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In the Courts
Health Care Fraud Statute Covers More Than Health Care
In a Matter of First Impression, the Second Circuit Holds that the Federal Health Care Fraud Statute Broadly Covers a Wide Range of Conduct and Is Not Restricted to Health Care Providers.
In United States v. Lucien, Nos. 02-1228, 02-1266, 02-1395, 2003 WL 22333062 (2d Cir. Oct. 14, 2003), the defendants appealed their conviction under the health care fraud statute, 18 U.S.C. ' 1347. The defendants had been convicted under 18 U.S.C. ' 1347 for their participation as passengers in staged automobile accidents designed to profit from New York's no-fault automobile insurance program. On appeal, the defendants contended that the federal health care fraud statute only applies to health care professions and that they did not defraud a “health care benefit program,” as prohibited in the statute, by defrauding the New York State no-fault automobile insurance program.
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