Verbs Matter: Overbilling Does Not Equate to Identity Theft

In June, the U.S. Supreme Court adopted a narrow view of what constitutes identity theft under 18 U.S.C. § 1028A in the context of health care fraud, rejecting a two-year sentence enhancement for a man who used a patient's name on a fraudulent Medicaid claim form. The Court found that the statute is only triggered when the "use" of another person's name is "at the crux of what makes the conduct criminal." Check out this Law360 article to find out why the Court’s ruling reduced the identity theft law trigger.

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• Data Security & Privacy State Law Comparison Tool—Topic: Identity Theft
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• Identity Theft Overview (Federal)
  Read up on key federal identity theft laws, including those making identity theft a criminal               offense, as well as those related to protecting consumers and victims of identity theft.

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