Health Hippo: Fraud &
Abuse
- US
CODE
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- HIPAA || BALANCED BUDGET
ACT
"The health care anti-fraud landscape is
critically different today than in the very recent past. Health care
fraud is higher on the list of priorities for federal law
enforcement. Cases like the ongoing Columbia/HCA investigation and
the recent SmithKline Beecham government settlement demonstrate the
power and monetary impact of active fraud investigations. To assist
in this battle, recent legislation provides new law enforcement
investigative tools and additional resources. Within this landscape
of aggressive, coordinated anti-fraud activity, managed care has
created a wildly changed health care market place structure in which
to fight fraud. Legislation and this new business environment also
have created substantial new opportunities for payers with aggressive
fraud-fighting skills. And the expanded emphasis on fraud-fighting at
all levels of law enforcement also means new risks for payers in
conducting their primary business activities.
What do all these developments mean for payers?
My goals in these materials is to provide information on the
current developments in traditional fraud-fighting activity, and also
to raise awareness of new areas where fraud activities should be
integrated with ongoing business operations. On the whole, these
developments mean that much broader attention should be paid to
anti-fraud activities, because the impact of fraud affects such a
wide range of payer business activities."
- Article:
New Anti-Fraud
Challenges for Health Care Payers
- © 1998
Kirk J. Nahra
- Wiley, Rein
& Fielding
"On August 7, 1997, in an effort to address some areas of
concern that may have led to the investigations by certain
government agencies, management of Columbia/HCA announced several
significant steps it plans to take to redefine the company's approach
to a number of business practices. Some of these steps include
elimination of annual cash incentive compensation for the company's
employees, divestiture of the home health care business,
discontinuing sales of interests in hospitals to physicians and the
unwinding of existing physician interests in hospitals.
Even these steps, if successfully
implemented, will not insulate Columbia/HCA from the expansive
scope of the Federal Anti-Kickback Statute (42 U.S.C.
§1320a-7b(b)) and the Federal Anti-Referral Law commonly known
as "Stark" (42 U.S.C. §1395nn)."
- Article:
Submerged
Safe Harbors Against Stark Attacks
- © 1997
Scott C. Withrow.
- Withrow,
McQuade & Olsen
-
Don't believe there's really much fraud in health care?
Check out these DOJ and OIG press releases on
fraud settlements for late 1996 and 1997,
learn more about Operation Restore Trust,
or view the GAO reports on fraud and
abuse. And they're just getting started!
The Clinton Administration awarded more
than $2.25 million in grants for new programs to complement
Medicare's ongoing anti-fraud efforts. The grants were funded
pursuant to the Health Insurance Portability and Accountability
Act (HIPAA). These funds are in addition to over $1 billion
appropriated to HHS, FBI and OIG over the next five years to
combat health care fraud and abuse. The grants are being
distributed to nine state agencies (Alabama, California, Colorado,
Nebraska, New York, North Carolina, Pennsylvania, Tennesee and
Wisconsin), the District of Columbia, the Department of Defense,
and the Internal Revenue Service. The grants will cover the cost
of audits, inspections, equipment, provider evaluations,
investigations, prosecutions and consumer education.
An additional 15 anti-fraud grants totaling
$750,000, will be administered through state offices on aging
in Arizona, Colorado, California, Florida, Georgia, Illinois,
Massachusetts, Missouri, New York, Ohio, Pennsylvania, Texas,
Tennesee, Virginia and Washington. See
Clinton
Administration Releases Grants to Fight Fraud and Abuse
The "Accountability" in HIPAA. The federal government is
gearing up to enforce health care fraud and abuse laws through
appropriations from last year's Health Insurance
Portability and Accountability Act (HIPAA). The FBI is
appropriated $434 million over five years for this program. DHHS and
the Attorney General are appropriated $104 million in 1997, with
increases of 15% until the year 2003. Approximately 60-70% of the
DHHS appropriations go directly to the Office of the Inspector
General.
"When Willie Sutton was
asked why he robbed banks, he responded:
`Because that's where the money is.' Today's criminals
continue to be attracted to where the money is -- in health
care. State officials in Florida report that
drug traffickers are changing professions because the money is bigger
in health care fraud and the risk is less."
"GAO estimates that fraud and
abuse in the health care industry
accounts for an estimated 10 percent of our yearly private and public
expenditures. In 1994, this would have approached $94 billion. That
amounts to approximately $258 million a day or $11 million every
single hour."
--Hon. Fortney Pete
Stark, June 22, 1995, Cong.Rec. Page
E1309 (Introducing HR
1912, Health Care Fraud Prevention and Paperwork Reduction Act of
1995 (a bill to deter and penalize
health care fraud and abuse and to simplify the administration of
health benefit plans)). Summary of
fraud and abuse provisions in the Health Insurance Portability and
Accountability Act.
U.S.
CODE
Health
Insurance Portability and Accountability Act
TITLE II--PREVENTING HEALTH CARE FRAUD AND
ABUSE.
- Subtitle A--Fraud and Abuse Control Program
- Sec.
201. Fraud and abuse control program.
- Sec.
202. Medicare integrity program.
- Sec.
203. Beneficiary incentive programs.
- Sec.
204. Application of certain health antifraud and abuse
sanctions to fraud and abuse against Federal health care
programs.
- Sec.
205. Guidance regarding application of health care fraud
and abuse sanctions.
- Subtitle B--Revisions to Current Sanctions for Fraud and Abuse
- Sec.
211. Mandatory exclusion from participation in Medicare and
State health care programs.
- Sec.
212. Establishment of minimum period of exclusion for
certain individuals and entities subject to permissive
exclusion from Medicare and State health care programs.
- Sec.
213. Permissive exclusion of individuals with ownership or
control interest in sanctioned entities.
- Sec.
214. Sanctions against practitioners and persons for
failure to comply with statutory obligations.
- Sec.
215. Intermediate sanctions for Medicare health maintenance
organizations.
- Sec.
216. Additional exception to anti-kickback penalties for
risk- sharing arrangements.
- Sec.
217. Criminal penalty for fraudulent disposition of assets
in order to obtain Medicaid benefits.
- Sec.
218. Effective date.
- Subtitle C--Data Collection
- Sec.
221. Establishment of the health care fraud and abuse data
collection program.
- Subtitle D--Civil Monetary Penalties
- Sec.
231. Social Security Act civil monetary penalties.
- Sec.
232. Penalty for false certification for home health
services.
- Subtitle E--Revisions to Criminal Law
- Sec.
241. Definitions relating to Federal health care offense.
- Sec.
242. Health care fraud.
- Sec.
243. Theft or embezzlement.
- Sec.
244. False statements.
- Sec.
245. Obstruction of criminal investigations of health care
offenses.
- Sec.
246. Laundering of monetary instruments.
- Sec.
247. Injunctive relief relating to health care offenses.
- Sec.
248. Authorized investigative demand procedures.
- Sec.
249. Forfeitures for Federal health care offenses.
- Sec.
250. Relation to ERISA authority.
Balanced
Budget Act of 1997
- TITLE IV--MEDICARE, MEDICAID, AND
CHILDREN'S HEALTH PROVISIONS
- Subtitle D--Anti-Fraud and Abuse Provisions and
Improvements in Protecting Program Integrity
- Chapter 1--Revisions To Sanctions for Fraud and Abuse
- Chapter 2--Improvements In Protecting Program Integrity
- Chapter 3--Clarifications And Technical Changes
Federal
Register
- Medicare
and Medicaid Programs; Physicians' Referrals to Health Care
Entities With Which They Have Financial Relationships (Federal
Register: January 9, 1998 (Volume 63, Number 6)). If a physician
or a member of a physician's immediate family has a financial
relationship with a health care entity, the physician may not make
referrals to that entity for the furnishing of designated health
services under the Medicare program, unless certain exceptions
apply.
- Privacy
Act of 1974; Altered System of Records [National Practitioner Data
Bank], [Federal Register: March 17, 1997 (Volume 62, Number
51)] [Notices] [Page 12653-12656]. A proposal to add a new
category of records to the National Practitioner Data Bank for
Adverse Information on Physicians and Other Health Care
Practitioners. HRSA proposes to add specific information on
physicians, practitioners, providers, and other health care
entities which the Office of Inspector General (OIG), HHS has
excluded from participation in and from recovering payment from
the Medicare and Medicaid programs.
- Health
Care Programs, Fraud and Abuse; Intent To Form the Negotiated
Rulemaking Committee for the Shared Risk Exception, [Federal
Register: May 23, 1997 (Volume 62, Number 100)] [Proposed Rules]
[Page 28410-28413]. We have been statutorily-mandated under
section 216 of the Health Insurance Portability and Accountability
Act (HIPAA) of 1996, to establish a negotiated rulemaking
committee in accordance with the Negotiated Rulemaking Act and the
Federal Advisory Committee Act (FACA).
- Medicare
and State Health Care Programs: Fraud and Abuse; Issuance of
Advisory Opinions by the OIG, [Federal Register: February 19,
1997 (Volume 62, Number 33)] [Rules and Regulations] [Page
7350-7360]. In accordance with section 205 of the Health Insurance
Portability and Accountability Act of 1996, this final rule
establishes a new part 1008 in 42 CFR chapter V to address the new
OIG advisory opinion process.
- Publication
of the OIG Model Compliance Plan for Clinical Laboratories,
[Federal Register: March 3, 1997 (Volume 62, Number 41)] [Notices]
[Page 9435-9441]. This Federal Register notice sets forth the
recently issued model compliance plan for clinical laboratories
developed by the Office of Inspector General in cooperation with,
and input from, several provider groups and industry
representatives.
- Health
Care Programs: Fraud and Abuse; Revised PRO Sanctions for Failing
To Meet Statutory Obligations, [Federal Register: April 29,
1997 (Volume 62, Number 82)] [Rules and Regulations] [Page
23140-23144]. This final rule addresses revised procedures
governing the imposition and adjudication of program sanctions,
based on recommendations from State utilization and quality
control peer review organizations (PROs), resulting from enactment
of sections 214 and 231(f) of the Health Insurance Portability and
Accountability Act (HIPAA) of 1996.
- Medicare
and Medicaid Programs; Conditions of Participation for Home Health
Agencies, [Federal Register: March 10, 1997 (Volume 62, Number
46)] [Proposed Rules] [Page 11005-11035]. This proposed rule
revises the existing conditions of participation that home health
agencies must meet to participate in the Medicare program.
- Medicare
Program; Changes Concerning Suspension of Medicare Payments, and
Determinations of Allowable Interest Expenses, 61FR63740
(December 2, 1996)
- Publication
of OIG Special Fraud Alert: Fraud and Abuse in the Provision of
Services in Nursing Facilities, 61FR30623 (June 17, 1996)
- Office
of Inspector General; Statement of Organization, Functions and
Delegations of Authority, 61FR22059 (May 13, 1996)
- Medicare
and State Health Care Programs: Fraud and Abuse; Safe Harbors for
Protecting Health Plans, 61FR2122 (January 25,1996)
- Publication
of OIG Special Fraud Alerts: Home Health Fraud, and Fraud and
Abuse in the Provision of Medical Supplies to Nursing
Facilities, 60FR40847 (August 10, 1995)
- Publication of
OIG Special Fraud Alerts, FR Doc. 94-31157 (December 19, 1994)
Code of Federal
Regulations
Legislation &
Testimony
Cases
- Erickson
v. U.S. (9th Cir., October 5, 1995) (Medicare exclusion while
defendants await appeal in fraud case)
News &
Reports
- Health
Care Fraud Prevention and Detection:Technical Advisory Group
White Paper. Health care fraud schemes range from those committed
by individual providers and/or consumers acting alone, to
broad-based operations conceived for the purpose of committing
fraud.
- Medicare
Home Health Agencies: Certification Process Ineffective in
Excluding Problem Agencies. HEHS-98-29. 31 pp. plus 3
appendices (17 pp.) December 16, 1997.
- Medicare
Home Health Benefit: Congressional and HCFA Actions Begin to
Address Chronic Oversight Weaknesses. T-HEHS-98-117. 12 pp.
March 19, 1998.
- Medicare:
Improper Activities by Mid-Delta Home Health. T-OSI-98-6. 9
pp. plus 1 appendix (1 pp.) March 19, 1998.
- Health
Care Fraud: Information-Sharing Proposals to Improve Enforcement
Efforts (Chapter Report, 05/01/96, GAO/GGD-96-101). GAO
discussed: (1) the extent of federal and state immunity laws
protecting persons who report health care fraud; and (2) evidence
for and against establishing a centralized health care fraud
database.
- Fraud
and Abuse: Providers Target Medicare Patients in Nursing
Facilities (Letter Report, 01/24/96, GAO/HEHS-96-18). GAO
reviewed allegations of fraud and abuse related to services and
supplies provided to nursing facility patients.
- Fraud
and Abuse: Medicare Continues to Be Vulnerable to Exploitation by
Unscrupulous Providers (Testimony, 11/02/95, GAO/T-HEHS-96-7).
GAO discussed challenges Medicare faces in battling fraud and
abuse in the health care system.
- Medicare:
Antifraud Technology Offers Significant Opportunity to Reduce
Health Care Fraud (Letter Report, 08/11/95, GAO/AIMD-95-77).
Pursuant to a congressional request, GAO provided information on
how the Medicare program detects and prevents fraud.
- Health
Care Fraud: Information-Sharing Proposals to Improve Enforcement
Efforts (Chapter Report, 05/01/96, GAO/GGD-96-101). Pursuant
to a congressional request, GAO discussed: (1) the extent of
federal and state immunity laws protecting persons who report
health care fraud; and (2) evidence for and against establishing a
centralized health care fraud database.
- Medicare:
New Claims Processing System Benefits and Acquisition Risks
(Letter Report, 01/25/94, GAO/HEHS/AIMD-94-79). A new system for
processing Medicare claims offers considerable opportunities to
improve Medicare operations and safeguard program dollars.
- Medicare
Transaction System: Success Depends Upon Correcting Critical
Managerial and Technical Weaknesses (Chapter Report,
05/16/97,GAO/AIMD-97-78). Pursuant to a congressional request, GAO
reviewed the Health Care Financing Administration's (HCFA)
acquisition of its Medicare Transaction System.
- Medicare:
Greater Investment in Claims Review Would Save Millions
(Letter Report, 03/02/94, GAO/HEHS-94-35). Given soaring U.S.
health care costs and shrinking budgets for many government
programs, Congress is concerned that Medicare pay only for
appropriate medical services without compromising the quality of
care provided to beneficiaries.
- Medicare:
Inadequate Review of Claims Payments Limits Ability to Control
Spending (Letter Report, 04/28/94, GAO/HEHS-94-42). Medicare
overpayments of millions of dollars are being made because of
inadequate safeguards by contractors who process Medicare claims
and inattention by the federal Health Care Financing
Administration
- Medicare:
Tighter Rules Needed to Curtail Overcharges for Therapy in Nursing
Homes (Letter Report, 03/30/95, GAO/HEHS-95-23). Nursing homes
and rehabilitation centers are taking advantage of ambiguous
payment rules and lack of guidelines to bill Medicare at inflated
rates for therapy services.
- Medicare:
Excessive Payments for Medical Supplies Continue Despite
Improvements (Letter Report, 08/08/95, GAO/HEHS-95-171). In
fiscal year 1994 alone, Medicare was billed over $6.8 billion for
medical supplies.
- Medicare
Spending: Modern Management Strategies Needed to Curb Billions in
Unnecessary Payments (Letter Report, 09/19/95,
GAO/HEHS-95-210). Pursuant to a congressional request, GAO
examined Medicare's vulnerability to provider exploitation and
ways to remedy Medicare fraud and abuse.
- Medicare:
Home Health Utilization Expands While Program Controls
Deteriorate (Letter Report, 03/27/96, GAO/HEHS-96-16).
Pursuant to a congressional request, GAO examined the growth in
the use of Medicare home health benefits.
- Fraud
and Abuse: Providers Target Medicare Patients in Nursing
Facilities (Letter Report, 01/24/96, GAO/HEHS-96-18). Pursuant
to a congressional request, GAO reviewed allegations of fraud and
abuse related to services and supplies provided to nursing
facility patients.
- Medicare:
Millions Can Be Saved by Screening Claims for Overused
Services (Letter Report, 01/30/96, GAO/HEHS-96-49). GAO
provided information on Medicare payments for unnecessary medical
services.
- Medicare:
Private Payer Strategies Suggest Options to Reduce Rapid Spending
Growth (Testimony, 04/30/96, GAO/T-HEHS-96-138). GAO discussed
strategies to curb Medicare spending, which has grown by over 10
percent a year since 1989, twice the rate of the national economy.
- Medicare:
Early Resolution of Overcharges for Therapy in Nursing Homes is
Unlikely (Letter Report, 08/16/96, GAO/HEHS-96-145). Pursuant
to a congressional request, GAO reviewed the Health Care Financing
Administration's (HCFA) progress in curbing overbilling for
occupational speech and physical therapy services.
- Fraud
and Abuse: Providers Excluded From Medicaid Continue to
Participate in Federal Health Programs (Testimony, 09/05/96,
GAO/T-HEHS-96-205). GAO discussed whether the Department of Health
and Human Services' (HHS) Office of Inspector General's (OIG)
process for removing fraudulent health care providers from all
federal health programs.
- Medicare
HMOs: HCFA Can Promptly Eliminate Hundreds of Millions in Excess
Payments (Letter Report, 04/25/97, GAO/HEHS-97-16). Pursuant
to a congressional request, GAO provided information on Medicare's
rate-setting method for paying risk contract health maintenance
organizations.
- Medicaid
Fraud and Abuse: Stronger Action Needed to Remove Excluded
Providers From Federal Health Programs (Letter Report,
03/31/97, GAO/HEHS-97-63). Pursuant to a congressional request,
GAO reviewed the Department of Health and Human Services (HHS)
Inspector General's (OIG) process for excluding providers from
federal health care programs.
- Medicare:
Need to Hold Home Health Agencies More Accountable for
Inappropriate Billings (Letter Report, 06/13/97,
GAO/HEHS-97-108). Pursuant to a congressional request, GAO
reviewed Medicare's ability to detect and prevent inappropriate
payments to home health agencies.
- Nursing
Homes: Too Early to Assess New Efforts to Control Fraud and
Abuse (Testimony, 04/16/97, GAO/T-HEHS-97-114). GAO discussed
the challenges that exist in combating fraud and abuse in the
nursing facility environment.
- Medicare:
Allegations Against ABC Home Health Care (Letter Report,
07/19/95, GAO/OSI-95-17). In response to a congressional request,
GAO investigated allegations against ABC Home Health Care, a home
health agency (HHA), and its participation in the Medicare home
health care program.
- Electronic
Benefits Transfer: Use of Biometrics to Deter Fraud in the
Nationwide EBT Program (Letter Report, 09/29/95,
GAO/OSI-95-20). The National Performance Review recommended in
1993 that the federal government consider paying individuals by
using electronic rather than paper means.
- Investigators'
Guide to Sources of Information (Other Written Prod.,
04/01/97, GAO/OSI-97-2). GAO presented an investigative tool for
identifying sources of information about people, property,
business, and finance.
- Medicare
Claims Billing Abuse: Commercial Software Could Save Hundreds of
Millions Annually (Testimony, 05/05/95, GAO/T-AIMD-95-133).
With an investment of only $20 million in off-the-shelf commercial
software, Medicare could save nearly $4 billion over five years by
detecting fraudulent claims by physicians--primarily manipulation
of billing codes.
- Medicare:
Modern Management Strategies Could Curb Fraud, Waste, and
Abuse (Testimony, 07/31/95, GAO/T-HEHS-95-227). Medicare's
vulnerability to waste, fraud, and abuse stems from several
factors.
- Medicare:
Excessive Payments for Medical Supplies Continue Despite
Improvements (Testimony, 10/02/95, GAO/T-HEHS-96-5). GAO
discussed Medicare payments for medical supplies.
- Fraud
and Abuse: Medicare Continues to Be Vulnerable to Exploitation by
Unscrupulous Providers (Testimony, 11/02/95, GAO/T-HEHS-96-7).
GAO discussed challenges Medicare faces in battling fraud and
abuse in the health care system
- Medicare
Claims: Commercial Technology Could Save Billions (Letter
Report, 05/05/95, GAO/AIMD-95-135). Pursuant to a congressional
request, GAO reviewed the Health Care Financing Administration's
(HCFA) potential use of commercial technology to detect Medicare
billing errors.
- Health
Care Fraud: Information-Sharing Proposals to Improve Enforcement
Efforts (Chapter Report, 05/01/96, GAO/GGD-96-101). Pursuant
to a congressional request, GAO discussed: (1) the extent of
federal and state immunity laws protecting persons who report
health care fraud; and (2) evidence for and against establishing a
centralized health care fraud database.
- Medicare:
New Claims Processing System Benefits and Acquisition Risks
(Letter Report, 01/25/94, GAO/HEHS/AIMD-94-79). A new system for
processing Medicare claims offers considerable opportunities to
improve Medicare operations and safeguard program dollars.
- High
Risk Series: Medicare Claims [HR-95-8]
- U.S.
Attorneys: More Accountability [GGD-95-150]
- Medicaid:
A Program Highly Vulnerable to Fraud [T-HEHS-94-106]
Operation Restore
Trust
- DOJ:
2-24-97 - DOJ and HHS Highlight Latest Efforts to Fight Fraud by
Clinical Laboratories
- DOJ:
3-06-97 - Statement by AG Reno on Health Care Fraud
- The
Medicare Integrity Program Hmm...might be worth checking out.
- HCFA: Expanded
Operation Restore Trust
- HHS:
Clinton Administration Releases Grants to Fight Fraud and
Abuse
- HHS: Medicare
Fraud Hotline Improved and Expanded
- HHS: Operation
Restore Trust Accomplishments
- HCFA: Fraud
& Home Medical Equipment
- HCFA:
Physician Incentive Regulation
- Medicaid
Fraud and Abuse Information
DOJ/OIG Press
Releases: Fraud Settlements
- OIG:
12-18-96
- Spectra Laboratories agreed to pay $10.1 million to resolve
civil liability under the False Claims Act, the Civil Monetary
Penalties Law and the Medicare/Medicaid Anti-Kickback Law.
- OIG:
11-21-96
- Laboratory Corporation of America (LabCorp) has agreed to pay
$182 million to resolve civil liabilities associated with
submitting false claims for medically unnecessary laboratory
tests.
- OIG:
1-23-97
- Horizon/CMS Healthcare Corporation has paid a total of $5.8
million to resolve civil liability for false claims.
- DOJ:
2-12-97 - California Health Lab Pays U.S. $5.2 Million for
Medicare Fraud
- DOJ:
2-11-97 - U.S. Gets $750,000 for Fraud Claims Against Oklahoma
Hospital
- DOJ:
2-14-97 - Four Health Care Groups Pay U.S. over $2 Million for
Fraud
- OIG:
2-26-97 - Clinical Laboratory Agrees to Pay $325 Million to Settle
False Medicare Claims
- OIG:
3-27-97 - Mental Health Care Executive Pled Guilty in Medicare
Fraud Scheme
- DOJ:
4-10-97 - New Jersey Drug Firm and Owner Sentenced and Fined In
Illegal Pharmaceutical and Money Laundering Scheme
- OIG:
4-14-97 - Chiropractor Sentenced in Fraud Scheme
- OIG:
4-15-97 - Psychologist Convicted of Defrauding Medicare of $2.5
Million
- DOJ:
5-23-97 - Texas Firm Will Pay U.S. $1.3 Million to Settle Fraud
Case in Continuing Federal Investigation of Health Pump
Industry
- DOJ:
5-21-97 - Emcare Inc. To Pay U.S. and States $7.75 Million For
Health Care Billing Fraud, Start Integrity Program
- DOJ:
5-05-97 - Four Firms Will Pay U.S. $12 Million to Settle Health
Care Claims
- DOJ:
5-02-97 - Department of Justice Settles Whistleblower Lawsuit
Against Blue Shield of California for 12 Million Dollars
- DOJ:
6-17-97 - National Laboratory Pays U.S. $700,000 for Medicare
Fraud
- OIG:
7-29-97 - Hospital Firm Pays $12.6 Million to Settle Kickback
Allegations
- DOJ:
8-01-97 -Vendell Healthcare, Inc. To Settle with U.S. and Nebraska
for $1.3 Million for Overbilling Medicaid
Related
Links
HHS
Office of Inspector General ~
HHS/OIG
Press Releases ~
HHS/OIG
Audit Reports ~
HHS/OIG
Inspection Reports ~
HHS/OIG
Advisory Opinions ~
HHS
-- Medicare Beneficiary Advisory Bulletin ~
HNC:
What is Fraud ~
Medical
Ethics: Codes and Policies ~
Taxpayers Against Fraud ~ FraudNet ~
FDA
Publications Catalog-Health Fraud ~
QuackWatch
Home Page ~
NCAHF
Home Page ~
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