These laws are intended
to prevent conflicts of interest and ensure that patient care practices are free from financial incentives
. Federal “fraud and abuse” law is actually a compilation of several laws, including the Federal Anti-Kickback Statute, the Stark Law, and the False Claims Act.
Why do people commit health care fraud?
The highest reason for committing fraud is
the fee-for-service payment system where providers are tempted to perform or bill for unnecessary services
. The next reason is the lack of a uniform fraud prevention law. There are at least five major Federal laws designed to combat fraud.
Why is healthcare fraud and abuse a significant problem?
Fraud, waste and abuse
diverts significant resources away from necessary health care services
, which results in paying higher co-payments and premiums, and other costs. Fraud can also impact the quality of care you receive and even deprive you of some of your health benefits.
What is the healthcare fraud act?
Health Care Fraud
§ 1347. By its terms, the statute
punishes anyone who “knowingly and willfully executes, or attempts to execute, a scheme or artifice .
. . to defraud any health care benefit program.”
What is the purpose of the so called Stark Act?
At its most basic level, the Stark Law
prohibits doctors from re- ferring Medicare patients to hospitals, labs, and other physicians for health-care services
if the referring doctor has any direct or in- direct financial relationship with that entity.
What are the major types of healthcare fraud and abuse?
Some of the most common types of fraud and abuse are
misrepresentation of services with incorrect Current Procedural Terminology (CPT) codes; billing for services not rendered
; altering claim forms for higher payments; falsification of information in medical record documents, such as International Classification of …
How does healthcare fraud affect patients?
Fraudulent billing
directly impacts both cost and quality as reflected in higher premiums
, more expensive services, and patients’ potential exposure to unnecessary and risky interventions, such as being prescribed a medication or undergoing surgery without medical necessity.
Is healthcare fraud a crime?
Health care fraud is a
crime
where health care providers or patients intentionally submit, or cause someone else to submit, false or fraudulent claims to health care systems or insurance companies.
Who pays for healthcare fraud?
Congressional legislation requires that health care insurance pay a legitimate claim within 30 days.
The Federal Bureau of Investigation, the U.S. Postal Service, and the Office of the Inspector General
all are charged with the responsibility of investigating healthcare fraud.
How can you protect yourself from nutrition fraud?
- Be informed.
- Protect your private health care and financial information.
- Ask questions and verify the answers you get.
- Report anything suspicious.
What are the elements of healthcare fraud?
For instance, the elements of healthcare fraud (whether Medicare fraud, Medicaid fraud, or TriCare fraud) are that
a defendant (1) knowingly, and (2) willfully, (3) devised a scheme or artifice to defraud a healthcare program, and (4) executed the scheme.
Who investigates health care fraud?
The FBI
is the primary agency for investigating health care fraud, for both federal and private insurance programs. The FBI investigates these crimes in partnership with: Federal, state, and local agencies. Healthcare Fraud Prevention Partnership.
What is the difference between fraud and abuse in healthcare?
What is health care fraud and abuse? Fraud is an intentional deception or misrepresentation of fact that can result
in unauthorized benefit or payment
. Abuse means actions that are improper, inappropriate, outside acceptable standards of professional conduct or medically unnecessary.
What is considered an illegal provider relationship?
Which of the following is considered to be an illegal provider relationship?
Any person or entity who knows, or should have known, of the presentation of a false or fraudulent claim to the government for payment or approval is subject to
.
What are exceptions under Stark?
For example, the following exceptions to the Stark Law require a written, signed agreement:
office space and equipment rental, personal service arrangements, physician recruitment arrangements, group practice arrangements
, and fair market value compensation arrangements.
What is an example of a Stark Law violation?
Entering into contracts with 19 specialist physicians that required the physicians to
refer their outpatient procedures to Tuomey in exchange for bribes. Ignoring and suppressing warnings from attorneys that the physician contracts were “risky” and raised “red flags” Filing more than 21,000 false claims with Medicare.
