The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“THE SENIOR CITIZENS PROTECTION ACT” mentioning the U.S. Dept. of Justice was published in the Extensions of Remarks section on pages E1847-E1848 on Sept. 29, 1998.
The publication is reproduced in full below:
THE SENIOR CITIZENS PROTECTION ACT
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HON. RICK LAZIO
of new york
in the house of representatives
Tuesday, September 29, 1998
Mr. LAZIO of New York. Mr. Speaker, I rise today to introduce a modified version of H.R. 4155, the Senior Citizen Protection Act. H.R. 4155 would expand the authority of state Medicaid Fraud Control Units
(MFCUs) to investigate fraud and abuse beyond the Medicaid Program. H.R. 4155 would allow the states and their MFCUs to protect senior citizens by investigating all forms of health care fraud and empowering them to assist state and local authorities in investigations of abuse and neglect against residents in assisted living and other board and care facilities. This legislation would help Federal, state, and local officials crack down on rampant health care fraud and let each and every one of us feel secure that our loved ones are safe in their retirement years.
Legislation is necessary because current law prohibits Medicaid Fraud Control Units (MFCU) from pursuing Medicare fraud when it is uncovered through a Medicaid investigation. Many times, a MFCU referral to federal authorities does not result in investigation or prosecution. Also, MFCUs are prohibited from utilizing their resources and expertise to assist state and local authorities who are responsible for ensuring that patients receive quality care in assisted living residences and other residential care facilities.
After extensive conversations with the various stakeholders which could be affected by this legislation, I have made two modifications to H.R. 4155.
Today's bill modifies Section (2)(a) of H.R. 4155 by clarifying the authority between Federal officials and the MFCUs when the MFCUs decide to pursue an allegation of non-Medicaid fraud. Clearly, states should be empowered to pursue Medicare and other Federal health program fraud uncovered during a Medicaid investigation. However, this new provision would ensure that the inspector general of a federal agency which is responsible for eliminating Federal health care fraud retains the absolute discretion to take over the investigation and prosecution of the case. My expectation is that the HHS Inspector General and the U.S. Department of Justice will develop the appropriate protocols with the state Medicaid Fraud Control Units and the state Attorneys General to implement this legislation.
Today's bill also modifies Section (2)(c) of H.R. 4155 by clarifying the authority of MFCUs to investigate abuse in assisted living and other residential care facilities. Today's bill states that MFCUs may only investigate at the request of state and local agencies who have the current responsibility for ensuring quality care in such facilities under state law. The MFCUs have resources and expertise that clearly would benefit state agencies in the fight against abuse in senior's facilities. The cooperation and expertise of the MFCUs will strengthen the investigative skills of state and local authorities.
These minor changes have strengthened an already excellent piece of legislation that will cut fraud and abuse in our Medicare system, restore balance in our health care system, and give us all a better quality of life.
Our government should be given all the tools necessary to combat fraud in our health care system and give Americans the peace of mind that their moms and dads are well cared for in their retirement years. We need to ferret out providers who rip off the system, and Americans need to rest comfortably at night knowing our family members and friends receive the highest quality health care without the fear of being physically, mentally, or financially abused. I urge my colleagues to support the Senior Citizens Protection Act of 1998 because it will provide health care security to our seniors and restore their trust in the people who care for them from morning until night.
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