Amendment ID: S2499-42

Amendment 42

Eradicating Increased Prescription Costs Fueled by Fraudulent Pharmaceutical Practices

Mr. Montigny moves that the proposed new draft be amended by inserting after section 42 the following section:-

“SECTION 42A.   Chapter 111N of the General Laws is hereby amended by inserting at the end thereof the following section:-

Section 9.  Any pharmaceutical or medical device manufacturer agent, company, or marketer who knowingly and willfully executes, or attempts to execute, a scheme or artifice to (1) defraud any health benefit plan or (2) 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 plan shall be fined not less than $100,000 or imprisoned not more than 10 years, or both.  If the violation results in serious bodily injury, such person shall be fined not less than $250,000 and imprisoned not more than 20 years or, in the case of serious bodily injury resulting in death, fined not more than $500,000 and imprisonment for not less than 20 years.”.