124 STAT. 1007 PUBLIC LAW 111–148—MAR. 23, 2010 (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 pro- grams 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 pro- vide— (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. (3) REQUIREMENTS.—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 con- victed of health care fraud offenses in appropriate cir- cumstances; (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 cir- cumstances that might justify exceptions, including cir- cumstances 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 ade- quately meet the purposes of sentencing.
