Government-Enabled Patient “Bounty Hunters”

Spider Webbing Technology May Trip-Up Miscreant Doctors

By Dr. David Edward Marcinko; MBA CMP™

HO-JFMS-CD-ROMUnder the Health Insurance Portability Accountability Act (HIPAA), the U. S. Department of Health and Human Service (HHS) have operated an “Incentive Program for Fraud and Abuse Information.”

In this program, HHS pays $100 – $1,000 to Medicare recipients who report abuse in the program.

To assist patients in spotting fraud, HHS has published examples of potential fraud, which include:

  • medical services not provided;
  • duplicated services or procedures;
  • more expenses, services, or procedures claimed for than provided (upcoding/billing);
  • misused Medicare cards and numbers;
  • medical telemarketing scams; and
  • no-medical necessity.

Real Health Fraud Exists

There is no question that real fraud exists. The Office of Inspector General of HHS saved American taxpayers a record $32 billion in 2006, according to Inspector General Glenn A. Fine.  Savings were achieved through an intensive and continuing crackdown on waste, fraud, and abuse in Medicare and over 300 other HHS programs. To discourage flagrant allegations, regulations require that reported information directly contribute to monetary recovery for activities not already under investigation.  For the DRA in 2009, this includes the following:

  • promoting state False Claims Acts (section 6032);
  • enhancing the Fair and Accurate Credit Transaction Act, with “red flags” (PL 108-159); see http://www.gpo.gov/fdsys/pkg/PLAW-108publ159/content-detail.html
  • employee education about false claims recovery (section 6033);
  • augmenting the Medicaid Integrity Program (section 6034);
  • enhancing third party recovery (section 6035); and
  • “mining” medical claims for potential fraud with the help of sophisticated computer technology algorithms – called “spider-webbing” – which locate a common insurance claim denominator and then follow the thread throughout claims review. Indicators of  possible fraud include doctors charging more than peers; providers who administer more tests or procedures per patient; providers who conduct medically “unlikely” procedures; providers who bill for more expensive procedures and equipment when there are cheaper options; and patients who travel long distances for treatment.

Assessment

CMS and private companies are able to save far more money by detecting fraud before claims are paid than recovering the money after the factAnd so, a further erosion of patient confidence can be expected as CMS, and private insurers, assume the “bounty hunter” view of healthcare providers.

Conclusion

Of course, your thoughts and comments on this Medical Executive-Post are appreciated. Do you feel like the hunter; or the hunted? Tell us what you think? Do you ever – or never –  fear the spider? Feel free to review our top-left column, and top-right sidebar materials, links, URLs and related websites, too. Then, be sure to subscribe to the ME-P. It is fast, free and secure.

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For details about how to report an abuse, see www.usdoj.gov/oig/FOIA/hotline.htm.

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5 Responses

  1. More on emerging Medicare fraud, from the real bad guys:

    http://www.msnbc.msn.com/id/33196132/ns/us_news-crime_and_courts

    Kit

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  2. Doc Disciplinary Actions Jump: Report

    The Federation of State Medical Boards reports a sharp increase in disciplinary actions taken against physicians, as the number of such actions jumped by 6% in 2009 compared with the 1% increase seen the year before. The annual report summarizing disciplinary actions against physicians by 70 medical and osteopathic boards across the country found a total of 5,721 actions taken against doctors in 2009, an increase of 342 from the prior year. In 2008, the number of such actions increased by 60.

    Looking at percentage changes in the index, the New Hampshire and South Dakota medical boards saw the highest relative increases in their indexes, with both states more than doubling their disciplinary actions to 16 from seven the year before. The only other state whose index more than doubled was Nebraska, where the medical board handed out 69 actions in 2009 compared with 32 the year before.

    Source: Joe Carlson, Modern Healthcare [4/1/10]

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  3. IG Releases Its Semi-Annual Enforcement Report

    The HHS Office of Inspector General expects Medicare and Medicaid recoveries for the first half of fiscal year 2010 to reach more than $3 billion, OIG says in its Semi-annual Report to Congress, released June 14. The recoveries for October 2009 through March 2010 include about $667 million from audits and $2.5 billion from investigations, OIG says.

    So far in FY 2010, which ends Sept. 30, OIG has excluded 1,935 individuals and entities, which means they can’t participate in federal healthcare programs. It also reports 293 criminal actions and 164 civil cases. To read the entire report, go to oig.hhs.gov and click on “What’s New.”

    Source: Report On Medicare Compliance [6/21/10]

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  4. Lawmakers Rip Waste in Anti-fraud Programs

    Senators criticized the “mind-boggling” waste in Medicaid anti-fraud programs that cost $80 million more than they recovered, as the Obama administration identified five steps to address the problem.

    At a Thursday hearing, members of the Senate Homeland Security and Government Affairs Federal Financial Management Subcommittee criticized the recently revealed finding of the Government Accountability Office that from June 2007 through February 2012 the CMS paid fraud contractors at least $102 million, but they found less than $20 million.

    Source: Rich Daly, Modern Healthcare [6/14/12]

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  5. Criminal Penalties for Acts Involving Federal Healthcare Programs

    Individuals and entities are prohibited from “knowingly and willfully” making false statements or representations in applying for benefits or payments under all federal and state healthcare programs. Individuals also are prohibited from fraudulently concealing or failing to disclose knowledge of an event relating to an initial or continued right to benefits or payments.

    There is also a prohibition against knowingly and willingly soliciting or receiving any remuneration (including any kickbacks, bribes, or rebates) directly or indirectly, in cash or in kind, in exchange for referrals. Violations may result in a felony conviction, with penalties including imprisonment for up to five years and a fine of up to $25,000.

    In addition, there can be civil money penalties assessed of up to $50,000 for each occurrence of illegal remuneration for referrals.

    Judge

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