Fraudulent medical insurance of more than 3,000 yuan constitutes fraud. According to Article 266 of the Criminal Law, whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
Article 54 of Title VII of China's Civil Code stipulates that if a medical institution and its medical staff are at fault in causing damage to patients in medical activities, the medical institution shall be liable for compensation. Medical institutions shall be liable for compensation if medical personnel fail to fulfill their medical obligations corresponding to the medical level at that time and cause damage to patients. Medical institutions and their medical personnel shall not carry out unnecessary inspections in violation of the norms of diagnosis and treatment. At the same time, Article 266 of China's Criminal Law stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. The legal consequences of medical fraud shall be sentenced to fixed-term imprisonment of not more than three years and fined in accordance with state regulations. If the circumstances are serious, the maximum penalty is life imprisonment. In medical fraud, patients, as vulnerable groups, are at a disadvantage in obtaining evidence and safeguarding rights and need legal aid.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 87 of People's Republic of China (PRC) Social Insurance Law
Social insurance agencies, medical institutions, pharmaceutical trading units and other social insurance service institutions defraud social insurance fund expenditures by fraud, forgery of certification materials or other means, and the social insurance administrative department shall order them to return the defrauded social insurance money and impose a fine of more than 2 times and less than 5 times the amount defrauded; If it belongs to a social insurance service institution, the service agreement shall be terminated; If the directly responsible person in charge and other directly responsible personnel are qualified, their qualifications shall be revoked according to law. Article 88 Anyone who defrauds social insurance benefits by fraud, forgery of certification materials or other means shall be ordered by the social insurance administrative department to return the defrauded social insurance benefits, and shall be fined at least two times but not more than five times the amount defrauded.