• Home
  • Politics
  • Health
  • World
  • Business
  • Finance
  • Tech
  • More
    • Sports
    • Entertainment
    • Lifestyle
What's Hot

EXCLUSIVE: ‘The Man She Is Today’: European Companies Accused Of ‘Importing’ Woke Ideology

May 29, 2025

‘The Economy Is On Fire!’: Kevin O’Leary Drops Fact Check On CNN Panelists Railing Against Trump’s Economy

May 29, 2025

DeSantis Signs Bill Making Gold And Silver Legal Tender

May 28, 2025
Facebook Twitter Instagram
  • Contact
  • Privacy Policy
  • Terms & Conditions
Saturday, May 31
Patriot Now NewsPatriot Now News
  • Home
  • Politics

    Security video shows brazen sexual assault of California woman by homeless man

    October 24, 2023

    Woman makes disturbing discovery after her boyfriend chases away home intruder who stabbed him

    October 24, 2023

    Poll finds Americans overwhelmingly support Israel’s war on Hamas, but younger Americans defend Hamas

    October 24, 2023

    Off-duty pilot charged with 83 counts of attempted murder after allegedly trying to shut off engines midflight on Alaska Airlines

    October 23, 2023

    Leaked audio of Shelia Jackson Lee abusively cursing staffer

    October 22, 2023
  • Health

    Disparities In Cataract Care Are A Sorry Sight

    October 16, 2023

    Vaccine Stocks—Including Pfizer, Moderna, BioNTech And Novavax—Slide Amid Plummeting Demand

    October 16, 2023

    Long-term steroid use should be a last resort

    October 16, 2023

    Rite Aid Files For Bankruptcy With More ‘Underperforming Stores’ To Close

    October 16, 2023

    Who’s Still Dying From Complications Related To Covid-19?

    October 16, 2023
  • World

    New York Democrat Dan Goldman Accuses ‘Conservatives in the South’ of Holding Rallies with ‘Swastikas’

    October 13, 2023

    IDF Ret. Major General Describes Rushing to Save Son, Granddaughter During Hamas Invasion

    October 13, 2023

    Black Lives Matter Group Deletes Tweet Showing Support for Hamas 

    October 13, 2023

    AOC Denounces NYC Rally Cheering Hamas Terrorism: ‘Unacceptable’

    October 13, 2023

    L.A. Prosecutors Call Out Soros-Backed Gascón for Silence on Israel

    October 13, 2023
  • Business

    EXCLUSIVE: ‘The Man She Is Today’: European Companies Accused Of ‘Importing’ Woke Ideology

    May 29, 2025

    ‘The Economy Is On Fire!’: Kevin O’Leary Drops Fact Check On CNN Panelists Railing Against Trump’s Economy

    May 29, 2025

    DeSantis Signs Bill Making Gold And Silver Legal Tender

    May 28, 2025

    John Deere Announces $20 Billion Plan To Build Up American Manufacturing

    May 28, 2025

    EV Startup Promised To Cut China Ties — Then Reportedly Shared US Data Anyway

    May 27, 2025
  • Finance

    Ending China’s De Minimis Exception Brings 3 Benefits for Americans

    April 17, 2025

    The Trump Tariff Shock Should Push Indonesia to Reform Its Economy

    April 17, 2025

    Tariff Talks an Opportunity to Reinvigorate the Japan-US Alliance

    April 17, 2025

    How China’s Companies Are Responding to the US Trade War

    April 16, 2025

    The US Flip-flop Over H20 Chip Restrictions 

    April 16, 2025
  • Tech

    Cruz Confronts Zuckerberg on Pointless Warning for Child Porn Searches

    February 2, 2024

    FTX Abandons Plans to Relaunch Crypto Exchange, Commits to Full Repayment of Customers and Creditors

    February 2, 2024

    Elon Musk Proposes Tesla Reincorporates in Texas After Delaware Judge Voids Pay Package

    February 2, 2024

    Tesla’s Elon Musk Tops Disney’s Bob Iger as Most Overrated Chief Executive

    February 2, 2024

    Mark Zuckerberg’s Wealth Grew $84 Billion in 2023 as Pedophiles Target Children on Facebook, Instagram

    February 2, 2024
  • More
    • Sports
    • Entertainment
    • Lifestyle
Patriot Now NewsPatriot Now News
Home»Health»Fraud Or Abuse? The Fine Line In Accurate Claim Submission
Health

Fraud Or Abuse? The Fine Line In Accurate Claim Submission

July 16, 2023No Comments6 Mins Read
Facebook Twitter Pinterest LinkedIn Tumblr Email
Fraud Or Abuse? The Fine Line In Accurate Claim Submission
Share
Facebook Twitter LinkedIn Pinterest Email

I begin this tome clearly stating I’m NOT an attorney nor am I deeply versed in healthcare law (I’m in the cohort of “…I know enough to be dangerous…”). However, after 30 plus years in healthcare, I do have a little perspective and experience from both the payer and clinical sides of this rabbit hole. So, I feel in good stead, minimally, to opine on F&A.

Sources put the cost of Medicare fraud between $60 and $300 billion a year. Whatever the number, it’s a lot. Fraud and, to a lesser extent, “abuse,” can be both financially and clinically dangerous. We often contemplate “fraud” as someone willfully absconding with ill-gotten gains from taxpayers (through intentionally wrongfully billing Medicare and/or Medicaid). But aside from the financial shenanigans involved, fraud can have clinically deleterious results (e.g. death – longer story for another article – maybe).

For someone who still has an actual dictionary on his desk, let’s begin with some facile definitions and level setting (from The American Heritage College Dictionary):

Fraud: n. 1. A deception deliberately practiced to secure unfair or unlawful gain.

Abuse: v. 1. To use wrongly or improperly; misue.

Abuse

Let’s first consider “abuse,” arguably the lesser of the two evils. In a general sense in healthcare, and in decidedly non-legal jargon, you made a mistake and/or billed incorrectly. No real design or reason; you simply made a mistake, received bad advice, or the new equipment vendor gave you the wrong CPT codes to bill and you simply went with it. While this is ultimately on you, as the billing provider/clinician, it wasn’t necessarily done intentionally. Whatever the case, there was no willful or wanton attempt to generate extra money or ill-gotten gains by sticking it to the “man” (e.g. Medicare). You simply made an unforced error.

See also  Rapinoe and Morgan 'Disingenuous,' 'Virtue-Signaling' with Claim to Be OK Transgender Athletes in Women's Sports

I worked with a client (“X”) who’d incorrectly billed a certain diagnostic study for several years. The delta between the accurate allowable amount and what they received in reimbursement was $250 per study. E.g. Medicare reimbursed $450 for this correctly billed outpatient diagnostic study while the clinic was receiving $700 per study from inaccurately billing. This went on for three years times 8 studies per day times two locations. Turned into some real money. Was it fraud? Not necessailry. Someone just didn’t understand the nuance of the CPT codes and clinicains were simply delighted to augment their daily dose of E&M care with real-time diagnostics, so they jumped in and didn’t look back.

While I didn’t think this was fraud, I punted to qualified legal counsel to offer some input, insight, and advice. Rule of thumb: if ever in this quandary, find qualified counsel to offer attorney/client coverage and arm’s length protection – let them offer counsel and input; serve as go-between/conduit. As is the case with everything healthcare legal, do NOT hire your cousin Jim who just passed the Bar. If he doesn’t know healthcare law, he shouldn’t go anywhere near this issue.

Here’s how we remediated the situation:

We established our relationship with counsel. This offered us insight into this world from someone who lived and breathed these issues daily and across the country. Her counsel was what was needed; the client was nervous and unsure about what was going to happen.

Via counsel, and at Medicare’s behest, we:

· ran X’s patient history identifying all patients X had performed this test on by payor

See also  Hepatitis C has a cure — but many Americans still lack access to it

· delineated the reimbursement received vs. what X should’ve received had X billed accurately (which involved multiple provider fee schedules since the reimbursement rate changed year over year)

· identified how X was going to avoid this issue in the future (e.g. accurate coding of the study, compliance follow up, etc.)

· we identified all patients, performed the math, and told Medicare what we thought was owed in a refund to the program

· via our counsel they said “….sounds good…” and asked X to stroke a check north of $600,000, and

· X then performed these activities for all other payors

· Medicare was satisfied and there were no programmatic penalties for X.

Net/net, while this was not fraud, and the owners, who were under an equal-share comp model, each took a $200k haircut in salary, X fessed up and made it right. X never heard from Medicare again. Thus, “abuse.”

Fraud

To my way of thinking “fraud” is the intentional misrepresentation of services performed knowing it’s wrong but either finding work-arounds or simply intentionally billing inaccurately. (Services/supplies that weren’t performed/provided, different CPT codes used to get a thing paid, etc.). For instance, in the early ‘90s, Medicare was on the lookout for a certain specialty that was clipping toenails of Medicare recipients, putting a little cut on a toe, then billing for minor surgery. Toe nail cutting was not reimburseable; minor surgery was. By the way, I’m impugning a specialty and this is not to suggest that this specialty, en masse, colluded to do this. However, this was something that Medicare contractors had on their radar. To be candid, I did not see those claims/data but that is my understanding. To me, kinda feels like fraud.

See also  FTC Orders Supplement Company to Pay Fine for Hijacking Amazon Reviews

Next example is this recent gem listed in the Sioux City Journal. In lieu of legal ramblings here, this article alleges that a chiropractor utilized a P-Stim device that was generally attached to patients via an adhesive (non-invasive). Apparently Medicare doesn’t cover this. So the chiropractor in question billed for the surgically implanted code and, aledgedly, actually texted the sales rep asking if there was a daily limit to P-Stim deployment because he didn’t want to stand out on Medicare’s radar. I guess fraud?

Another consideration for clinicians: remember that your staff can serve as Qui Tam whilstleblowers. In other words, if they see some nefarious goings-on, they can rat you out to the government. If the government takes the case, the whistleblower can receive up to 30% of recovered monies.

With more sophisticated data analytics and AI-assisted algorithms, these data/billing “trends” (e.g. minor surgery by Provider Type 12) are easier to mine for fraud analyses. Also, while it may seem “expensive,” a sound external coding review, audit, educational system can go a long way to keeping providers from running afoul of the public, and private, payers. But those who seek to run afoul of Medicare/Medicaid do so at their own peril.

Sioux City JournalIowa chiropractor accused of Medicare fraud exceeding $1 million

abuse Accurate claim Fine Fraud Line Submission
Share. Facebook Twitter Pinterest LinkedIn Tumblr Email

Related Posts

Understanding The Emotional And Physical Impact Of Elder Abuse On Senior Health

April 17, 2025

Tajikistan Criminalizes Electricity Use Fraud Amid Energy Crisis

April 9, 2025

Can You File A Salmonella Claim Without Legal Assistance?

April 8, 2025

Can A Passenger In A Motorcycle Crash File An Injury Claim?

March 18, 2025
Add A Comment

Leave A Reply Cancel Reply

Top Posts

Cowboys vs. Giants Prediction, Odds for NFL Week 1

September 10, 2023

Biden Uses Influencers On TikTok, Which His Admin Is Considering Banning, To Get Out The Vote

April 11, 2023

Wall Street ends down, snaps weekly winning streak on Fed worries

June 25, 2023

Americans’ Trust In Economic Authorities Plummets, Poll Finds

May 9, 2023
Don't Miss

EXCLUSIVE: ‘The Man She Is Today’: European Companies Accused Of ‘Importing’ Woke Ideology

Business May 29, 2025

Consumers’ Research issued a “Woke Alert” on Thursday warning American shoppers that three European companies…

‘The Economy Is On Fire!’: Kevin O’Leary Drops Fact Check On CNN Panelists Railing Against Trump’s Economy

May 29, 2025

DeSantis Signs Bill Making Gold And Silver Legal Tender

May 28, 2025

John Deere Announces $20 Billion Plan To Build Up American Manufacturing

May 28, 2025
About
About

This is your World, Tech, Health, Entertainment and Sports website. We provide the latest breaking news straight from the News industry.

We're social. Connect with us:

Facebook Twitter Instagram Pinterest
Categories
  • Business (4,136)
  • Entertainment (4,220)
  • Finance (3,202)
  • Health (1,938)
  • Lifestyle (1,645)
  • Politics (3,084)
  • Sports (4,036)
  • Tech (2,006)
  • Uncategorized (4)
  • World (3,944)
Our Picks

In Classic Fashion, New York Mets Lose Star Player Edwin Diaz To Serious Knee Injury Due To Celebration

March 17, 2023

Hims & Hers’ New Path For Growth Comes From The Heart

July 31, 2023

Breitbart’s John Nolte on Lizzo’s Downfall

August 12, 2023
Popular Posts

EXCLUSIVE: ‘The Man She Is Today’: European Companies Accused Of ‘Importing’ Woke Ideology

May 29, 2025

‘The Economy Is On Fire!’: Kevin O’Leary Drops Fact Check On CNN Panelists Railing Against Trump’s Economy

May 29, 2025

DeSantis Signs Bill Making Gold And Silver Legal Tender

May 28, 2025
© 2025 Patriotnownews.com - All rights reserved.
  • Contact
  • Privacy Policy
  • Terms & Conditions

Type above and press Enter to search. Press Esc to cancel.