Congressional Record—Senate S7219
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June 17, 1999 CONGRESSIONAL RECORD Ð SENATE S7219 By Mr. CRAIG (for himself and Mr. S. Res. 124. A resolution to establish a spe- chair, started an extensive investiga- CRAPO): cial committee of the Senate to address the tion of the Medicare program. So far, S. 1236. A bill to extend the deadline under cultural crisis facing America; to the Com- my Subcommittee has held three hear- the Federal Power Act for commencement of mittee on Rules and Administration. ings in an effort to expose fraud and the construction of the Arrowrock Dam Hy- By Mr. LOTT (for himself, Mr. droelectric Project in the State of Idaho; to DASCHLE, Mr. NICKLES, Mr. REID, Mr. abuse within Medicare. the Committee on Energy and Natural Re- AKAKA, Mr. BROWNBACK, Mr. BAUCUS, As the Subcommittee's hearings re- sources. Mr. COVERDELL, Mr. BAYH, Mr. vealed, we are now seeing a dangerous By Mr. HUTCHINSON: DOMENICI, Mr. BIDEN, Mr. GRASSLEY, and growing problem with Medicare S. 1237. A bill to amend title 10, United Mr. BINGAMAN, Mr. HUTCHINSON, Mrs. fraud. Career criminals and bogus pro- States Code, to permit retired members of BOXER, Mr. JEFFORDS, Mr. BREAUX, viders with no background in health the Armed Forces who have a service-con- Ms. SNOWE, Mr. BRYAN, Mr. SPECTER, care are increasingly entering the sys- nected disability to receive military retired Mr. BYRD, Mr. STEVENS, Mr. tem with the sole purpose of stealing pay concurrently with veterans' disability CLELAND, Mr. CONRAD, Mr. DODD, Mr. hard-earned taxpayer dollars from the compensation; to the Committee on Armed DORGAN, Mr. DURBIN, Mr. EDWARDS, Services. Mr. FEINGOLD, Mrs. FEINSTEIN, Mr. Medicare Trust Fund. Only tough de- By Mr. HUTCHINSON (for himself and GRAHAM, Mr. HARKIN, Mr. HOLLINGS, terrents can prevent these unscrupu- Mr. WELLSTONE): Mr. INOUYE, Mr. JOHNSON, Mr. KEN- lous providers from entering the Medi- S. 1238. A bill to amend title 38, United NEDY, Mr. KERREY, Mr. KERRY, Mr. care system. At the same time, how- States Code, to authorize the payment of de- KOHL, Ms. LANDRIEU, Mr. LAUTEN- ever, we must be careful not to make pendency and indemnity compensation to BERG, Mr. LEAHY, Mr. LEVIN, Mr. the surviving spouses of certain former pris- entry into the Medicare program so dif- LIEBERMAN, Mrs. LINCOLN, Ms. MI- ficult that the process deters legiti- oners of war dying with a service-connected KULSKI, Mr. MOYNIHAN, Mrs. MURRAY, mate health care providers. We owe it disability related totally disabling at the Mr. REED, Mr. ROBB, Mr. ROCKE- time of death; to the Committee on Veterans FELLER, Mr. SARBANES, Mr. SCHUMER, to the American public to strike this Affairs. Mr. TORRICELLI, Mr. WELLSTONE, and crucial balance. By Mr. GRAHAM (for himself, Mr. Mr. WYDEN): During a Subcommittee hearing ear- MACK, Mr. BINGAMAN, Mr. INOUYE, S. Con. Res. 40. A concurrent resolution lier last year, we heard testimony de- Mr. INHOFE, Mr. BURNS, Mr. BAUCUS, commending the President and the Armed scribing egregious examples of fraud Mr. CRAPO, Mr. CRAIG, and Mrs. FEIN- Forces for the success of Operation Allied committed by unscrupulous health STEIN): Force; considered and agreed to. care providers. For example, two physi- S. 1239. A bill to amend the Internal Rev- f enue Code of 1986 to treat spaceports like air- cians who submitted in excess of ports under the exempt facility bond rules; STATEMENTS ON INTRODUCED $690,000 in fraudulent Medicare claims to the Committee on Finance. BILLS AND JOINT RESOLUTIONS listed nothing more than a Brooklyn By Mr. MURKOWSKI (for himself, Mr. laundromat as their office location. We BREAUX, Mr. GORTON, Mr. COCHRAN, were also told that over $6 million in By Ms. COLLINS (for herself, Mr. Mr. HUTCHINSON, Ms. COLLINS, Mrs. Medicare funds were sent to durable LINCOLN, Mr. SHELBY, Ms. SNOWE, DURBIN, and Mr. GRASSLEY): medical equipment companies that Mrs. MURRAY, Mr. SESSIONS, Mr. S. 1231. A bill to amend title XVIII of SMITH of Oregon, Mrs. HUTCHISON, the Social Security Act to establish ad- provided no services; one of these com- Mr. GRAMS, and Ms. LANDRIEU): ditional provisions to combat waste, panies even listed a fictitious address S. 1240. A bill to amend the Internal Rev- fraud, and abuse within the Medicare that would have placed the firm in the enue Code of 1986 to provide a partial infla- middle of a runway at the Miami Inter- tion adjustment for capital gains from the Program, and for other purposes; to the Committee on Finance. national Airport. sale or exchange of timber; to the Com- While the number of unscrupulous mittee on Finance. MEDICARE FRAUD PREVENTION AND providers in the Medicare program is By Mr. ASHCROFT (for himself, Mrs. ENFORCEMENT ACT OF 1999 very small relative to the number of HUTCHISON, Mr. ABRAHAM, Mr. AL- Ms. COLLINS. Mr. President, on be- LARD, Mr. BOND, Mr. BROWNBACK, Mr. half of myself and my distinguished honest providers, these criminals nev- BUNNING, Mr. BURNS, Mr. CHAFEE, Mr. colleagues Senator DURBIN and Senator ertheless are able to steal millions of COCHRAN, Ms. COLLINS, Mr. COVER- GRASSLEY, I rise today to introduce the dollars from Medicare, wreaking finan- DELL, Mr. CRAIG, Mr. DEWINE, Mr. Medicare Fraud Prevention and En- cial havoc on the program. This fraud DOMENICI, Mr. ENZI, Mr. FRIST, Mr. forcement Act of 1999. Both of these contributes to the tremendous increase GRAMM, Mr. GRASSLEY, Mr. GREGG, Senators have been leaders in the fight in health care expenditures and ad- Mr. HAGEL, Mr. HATCH, Mr. HELMS, versely affects the quality of health Mr. HUTCHINSON, Mr. JEFFORDS, Mr. against Medicare fraud. care given to our nation's elderly and KYL, Mr. LOTT, Mr. MCCAIN, Mr. This bill will help solve an almost $13 MCCONNELL, Mr. NICKLES, Mr. ROB- billion problem. According to the HHS disabled. ERTS, Mr. SESSIONS, Mr. SMITH of Or- Inspector General, waste, fraud, abuse, In response to the serious problems egon, Mr. SMITH of New Hampshire, and other improper payments drained identified through my Subcommittee's Mr. THOMAS, Mr. THURMOND, and Mr. about that much from the Medicare investigation, Senator DURBIN, Senator SHELBY): Trust Fund in fiscal year 1998. Fraud GRASSLEY, and I are introducing legis- S. 1241. A bill to amend the Fair Labor and abuse not only compromise the sol- lation designed to prevent waste, fraud, Standards Act of 1938 to provide private sec- and abuse by strengthening the Medi- tor employees the same opportunities for vency of the Medicare program but time-and-a-half compensatory time off and also, in some cases, directly affect the care enrollment process, expanding biweekly work programs as Federal employ- quality of care delivered to the 38 mil- certain standards of participation, and ees currently enjoy to help balance the de- lion older and disabled Americans who reducing erroneous payments. Among mands and needs of work and family, to clar- depend upon this program. Although other things, this legislation gives ad- ify the provisions relating to exemptions of this legislation will not prevent all of ditional enforcement tools to the fed- certain professionals from minimum wage the waste, fraud, and abuse that now eral law enforcement agencies pursuing and overtime requirements of the Fair Labor plagues Medicare, it represents an im- health care criminals. Standards Act of 1938, and for other pur- portant step toward a solution to a One of the most important steps this poses; to the Committee on Health, Edu- bill takes is to prevent scam artists cation, Labor, and Pensions. problem that threatens the financial and criminals from securing the pro- f integrity of this vital social program. Unfortunately, there is no line item vider numbers that permit them to SUBMISSION OF CONCURRENT AND in the budget called ``Medicare Waste, gain access to the Medicare system. SENATE RESOLUTIONS Fraud and Abuse'' that we can simply Specifically, this bill requires back- The following concurrent resolutions cut to eliminate this insidious prob- ground investigations to be conducted and Senate resolutions were read, and lem. It is a complicated, difficult chal- on all new providers to prevent career referred (or acted upon), as indicated: lenge to plug the holes that make criminals from getting involved with By Mr. BROWNBACK (for himself, Mr. Medicare at high risk for fraud and Medicare in the first place. In addition, LOTT, Mr. ALLARD, Mr. ABRAHAM, Mr. abuse. this bill requires site inspections of COVERDELL, Mr. SESSIONS, and Mr. In May 1997, the Permanent Sub- new durable medical equipment sup- CRAIG): committee on Investigations, which I pliers and community mental health S7220 CONGRESSIONAL RECORD Ð SENATE June 17, 1999 centers prior to their being given a pro- the Medicare Trust Fund. Some bad ac- our package of reforms and strengthens vider number. This will help close the tors have used bankruptcy as a shield the legislation we are introducing system to those who apply for a pro- against repaying Medicare. Essen- today. vider number from a bogus or non- tially, unscrupulous individuals steal Mr. President, the bill we are intro- existent location. Together, these pro- literally hundreds of thousands of dol- ducing today represents our concrete visions are designed to make it more lars from the Medicare program, hide commitment to improve the Medicare difficult for unscrupulous individuals or spend it quickly, and then file for program by providing additional tools to obtain a Medicare provider number bankruptcy protection when they are that are needed to combat the exten- and begin submitting fraudulent caught, leaving the Medicare Trust sive waste, fraud, and abuse that claims. Fund in debt. With this bill, we intend plague our nation's most important This legislation also requires com- to close this loophole. health care program.