Medicare Fraud 101

Medicare Fraud News, Breaking Headlines and Insight from the Qui Tam Perspective

Medicare 101
This site is designed to provide a one-stop overview of Medicare/Healthcare fraud and the latest qui tam related news.

Every year, we lose billions of dollars to fraud in federal and state health care programs. Every dollar we lose to fraud and abuse is a dollar that is not available to provide home care to seniors, to treat HIV and AIDS, to immunize children, and to discover new treatments for cancer and other diseases. Some fraud schemes even pose a direct threat to the health and safety of patients. Many instances of health care fraud sug­gest that existing control systems do not work the way we imagine they should. Often the manner in which schemes are revealed suggests detection is more luck than system. Whistleblower lawsuits have exposed billing by health care providers for services not rendered, billing for products not delivered, misrepresenting services, unbundling services, billing for medically unnecessary services, duplicate billing, increasing units of service which are subject to a payment rate, falsifying cost reports resulting in increased payment to the health care provider, kickbacks, and on and on. Healthcare fraud is still going strong and this blog is intended to keep readers up to date with all healthcare fraud related news and to provide commentary when warranted. This blog also contains an array of laws and regulations concerning healthcare fraud set out in an easy to read format.

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Scooter Store Gets Caught Scooting Medicare

In order to settle allegations that the Scooter Store submitted false claims to Medicare, the New Braunfels, Texas company agreed to pay the federal government $4 million and forego another $13 million in Medicare payments. The payments resolve several lawsuits including a whistleblower complaint from a former Scooter Store employee.  The whistleblower will receive $3.2 million from the government.  According to the Department of Justice, “The Scooter Store engaged in a multimedia advertising campaign to entice beneficiaries to obtain power scooters paid for by Medicare, Medicaid, and other insurers…Instead of the ‘zippy’ power scooters that were advertised, the Scooter Store sold the beneficiaries expensive power wheelchairs that they did not want, need, and/or could not use.”  ”This settlement is part of our ongoing commitment to fighting abuse of Medicare’s durable medical equipment benefit,” said Assistant Attorney General Peter D. Keisler.

To read more click on this story click here  and also see Nolan Law Firm for more information about whistleblowers and medicare fraud.  

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Posted By Marcella Auerbach Responses 5
Category Medicare Fraud Posted May 25th, 2007
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Has Greed Driven Stent Implantation?

The FBI is apparently investigating allegations that a Maryland cardiologist, Dr. John “Jack” McLean was performing unnecessary stent implantations on his patients.  Officials have stated that most of the patients involved are Medicare patients.  On average, Medicare pays between $11,184 to $14,287 for a drug-eluting stent procedure. The investigation which involves the FBI as well as the Health and Human Services  involves whether the procedures were medically necessary and whether alternative methods could have been used to treat blood clots.  Dr. McLean has stated that he has done no wrong and none of his patients are complaining. 
To read more click here or Nolan Law Firm.
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Posted By Marcella Auerbach Responses 0
Category Medicare Fraud Posted May 17th, 2007
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Allegations of False Claims Billings to Medicare Snags HealthEssentials Solutions

The United States has intervened in three whistelblower false claims actions involving HealthEssentials Solutions (HES), a Kentucky-based provider of geriatric care. The company’s nurse practitioners provided services to beneficiaries in nursing homes, assisted living facilities and private homes.  HES had to select on its Medicare claim forms the level of service and location where the service was provided. The accusations specifically claim upcoding by HES to obtain a higher reimbursement from Medicare.  Further, it is alleged that HES charged Medicare for unnecessary services. “The government’s intervention in this case demonstrates the Department’s continued commitment to stamp out fraudulent practices that threaten the integrity of the Medicare Trust Fund,” said Assistant Attorney General Peter D. Keisler, of the Department of Justice’s Civil Division.
To read more click here, or visit our website at.
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Posted By Marcella Auerbach Responses 0
Category Medicare Fraud Posted April 30th, 2007
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$50 Million Medicare Fraud Surrounds Clinics, Pharmacies and Durable Medical Equipment Companies

The owner of three Miami, Florida medical equipment companies was convicted by a jury of Medicare fraud with sentencing scheduled for June 12th.  This prosecution was part of a greater scheme which included kickbacks involving 23 clinics, 3 pharmacies and 3 durable medical equipment companies.  According to R. Alexander Acosta, U.S. Attorney for the Southern District of Florida, the Medicare program was billed for more than $20 million with over half the money kicked back to six of Aguera’s co-defendants in exchange for bringing patients to the pharmacies.  Patients were also paid for access to their Medicare information and for purchasing phony prescriptions from corrupt doctors to provide to the pharmacies.  In addition, the three Miami pharmacies involved—Lily’s Pharmacy, Unimed Pharmacy and Prestige Pharmacy illegally compounded non-FDA approved medicine and then billed Medicare.  To read more click here: 

and for more information about Medicare Fraud click here.

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Posted By Marcella Auerbach Responses 0
Category Medicare Fraud Posted April 9th, 2007
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Did Medicare Fraud Settlement Cause A New Jersey Hospital To Close Its Doors?

The future of Saint Barnabas Health Care System has now become certain; it has decided to close Union Hospital in Union, New Jersey.  The Vice President of Saint Barnabas Health Care System denied that the hospital’s deficit had anything to do with the $265 million settlement Saint Barnabas agreed to pay in the wake of, what federal prosecutors called “one of the most lucrative Medicare fraud schemes in the nation’s history.”  Administrators said that the closing will leave a void in the community.  

To read more about this story click here. To read more about Medicare fraud, click here.

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Posted By Marcella Auerbach Responses 0
Category Medicare Fraud Posted March 23rd, 2007
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Medical Biller Nabbed in Medicare Fraud Scheme

An owner of All Medical Billing Solutions, Inc (All Medical Billing) located in Miami, Florida, was sentenced to 10 years imprisonment after being convicted of conspiracy to defraud Medicare, pay health care kickbacks and laundering health care fraud proceeds.  Sotto’s company submitted fraudulent Project New Hope (a Miami HIV medical clinic) claims to Medicare in excess of $2.8 million and Sotto received more than $600,000 in fraud proceeds.  Five co-defendants previously plead guilty before trial and received sentences fom probation to over seven years incarceration.  To read more on this article click here, or to learn more about healthcare fraud qui tam click here.

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Posted By Marcella Auerbach Responses 0
Category Medicare Fraud Posted March 20th, 2007
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New York Hospital Appears to be Under Investigation for Possible Health Care Fraud and Kickbacks

 

Westchester Medical Center received a subpoena on January 31, 2007 from Office of Inspector General of the U.S. Department of Health and Human Services, asking for information going back to 1997, primarily related to the hospital’s relationships with its doctors.  Under Stark and  anti-kickback laws, hospitals are not permitted to give physicians inducements for patient referrals.  

To see the full story click here or to learn more click here.   

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Posted By Marcella Auerbach Responses 3
Category Medicare Fraud Posted March 14th, 2007
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Radiology Center Kickbacks Are A Nationwide Problem

The Illinois Attorney General intervened on January 18, 2007 in a lawsuit against a number of Chicago radiology centers (including MIDI, LLC, a Virginia company that operates 13 Open Advanced MRI facilities in Illinois) over their payments of kickbacks to referring doctors. The physicians allegedly would enter into sham lease agreements with the radiology centers allowing them to pay a reduced rate for MRI and CT scans, charging the patient?s insurance that higher rate and then pocketing the difference. “Illinois has a clear policy against kickbacks, and making payments to doctors for referral of patients is illegal, no matter how those payments are disguised,” Attorney General Lisa Madigan said in our statement. “Our investigation revealed evidence showing that this practice occurs among doctors and radiology centers in Illinois. This is an illegal practice that must stop.” While only 11 companies that operate MRI centers were named in the lawsuit, the Attorney General’s Office believes this fraudulent scheme stretches “beyond Illinois and across the country.”

To read more about the story, click here.

To read more about Medicare fraud and kickbacks, click here.

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Posted By Marcella Auerbach Responses 0
Category Medicare Fraud Posted January 26th, 2007
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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 Responses 1
Category Medicare Fraud Posted December 28th, 2006
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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 Responses 0
Category Medicare Fraud Posted November 30th, 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