Medicare Fraud 101

 

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How to be a Successful Whistleblower Under the False Claims Act and Still Have Money for Lunch

A corporate insider is in a unique position to know the details about how their employer has cheated the United States Government. Nothing beats the knowledge an insider can impart. Whistleblowers are the real heroes in the fight against fraud. The person (plaintiff) who brings an action under the False Claims Act is called a “relator.”

The False Claims Act enables people to expose fraud and was originally enacted in 1863 for that very purpose. In general, the False Claims Act covers fraud involving any federally funded contract or program, with the exception of income tax fraud. The healthcare and defense industry have traditionally been the top two areas involving prosecution under the False Claims Act.

The word alone of a whistleblower is simply not enough. A whistleblower needs to organize and collect evidence of the fraud so there is a sound basis of proof to support the allegations.

The types of allegations for which a corporate insider needs evidence under the False Claims Act include corporate involvement on the following:

 

1. Knowingly submitting (or causing the submission of) false or fraudulent claims for payment by the Federal Government. 

2. Knowingly making (or causing to be made) a false record or statement to get a false or fraudulent claim paid or approved by the Federal Government.

3. Knowingly making (or causing to be made) a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit property to the Federal Government.

 

The False Claims Act is intended to reach all fraudulent activity which causes the government to pay out too much money. Some common forms are claims for goods or services not provided, or provided in violation of contract terms, specification, statute, or regulation (such as in conjunction with kickbacks). Each and every claim submitted under a contract or other agreement which was originally obtained by means of false statements, falsities, or in knowing violation of any statute or applicable regulation, constitutes a false claim.

KEEP QUIET AND SHARE YOUR CONCERNS WITH NO ONE until you have spoken with an attorney who specializes in the False Claims Act. Many before you have spoken up only to have become summarily “let go” or demoted. Speak up and you might not have money for lunch at the end of the day.

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Posted By Marcella Auerbach Responces 1
Category Medicare Fraud Posted December 28th, 2006

Medical Supply Company Owner Sentenced for Medicare Fraud

A scheme to defraud Medicare resulted in a three year prison term for the owner of medical supply companies in Kansas City and Raytown, Missouri, who sent claims to Medicare totaling more than $5 million dollars for power wheelchairs but substituted a less expensive motortized scooter to nearly 1,000 beneficiaries. His co-defendants, which included two former physicians, will be sentenced; each facing as much as 10 years in prison and additional fines and restitution.

To read more on this article click here.

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Posted By Marcella Auerbach Responces 0
Category Medicare Fraud Posted November 30th, 2006

The Beat Goes On…Fraud Continues at the University of Medicine and Dentistry of New Jersey

A federal monitor’s report found that the University of Medicine and Dentistry of New Jersey made since 2002, $5.7 million in illegal payments to physicians in exchange for their heart patient referrals. As the result of these patient referrals, physicians were given “no-show” teaching jobs in excess of $150,000 per year. The monitoring system was put in place as the result of oversight put in place by the University to avoid prosecution on multi-million dollar fraud charges. This fraudulent scheme could cost the University as much as $84.5 million for these illegal referrals.
 

The fraudulent activity continues in spite of a $2.2 million settlement paid to a whistleblower in December 2005, who claimed he was fired for objecting to this scheme. The University signed a settlement agreement with the after it was charged with Medicaid fraud involving the double-billing of nearly $5 million worth of procedures.
To read more click here.

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Posted By Marcella Auerbach Responces 0
Category Medicare Fraud Posted November 21st, 2006

Home Health Care Industry Riddled With Fraud

Marietta Diaz, a former employee of Provident Health Care filed a whistleblower lawsuit against her former employer. Diaz claimed that Provident Home Health Care Services, Inc. and Tri-Regional Home Health Care Inc. billed Medicare for home health services that were never provided. Los Angeles Assistant U.S. Attorney Consuelo Woodhead said that this case is not an isolated one and that the home health industry in Southern California has been experiencing serious problems. Woodhead also said this case brought further attention to the scandals in the business. The settlement in this case led to over $33 million being repaid to the government with Diaz receiving over 20.75% of the recovery or $6,847,500.

For more information please click here.

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Posted By Marcella Auerbach Responces 2
Category Medicare Fraud Posted October 30th, 2006

CMS Steps Up Efforts to Ferret Out Fraud -Southern Florida is mentioned

CMS recently announced multiple accomplishments and projects, all designed to reduce fraud and abuse: the Los Angeles office of CMS revoked the billing numbers of 117 providers who had presented false claims or suspicious business operations, saving $200 million, editing the system to stop payment on claims using billing numbers from deceased providers saved another $4 million, and targeted efforts against independent diagnostic testing facilities resulted in revocation of the billing privileges of 83 IDTFs and denied $445 million in claims for “beneficiary sharing.”

CMS also announced that it had expanded its satellite offices in Miami and Los Angeles, “providing additional on-the-ground efforts to identify and report fraud, waste and abuse in Medicare.” In addition, activity in the Miami office has included a cooperative federal/state task force on abuses by independent diagnostic facilities investigating complaints and using site visits, record reviews, administrative actions and data analysis. CMS announced that it and the Florida agencies have referred 400 criminal investigations to law enforcement authorities, revoked the licenses and billing privileges of clinics and practitioners, and added edits to the claims system to “auto deny” claims for medically unbelievable services and flag high-volume claims for particular services. CMS further announced that the U.S. Department of Justice has begun 63 criminal cases and 38 civil cases involving Medicare fraud since October 2005.For more information click here.

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Posted By Marcella Auerbach Responces 0
Category Medicare Fraud Posted October 24th, 2006

California Home Health Care Provider Pays $33.8 Million to Settle Medicare Fraud Claims

In one of the largest Medicare fraud cases in California history, the owner of Tri-Regional Home Health Care and Provident Home Health Services cheated Medicare of approximately $40 million through a network of paid recruiters and falsification of documents. A payroll clerk working for the company filed a qui tam action in the case after she observed envelopes stuffed with cash and was asked to fill out customer satisfaction surveys for home care that was never provided. In addition, the whistleblower alleged that her employer hired marketers to recruit patients for home health services whether they needed it or not. Doctors were allegedly paid for referrals, and recruiters were paid up to $400 for each enrolled patient. For more information please click here.

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Posted By Marcella Auerbach Responces 0
Category Medicare Fraud Posted October 16th, 2006

Dr. Comfort Shoes in an $18 Million Tight Squeeze

Dr. Comfort Shoes (also known as Rikco International LLC) cannot be feeling too comfortable these days. In March of this year, FBI agents executed a search warrant which was unsealed this week, alleging the company located in Mequon, Wisconsin, cheated Medicare of millions of dollars by claiming diabetic shoes and inserts were approved by Medicare for reimbursement when in fact they were not.For more information please click here.

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Posted By Marcella Auerbach Responces 4
Category Medicare Fraud Posted October 10th, 2006

Pediatrix Pays $25 Million for False Billings for Neonatal Critical Care when Patients not Critically Ill

Pediatrix Medical Group, Inc., a network of physician groups who provide medical services in hospital neonatal intensive care units in 32 states has agreed to pay the government over $25 million to settle government claims under the False Claims Act that Pediatrix improperly billed and upcoded reimbursement claims for more expensive treatment than actually provided. Pediatrix billed the government for critical care services when the infants were not critically ill.

To read more click here

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Posted By Marcella Auerbach Responces 0
Category Medicare Fraud Posted October 9th, 2006

Medicare Recipient Gets $18,000 Bill for Services Not Rendered Including Infusion Therapy

A sharp Medicare beneficiary says that Medicare was billed $24,653 and paid $17,956 for services not provided. The billings included 15 office visits and $1,000 injections for HIV and AIDS patients; neither of which the beneficiary needed or received. As a matter of fact, he had never been to the West Miami medical center that billed Medicare for services. According to the newspaper article, federal investigators have said that the most expensive and widespread Medicare fraud in South Florida is infusion therapy for persons with HIV and AIDS. For more information click here.

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Posted By Marcella Auerbach Responces 0
Category Medicare Fraud Posted September 27th, 2006

CMS Administrator Mark McClellan Is Leaving to Join Think Tank

In five weeks, CMS Administrator Mark McClellan is going to leave and focus on improving the health care system in the United States. McClellan is leaving a post he held since March 2004. Previously he was the FDA Commissioner from 2002 through 2004. As part of his job McClellan oversees a federal budget of approximately $600 billion.  Several possible successors are being considered for the post.

To read more, click here.

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Posted By Marcella Auerbach Responces 0
Category Medicare Fraud Posted September 7th, 2006

 

 

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Nolan & Auerbach, P.A. is a qui tam law firm whose practice is uniquely limited to healthcare fraud cases under the qui tam provisions of the False Claims Act. We know healthcare fraud because that's what we do! Toll free: 800-FRAUD 04