SF 3287

as introduced - 91st Legislature (2019 - 2020) Posted on 02/26/2020 04:59pm

A bill for an act
relating to human services; establishing criminal penalties for acts involving human
services programs; proposing coding for new law in Minnesota Statutes, chapter
609.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [609.539] CRIMINAL PENALTIES FOR ACTS INVOLVING HUMAN
SERVICES PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibited payments made relating to human services programs. new text end

new text begin A
person is guilty of a crime and may be sentenced under subdivision 4, paragraph (a), clause
(1), if the person knowingly and willfully offers or pays any remuneration, including any
kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind, to
another person:
new text end

new text begin (1) to induce that person to apply for, receive, or induce another person to apply for or
receive an item or service for which payment may be made in whole or in part by a local
social services agency as defined in chapter 393 or by the Department of Human Services,
or administered by the commissioner of human services; or
new text end

new text begin (2) in return for purchasing, leasing, ordering, or arranging for or inducing the purchasing,
leasing, or ordering of any good, facility, service, or item for which payment may be made
in whole or in part, or which is administered in whole or in part by a local social services
agency as defined in chapter 393, the Department of Human Services, or the United States
Department of Health and Human Services.
new text end

new text begin Subd. 2. new text end

new text begin Receipt of prohibited payments relating to human services programs. new text end

new text begin A
person is guilty of a crime and may be sentenced under subdivision 4, paragraph (a), clause
(2), if the person knowingly and willfully solicits or receives any remuneration, including
any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind:
new text end

new text begin (1) in return for applying for or receiving a human services benefit, service, or grant for
which payment may be made in whole or in part by a local services agency as defined in
chapter 393 or the Department of Human Services, or is administered by the commissioner
of human services; or
new text end

new text begin (2) in return for purchasing, leasing, ordering, or arranging for or inducing the purchasing,
leasing, or ordering of any good, facility, service, or item for which payment may be made
in whole or in part, or which is administered in whole or in part, by the Department of
Human Services, a local social services agency as defined in chapter 393, or the United
States Department of Health and Human Services.
new text end

new text begin Subd. 3. new text end

new text begin Payments exempt. new text end

new text begin This section does not apply to remuneration exempted from
the Anti-Kickback Statute under United States Code, title 42, section 1320a-7b(b)(3), or
remuneration excepted from liability by Code of Federal Regulations, title 42, section
1001.952.
new text end

new text begin Subd. 4. new text end

new text begin Penalties. new text end

new text begin (a) A person who violates subdivision 1 or 2 may be sentenced
according to section 609.52, subdivision 3, as follows:
new text end

new text begin (1) for a violation of subdivision 1, the calculated value is equal to the value of the good,
facility, service, or item that was obtained as a direct or indirect result of the prohibited
payment; or
new text end

new text begin (2) for a violation of subdivision 2, the calculated value is equal to the value of the
prohibited payment solicited or received in violation of subdivision 2.
new text end

new text begin (b) A claim for any good, facility, service, or item rendered or claimed to have been
rendered in violation of this section is noncompensable and unenforceable at the time the
claim is made.
new text end

new text begin Subd. 5. new text end

new text begin Aggregation. new text end

new text begin In any prosecution under this section, the value of the money or
property or services received by the defendant within any six-month period may be
aggregated and the defendant charged accordingly in applying the provisions of subdivision
6.
new text end

new text begin Subd. 6. new text end

new text begin Venue. new text end

new text begin Notwithstanding section 627.01, an offense committed under this section
may be prosecuted in the county where any part of the offense occurred, provided that when
two or more offenses are committed by the same person in two or more counties, the person
may be prosecuted in any county in which one of the offenses was committed for all of the
offenses aggregated under this subdivision.
new text end

new text begin Subd. 7. new text end

new text begin False claims. new text end

new text begin In addition to the penalties provided for in this section, a claim
that includes items or services resulting from a violation of this section constitutes a false
or fraudulent claim for purposes of section 15C.02.
new text end

new text begin Subd. 8. new text end

new text begin Actual knowledge or specific intent not required. new text end

new text begin With respect to a violation
of this section, a person need not have actual knowledge of this section or specific intent to
commit a violation of this section.
new text end