Seniors Safety Act of 1999

TABLE OF CONTENTS:

Title I: Strategies for Preventing Crimes Against Seniors

Title II: Combating Crimes Against Seniors

Title III: Preventing Telemarketing Fraud

Title IV: Preventing Health Care Fraud

Title V: Protecting Residents of Nursing Homes

Title VI: Protecting the Rights of Elderly Crime Victims

Seniors Safety Act of 1999 - Title I: Strategies for Preventing Crimes Against Seniors - Directs the Attorney General (AG) to study and report to the congressional judiciary committees on crimes against seniors (over 55 years of age) in order to prevent and otherwise reduce the incidence of those crimes, which include telemarketing fraud, elder abuse, and health care fraud.

(Sec. 102) Requires certain statistics concerning crimes against seniors to be included by the AG within each annual National Crime Victimization Survey.

Title II: Combating Crimes Against Seniors - Directs the United States Sentencing Commission to review and, if appropriate, amend Federal sentencing guidelines to include the age of a crime victim as one of the criteria for determining whether a sentencing enhancement is appropriate. Requires a Commission report to Congress on issues relating to the age of crime victims.

(Sec. 202) Directs the Commission to review and, if appropriate, amend sentencing guidelines and Commission policy statements to include persons convicted of offenses involving fraud in connection with a health care benefit program.

(Sec. 203) Amends the Federal criminal code to provide increased penalties for fraud which results in serious injury or death.

(Sec. 204) Provides civil and criminal penalties for any person who executes, or attempts to execute, a scheme or artifice to: (1) defraud any retirement arrangement or any person in connection with the establishment or maintenance of such an arrangement; or (2) falsely or fraudulently obtain any of the money or property owned by, or under the custody or control of, any retirement arrangement or other person in connection with such an arrangement.

(Sec. 205) Authorizes the AG to bring a civil action to enforce penalties for defrauding pension plans.

(Sec. 206) Revises criminal code provisions concerning the illegal influencing of operations of employee benefit plans to: (1) add certain definitions; and (2) include under such provisions bribery and graft committed by an applicable person (an employee benefit plan administrator, officer, counsel, agent, employee, or other person having influence with respect to such plan).

Title III: Preventing Telemarketing Fraud - Directs the Federal Trade Commission (FTC) to establish procedures to: (1) log and acknowledge the receipt of complaints by individuals who reasonably believe that they have been the victim of fraud in connection with telemarketing; (2) provide to such individuals and any others information on telemarketing fraud; and (3) refer such complaints to appropriate entities, including State consumer protection and law enforcement agencies, for potential law enforcement action. Requires the AG to establish and maintain a computer database containing information on corporations and companies convicted of Federal or State telemarketing fraud. Requires such database to be made available to the FTC. Authorizes appropriations.

(Sec. 302) Includes a wire communications facility (facility) utilizing a telephone service within the scope of telemarketing fraud subject to enhanced criminal penalties under the criminal code. Provides that if a common carrier is notified by the AG that a facility furnished by such carrier is being or will be used by a subscriber to transmit or receive a wire communication in interstate or foreign commerce to execute any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent representations, in connection with telemarketing, then the carrier shall discontinue or refuse to lease, furnish, or maintain the facility to such subscriber after reasonable notice to the subscriber.

Title IV: Preventing Health Care Fraud - Includes within Federal injunctive authority against fraudulent actions certain offenses under the Social Security Act relating to false claims and illegal kickback schemes involving Federal health care programs. Amends the Social Security Act to authorize the AG to bring an action to enforce such authority.

(Sec. 402) Includes within the AG's authority to subpoena information involving a Federal health care offense any allegation of fraud or false claims (whether criminal or civil) in connection with a Federal health care program as defined under the Social Security Act. Prohibits, during the production of such information, any record that contains personally identifiable information from being disclosed to any person, with exceptions for certain attorneys and government personnel as part of their official functions. Requires court ordered disclosures to be undertaken so as to preserve the confidentiality and privacy of individuals, unless such disclosure is required by the nature of such proceedings. Requires such records to be destroyed within 90 days after their production.

(Sec. 403) Amends the Social Security Act to extend certain antifraud safeguards to the Federal Employees Health Benefits Program.

(Sec. 404) Authorizes grand jury disclosure of matters occurring during an investigation of a Federal health care offense for use in any investigation or civil proceeding relating to fraud or false claims in connection with a Federal health care program.

(Sec. 405) Delegates to the Deputy or an Assistant Attorney General the AG authority to issue civil investigative demands for the production of information relevant to a false claims law investigation. Allows disclosure of such information only upon a showing that such disclosure would assist the Department of Justice in carrying out its statutory responsibilities.

Title V: Protecting Residents of Nursing Homes - Nursing Home Resident Protection Act of 1999 - Provides civil penalties against anyone who knowingly and willfully engages in a pattern of violations that affects the health, safety, or care of individuals in a residential health care facility, and results in significant physical or mental harm to one or more of such individuals, except that any organization shall be fined not more than $2 million per facility. Authorizes the AG to bring an enforcement action. Lists maximum penalty amounts. Authorizes other relief, including equitable and declaratory relief to eliminate a pattern of violations. Prohibits retaliation against any person reporting a condition that may constitute grounds for civil action. Includes information as to such violations within Federal investigative demand procedures.

Title VI: Protecting the Rights of Elderly Crime Victims - Amends Federal civil forfeiture provisions to authorize the AG to retain or transfer forfeited property as restoration to any victim of the offense giving rise to the forfeiture, including a money laundering offense or any offense constituting the underlying specified unlawful activity.

(Sec. 602) Amends provisions of the Controlled Substances Act relating to criminal forfeitures to state that a defendant may not use property subject to forfeiture to satisfy an order of restitution, except when the defendant has no assets other than the property subject to forfeiture. Directs the Government to restore the forfeited property to the victims.

(Sec. 603) Prohibits the use of bankruptcy proceedings to shield illegal gains from false claims brought against the Government. Prohibits the debt arising from such illegal gains from being discharged in bankruptcy proceedings.

(Sec. 604) Authorizes a criminal or civil court, in imposing a sentence on a person convicted of a retirement offense (an offense involving fraudulent gains from another's retirement arrangement), to order such person to forfeit property that constitutes or is derived from proceeds traceable to the commission of such offense.