Health Hippo: Fraud & Abuse

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"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.


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


Federal Register


Code of Federal Regulations


Legislation & Testimony


Cases


News & Reports


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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