Overcriminalized.com Legislative Update Summary

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S. 3767: Food Safety Accountability Act of 2010

H.R. 6130: Strengthening Medicare Anti-Fraud Measures Act of 2010



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S. 3767: Food Safety Accountability Act of 2010



Sponsor: Leahy (D - VT)



Official Title: A bill to establish appropriate criminal penalties for certain knowing violations relating to food that is misbranded or mislabeled.



Status:

9/13/2010: Introduced in Senate

9/13/2010: Referred to Senate Judiciary Committee

9/23/2010: Ordered to be reported

9/23/2010: Reported to Senate by Senate Judiciary Committee

9/23/2010: Placed on Senate calendar



Commentary: This bill would add a provision to Title 18, U.S. Code, that would make it unlawful to knowingly introduce or deliver for introduction any adulterated or misbranded food into interstate commerce or adulterate or misbrand any food in interstate commerce. The penalty for the knowing violation of this provision would be imprisonment for 10 years, a fine as authorized by Title 18, U.S. Code, or both. S. 3669, also sponsored by Senator Leahy, would prohibit the same conduct by amending Title 21, U.S. Code, which prohibits, among other things, the adulteration or misbranding of food and the introduction or delivery for introduction and receipt in interstate commerce of adulterated or misbranded food.





H.R. 6130: Strengthening Medicare Anti-Fraud Measures Act of 2010



Sponsor: Stark (D - CA)



Official Title: A bill to amend Title XI of the Social Security Act to expand the permissive exclusion from participation in federal health care programs to individuals and entities affiliated with sanctioned entities.



Status:

9/15/2010: Introduced in House

9/15/2010: Referred to House Energy and Commerce Committee

9/15/2010: Referred to House Ways and Means Committee



Commentary: Section 1320a-7 of Title 42, U.S. Code, sets forth the bases on which the Secretary of Health and Human Services "shall" (subsection (a)) and "may" (subsection (b)) exclude persons and entities from participation in federal health care programs. This bill would clarify 42 U.S.C. § 1320a-7(b)(15), which extends any exclusion to include any individual who controls a sanctioned entity. As amended, the exclusion would extend to any individual who has an ownership or control interest in a sanctioned entity or an affiliate of a sanctioned entity and who knew or should have known of the conduct that forms the basis for exclusion. Section 1320a-7a(i)(7) of Title 42 defines "should know" to include "deliberate ignorance" of and "reckless disregard" for the truth but states that "no proof of specific intent to defraud is required." As amended, the exclusion would also extend to an officer or managing employee of the entity. An entity or individual threatened with exclusion is entitled to notice and a hearing before the sanction is imposed.