all in violation of 18 U.”
United States v. Sylvia Walter-Eze (2017) ca9 · cites it 4× “§ 1349 (Count 1); four counts of health care fraud in violation of 18 U.S.C. § 1347 (Counts 2, 3, 5, and 6); and one count of conspiracy to pay and receive health care kickbacks in violation of 18 U.”
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— 18 U.S.C. § 1347(1) — 1 case
United States v. Kirkham (2005) ca5
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