What is a healthcare fraud whistleblower?
Healthcare fraud whistleblowers are defined as those who provide information about Medicare fraud, Medicaid fraud, and other healthcare fraud that costs the government money. Their insider information prompts healthcare fraud investigations through “qui tam” (whistleblower) lawsuits that can ultimately stop healthcare fraud. Qui tam lawsuits help return billions of dollars to the government that otherwise would have disappeared. Healthcare whistleblowers are vital for our nation’s healthcare system and patients.
Healthcare whistleblowers also help stop harmful practices that endanger the health and lives of Medicare and Medicaid patients – children, senior citizens, nursing home residents, cancer patients, dialysis patients, and many others.
In addition, qui tam lawsuits can stop healthcare fraud that steals money from TRICARE, the health insurance program for the military.
How common is fraud in the healthcare industry?
More than 8,000 qui tam lawsuits have been filed exposing healthcare fraud. Those whistleblower cases and other False Claims Act cases have helped the government recover more than $43 billion that otherwise would have been lost to fraud. Billions more have been recovered through related criminal fines and by state Medicaid programs as a result of those whistleblower cases.
How much compensation have healthcare whistleblowers been awarded?
Those who have filed “qui tam” lawsuits under the False Claims Act alleging healthcare fraud have been awarded more than $6 billion in whistleblower rewards. The law also provides whistleblowers job protection through provisions that offer recourse to those who suffer job retaliation for whistleblowing.
How can I report fraud in healthcare?
Phillips & Cohen is the nation’s top law firm representing healthcare fraud whistleblowers. For more than 30 years, Phillips & Cohen attorneys have had unmatched success in Medicare and Medicaid whistleblower cases, both in the number of successful qui tam cases as well as the total amount of money recovered.
Our victories in healthcare fraud cases include record-setting settlements with pharma companies GlaxoSmithKline ($3 billion) and Pfizer Inc. ($2.3 billion) as well as major settlements against Davita Healthcare, Quest Diagnostics and many hospitals, medical testing labs and medical device companies.
If you are aware of any Medicare fraud, Medicaid fraud or TRICARE fraud and would like to discuss with an attorney how to proceed as a healthcare whistleblower in your situation, please contact us. Phillips & Cohen works with whistleblowers on a contingency basis, which means there is no payment unless the government recovers funds from the case and pays the whistleblower a reward.
What are the most common types of healthcare fraud?
The following are some common types of healthcare fraud:
- Medicare Advantage risk-adjustment fraud: This occurs when healthcare providers or Medicare Advantage organizations add patient diagnosis codes that are not supported by the patient’s actual medical condition in order to increase risk-adjusted payments from the federal government.
- Medical loss ratio fraud: MLR fraud involves private health care plans that contract with the government to provide healthcare benefits misreport their expenses in order to appear compliant with government requirements that limit spending on administrative expenses or overhead to ensure that most of the government’s money is spent on patient care.
- Off-label marketing by pharmaceutical companies: This involves companies promoting drugs for uses not approved by the FDA, which is prohibited by the Food, Drug, and Cosmetic Act, by providing misleading information to doctors, unlawful kickbacks, and engaging in other unlawful sales tactics.
- Medical devices and implants: Fraudulent conduct involving medical devices may include providing or billing for medically unnecessary or unapproved devices, concealing known defects, or offering financial incentives to physicians or hospitals in return for using a company’s medical device.
- Upcoding, unbundling: Upcoding refers to billing for a higher-level service than was actually provided. Unbundling occurs when procedures that are typically billed together under a single code are separated and billed individually to increase reimbursement. Fraudulent billing can also include billing for a service not provided at all or that did not meet the minimum level required for billing a particular type of service.
- Kickbacks: Kickbacks are any thing of value offered or received to induce the referral of services or patients covered by federal healthcare programs, which is illegal under the Anti-Kickback Statute.
- Stark Law: The Stark Law, or self-referral law, prohibits physicians from referring patients for certain designated health services to entities in which the physician or their immediate family members have a financial interest.
- Lack of medical necessity: Fraud can occur when healthcare providers knowingly bill for treatments, tests, or procedures that are not clinically necessary for the patient, which is of particular concern when done to maximize revenue rather than improve care.
- Telemedicine fraud: As telehealth services grow, so have fraudulent schemes, including billing for telemedicine encounters that never occurred, misrepresenting the nature of services provided, or billing for medically unnecessary services. Remote patient monitoring fraud is one such type of telemedicine fraud.
- Electronic health records (EHR) fraud: This may include kickbacks to use particular EHR vendors, manipulating patient records to justify higher billing, or intentionally designing EHR systems to maximize reimbursement or influence treatment choices.
- Grant or program fraud: This includes misuse of federal or state grant funds, submitting false information to obtain or retain a contract or grant, or diverting public program resources for unauthorized purposes. Medicare Part D fraud is one type of such fraud.