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Overcriminalization

"Overcriminalization" describes the trends in America - and particulary in Congress - to use the criminal law to "solve" every problem, punish every mistake (instead of making proper use of civil penalties), and coerce Americans into conforming their behavior to satisfy social engineering objectives.

HR 6000: A bill to provide for criminal liability for the denial of health care coverage of a treatment or an individual, and for other purposes.

Official Title

A bill to provide for criminal liability for the denial of health care coverage of a treatment or an individual, and for other purposes.

Analysis

Under this bill, “[a]ny responsible officer or employee of an insurance entity that engages in a denial of coverage under a health plan” in violation of the federal laws governing health insurance plans would be subject to imprisonment for up to 1 year, a fine as authorized by Title 18, U.S. Code, or both. The bill would define a denial of coverage to cover both enrolled individuals and individuals seeking enrollment. Any “responsible officer” would include anyone who makes the decision to deny coverage or care, designs “the institutional policies of the insurance entity that resulted in the denial of coverage or care,” “[m]aterially” influences the policy or decision, or engages in “[a]ny other conduct that constitutes an offense under this Act, including any related offense under section 2 of title 18, United States Code.” If the prohibited conduct results in death, the responsible officer or employee would also be subject to punishment for manslaughter. Section 1112(b) of Title 18, U.S. Code, provides for the punishment of both voluntary and involuntary manslaughter, but the bill itself refers generally only to “manslaughter.” Anyone convicted of manslaughter is subject to imprisonment for up to 8 years for involuntary manslaughter and for up to 15 years for voluntary manslaughter, a fine as authorized by Title 18, U.S. Code, or both.

Legislation Details
SPONSOR

Grayson (D - FL)

STATUS:

09/20/2010: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security
07/30/2010: Referred to House Judiciary Committee
07/30/2010: Referred to House Energy and Commerce Committee