Question

In a criminal prosecution for alleged fraud in federally funded health programs, the government is required to prove beyond a reasonable doubt that the defendant knowingly and willfully made a false statement or representation of a material fact in an application for a benefit or payment under a federal healthcare program.
1. True

2. False

Answer 1

2. False

Explanation:

On the criminal side, the government's primary tool for health care fraud enforcement is the general health care fraud statute, 18 U.S.C. ... By its terms, the statute punishes anyone who “knowingly and willfully executes, or attempts to execute, a scheme or artifice . . . to defraud any health care benefit program.”