Florida health administrator charged in $1B fraud case

http://www.fiercehealthcare.com/finance/florida-health-administrator-charged-1b-fraud-case?utm_medium=nl&utm_source=internal&mrkid=959610&mkt_tok=eyJpIjoiTkdWbE16bGlOMlJrWWpKaSIsInQiOiJWYVwvZWxBWjZGWEREN3BuSHBkNGZHN3ZqUVJNcWVzTVEwRDk5TWV6OVBkQ1RoZGhuVmlRbXFWMmpVMFgyb1NhbDNDeEhtYUVaaEdJVXBZXC9MWEpqUlZcLzR6WU9kQkowUk5OS1hcL1BcL21oSnphRXMrOFwvOHRhekVyQ2dlbktSc2pLdiJ9

Dollars

Bribes paid to a state health administrator are central to one of the biggest healthcare fraud cases to date, according to federal authorities.

The Department of Justice has charged Bertha Blanco, a former employee at Florida’s Agency for Health Care Administration (AHCA) with bribery in connection with a $1 billion Miami fraud case. Federal investigators said Blanco received bribes from Philip Esformes, the CEO of a Miami chain of skilled nursing facilities and assisted-living facilities, and his associates.

Blanco received cash bribes from Medicare and Medicaid providers in exchange for confidential AHCA reports, including patient complaints and unannounced AHCA inspection schedules that were then used to make false Medicare and Medicaid claims, according to DOJ. Blanco did not receive payouts directly from Esformes but through a series of intermediaries, the Miami Herald reports.

Esformes, who made FierceHealthcare’s list of notorious healthcare executives last year, has been charged with fraud and bribery in the case. He has been behind bars in federal prison since July 2016 awaiting a trial set for March 2018.

Assistant Attorney General Leslie R. Caldwell called the scheme “ruthlessly efficient,” with conspirators using a network of corrupt providers to shuffle patients between various healthcare facilities while exchanging kickbacks disguised in various sham agreements, as FierceHealthcare has previously reported.

Blanco’s defense attorney Robyn Blake told the Herald that she is reviewing the DOJ’s evidence before deciding to pursue a full trial or take a plea deal. Blanco was arrested earlier this month and was released on $250,000 bond; she will be arraigned on Sept. 1.

Esformes’ attorneys maintain his innocence, according to the Herald. Two of the Esformes’ alleged co-conspirators have pleaded guilty to Medicare fraud charges, and Michael Pasano, Esformes’ lead attorney, said the pair worked independently without Esformes’  involvement.

Another fraud case: Vanderbilt Hospital settles overbilling suit

In other fraud news, Vanderbilt University Medical Center has paid out $6.5 million to settle a federal lawsuit that alleged the hospital overbilled Medicare and Medicaid, the Associated Press reports.

The suit was brought in 2013 by whistleblowers who claimed the hospital overbilled federal healthcare programs for more than a decade. Vanderbilt’s counsel, Michael Regier, said that the settlement aimed to avoid further costs and distractions related to the suit, according to the article, and that the hospital still disputes the claims in the lawsuit.

The hospital and the feds found no evidence of wrongdoing on Vanderbilt’s part, Regier said.

HHS announces ‘largest fraud takedown in history’

http://www.healthcarefinancenews.com/news/hhs-announces-largest-fraud-takedown-history-charging-400-defendants-schemes-involving-13?mkt_tok=eyJpIjoiTTJVNFlXUTBOR0pqTmpJMSIsInQiOiJ3S01TRnZaWE5GT2NZMG13bGNnMENVdEc0OTRaNHVac1RJemUzNlhBRjY1ckY3dDQ5TCtlM1RqcTN5NHN0NktPU3Vud3dvUTJMM2ZHdG12R0RGaXZ1SzRGVjdYbE9KVFwvcTVwVENVWVdMbFwvYzh4RGlkNlRcLzY0SFZhMmpDZlBwUiJ9

The Department of Health and Human Services Office of Inspector General, state and federal law enforcement executed a massive fraud takedown this month that charged more than 400 defendants in connection with healthcare fraud schemes that involved roughly $1.3 billion in fraudulent billings to government payers including Medicare and Medicaid, the OIG announced.

The takedown is being called the largest in history, both for the number of defendants charged and the amount of money lost, OIG said.

Additionally, OIG issued exclusion notices to 295 doctors, nurses, and other providers related to opioid diversion and abuse. The notices ban participation in or claim submissions to, all Federal healthcare programs.Those who got the notices include 57 doctors, 162 nurses, and 36 pharmacists.

“Takedowns protect Medicare and Medicaid and deter fraud — sending a strong signal that theft from these taxpayer-funded programs will not be tolerated. The money taxpayers spend fighting fraud is an excellent investment: For every $1.00 spent on health care-related fraud and abuse investigations in the last three years, more than $5.00 has been recovered,” OIG said in a statement.

The schemes spanned the entire nation, from Washington to Puerto Rico, and 115 of those charged are medical professionals, specifically doctors and nurses. Among the fraud schemes, a Texas provider was charged with overprescribing narcotics to patients who had no medical need for them, and some of whom died from drug overdoses. The doctor allegedly fraudulently billed Medicare, netting more than $1.2 million in reimbursement. Another scheme involved seven Michigan defendants, including five physicians, who allegedly perpetrated illegal kickbacks and billing for medically unnecessary joint injections, drug screenings, and home health services. One of the defendants owned multiple health-related businesses and allegedly billed Medicare $126 million as part of the fraud scheme.

Another notable fraud case recently announced by the Department of Justice involved a landmark settlement with historically unique requirements. Pharmaceutical manufacturer Mallinckrodt, one of the largest manufacturers of generic oxycodone, agreed to pay $35 million to settle allegations that it violated the Controlled Substances Act when it failed to report “suspicious orders” for controlled substances, as well as record-keeping infractions. The DOJ said that from 2008 until 2011, Mallinckrodt supplied distributors an “increasingly excessive quantity” of oxycodone pills but didn’t notify the DEA of these suspicious orders. The distributors then supplied various U.S. pharmacies and pain clinics.

The DOJ called the settlement groundbreaking for a couple reasons. First, it involves requiring a manufacturer to utilize chargeback and similar data to monitor and report suspicious sales of its oxycodone at the next level in the supply chain. This typically means sales from distributors to independent and small chain pharmacy and pain clinic customers. Also, it requires a parallel agreement with the DEA through which the company will analyze data it collects on orders from customers down the supply chain to identify suspicious sales.

It is clear government agencies and law enforcement are increasingly zeroing in on healthcare fraud, with other notable settlements in recent months with well-known providers related to False Claims Act violations. Those systems include Carolinas Healthcare, Freedom Health, Los Angeles hospital Pacific Alliance Medical Center, Genesis Healthcare, and even Walmart.

Healthcare companies overbilling Medicare targeted by nonprofit whistleblowers group

http://www.healthcarefinancenews.com/news/healthcare-companies-overbilling-medicare-targeted-nonprofit-whistleblowers-group?mkt_tok=eyJpIjoiTlRJM01qYzNNekUzWkRNeCIsInQiOiJpNmdaaVhQY1hiamFJbVwvWFNjSGxPMXVYZ015RmRRUEVDVW9yaHRCNjhkRDBPamIxcTlhaGZvSUN2WTNoOTY4ZXhWZ0hxNVVmWFdWQTg0ejR2eDZCT0Z6UCtjVEw2UytxTGJYMUNiWnpnT0tiUUZzY0RWVjFmZW1cL1dFM2hLUzhGIn0%3D

The outreach was prompted by a Justice Department announcement in June that Genesis Healthcare would pay the federal government more than $53.6M.

The nonprofit Corporate Whistleblower Center is urging a medical doctor in any state to call them if they possess proof a healthcare company is substantially overbilling Medicare for hospice services for people who are not dying. The organization is also interested in hearing about skilled nursing or nursing homes facilities that are billing Medicare as if they are fully staffed when in fact they’re not.

The outreach was prompted by a Justice Department announcement in June that Genesis Healthcare would pay the federal government more than $53.6 million to settle lawsuits and investigations alleging that companies it acquired violated the False Claims Act — submitting false claims to government healthcare programs for medically unnecessary therapy and hospice services, and grossly substandard nursing care.

Allegedly the companies were also billing for hospice services for patients who weren’t terminally ill and were thus ineligible for the Medicare hospice benefit. The companies also allegedly billed inappropriately for certain physician evaluation management services.

Additionally, the settlement resolves allegations that Genesis and its affiliates violated certain essential requirements that nursing homes have to meet to participate in and receive reimbursements from government healthcare programs, and failed to provide sufficient nurse staffing to meet residents’ needs. The whistleblowers will receive a combined $9.67 million as their share of the recovery in this case.

The Corporate Whistleblower Center suspects that similar scenarios have the potential to occur in every state, whether it be a hospital admitting Medicare patients who should not have been admitted, a nursing home billing Medicare as if their Medicare patients are receiving the proper care when they’re not, or a hospice company signing up patients who are not dying.

The group advised potential whistleblowers not to approach the government first, or the news media. It offers help finding law firms to handle the information.

Potential whistleblowers can contact the Corporate Whistleblower Center at 866-714-6466 or at corporatewhistleblower.com.

 

EHR vendor, executives to pay $155M for allegedly misrepresenting software’s capabilities

http://www.beckershospitalreview.com/legal-regulatory-issues/ehr-vendor-executives-to-pay-155m-for-allegedly-misrepresenting-software-s-capabilities.html

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Westborough, Mass.-based eClinicalWorks, an EHR vendor, and some of its executives and employees have agreed to pay $155 million to resolve allegations it violated the False Claims Act, according to the Department of Justice.

HHS offers incentive payments to healthcare provider organizations that demonstrate meaningful use of certified EHR technology. Companies that develop and market EHR software must attest that their software meets certain criteria adopted by HHS and also pass testing by an HHS-approved entity.

The government alleged eClinicalWorks falsely obtained certification for its EHR software by withholding information from its certifying entity. For example, the company allegedly concealed that its software wasn’t able to meet certain criteria for standardized drug codes. Software must be able to retrieve any drug code from a complete database for certification. Instead of disclosing that its software didn’t meet this requirement, eClinicalWorks allegedly hardcoded only the 16 drug codes required for testing directly into its software.

Due to eClinicalWorks’ alleged misrepresentations, healthcare organizations using the company’s software submitted false claims for federal incentive payments, according to the DOJ.

The government also alleged the company paid kickbacks to certain customers in exchange for promoting its product.

Under the settlement agreement, eClinicalWorks and three of its founders — CEO Girish Navani, CMO Rajesh Dharampuriya, MD, and COO Mahesh Navani — will pay $154.92 million to the federal government. A software developer will pay an additional $50,000 and two project managers will each pay $15,000, according to the DOJ.

In addition to the monetary settlement, eClinicalWorks entered into a corporate integrity agreement with HHS’ Office of Inspector General that covers the company’s EHR software.

The allegations against eClinicalWorks were originally brought under the qui tam, or whistle-blower, provisions of the False Claims Act.

DOJ sues UnitedHealth over $1B+ in Medicare claims

http://www.beckershospitalreview.com/payer-issues/doj-sues-unitedhealth-over-1-billion-in-medicare-false-claims-again.html

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The Justice Department sued Minnetonka, Minn.-based UnitedHealth Group Tuesday, alleging the payer defrauded Medicare at least $1 billion in false claims.

In the 103-page lawsuit filed in a Los Angeles federal court, the Justice Department alleged the payer knowingly inflated risk adjustment payments by providing the government inaccurate data about the health status of its beneficiaries. Department officials cited UnitedHealth’s “one-sided” chart review process that reportedly didn’t address errors elevating its revenues.

The department also alleges the payer ignored “invalid diagnoses from healthcare providers with financial incentives to furnish such diagnoses.

The move follows the department’s decision to intervene in a whistle-blower suit filed by James Swoben in 2009. That suit alleges UnitedHealth billed Medicare higher payments for patients by “making patients look sicker than they” were. In an earlier statement to Star Tribune, UnitedHealth spokesperson Matt Burns said the payer denied the claims and has “been transparent with [CMS] about our approach under its unclear policies. We reject these claims and will contest them vigorously.”

This is the second lawsuit the department has filed against the insurer this month. The other lawsuit concerns separate but similar allegations filed under seal in 2011 by Benjamin Poehling, former finance director of UnitedHealthcare Medicare and Retirement.

Anthem loses Cigna takeover appeal

http://www.healthcaredive.com/news/anthem-cigna-merger-over/441551/

Image result for Anthem loses Cigna takeover appealImage result for Anthem loses Cigna takeover appeal

Dive Brief:

  • The U.S. Court of Appeals on Friday upheld a decision to block the $54 billion merger between insurance giants Anthem and Cigna.
  • A federal judge ruled in February that the combined company would result in reduced competition in the national health insurance market, agreeing with the U.S. Department of Justice, which brought the antitrust case last July. Anthem filed an appeal to reverse the decision later that month.
  • In a 2-1 decision, the court ruled Anthem had failed to “show the kind of extraordinary efficiencies necessary to offset the conceded anticompetitive effect of the merger.”

Dive Insight:

Unless Anthem takes it to the Supreme Court, this is the end of the deal after several months of contentious debates and infighting among the two health insurance giants.

The healthcare industry has been closely watching the case. The American Medical Association was quick to issue a statement applauding the decision from the Court of Appeals. “The appellate court sent a clear message to the health insurance industry: a merger that smothers competition and choice, raises premiums and reduces quality and innovation is inherently harmful to patients and physicians,” said AMA President Andrew W. Gurman.

Cigna has been wanting to end the merger plans for months. After the merger was first blocked, Cigna filed a lawsuit against Anthem seeking at least $14 billion in damages, which is a lot more than the $1.85 billion contractual breakup fee. It also asked for a statement that Cigna had lawfully terminated the deal.

Anthem was granted a temporary restraining order against Cigna shortly thereafter. The infighting certainly did not help support Anthem-Cigna’s argument that it would effectively implement the claimed efficiencies that would benefit consumers.

Earlier this week, Anthem filed a motion with the Delaware Court of Chancery for a preliminary injunction that would block Cigna from terminating the deal on April 30, which is the contractual deadline.

Anthem and Cigna could soon end their plan to merge. Once it’s over, it will be “harder for either Anthem or Cigna to do another deal that involves a combination of another large insurer,” Mitchell Raup, an antitrust attorney from Polsinelli, told Healthcare Dive. “They would have to convince the Department of Justice or perhaps a court that the next deal is not like this deal, that the judge’s opinion about this deal doesn’t apply to the next deal.”

Also this week, Anthem released first quarter 2017 earnings showing it beat projections with $1 billion in net income. It also said it would cautiously begin work on 2018 rates for the Affordable Care Act exchanges. Anthem and other payers, however, are still anxiously awaiting word from the President Donald Trump administration on whether it will continue the cost-sharing reduction subsidies.

Healthcare Dive requested comments from both payers. Anthem has not yet sent a statement. Cigna, through a company lawyer, said it has no comment at this time. An 8-K Cigna filed earlier today just states that it “continues to work through the litigation process in the pending Delaware Court of Chancery matter involving Cigna and Anthem, including the preliminary injunction hearing scheduled for May 8, 2017.”

Theranos agrees not to operate labs for two years

http://www.sfgate.com/business/article/Theranos-agrees-not-to-operate-labs-for-two-years-11079274.php

The Theranos lab in Newark Calif., seen on April 12, 2015. The company announced a settlement Monday with the Centers for Medicare and Medicaid Services that resolves all legal and regulatory proceedings between the federal agency and the embattled Palo Alto blood diagnostics firm. Photo: CARLOS CHAVARRIA, NYT

Theranos has reached a settlement with the Centers for Medicare and Medicaid Services that resolves all legal and regulatory proceedings between the federal agency and the embattled Palo Alto blood diagnostics firm, the company announced Monday.

Theranos has agreed to pay a penalty of $30,000 and cannot operate a clinical laboratory for the next two years.

As part of the settlement, the federal agency, which regulates blood testing labs, has withdrawn its revocation of Theranos’ lab operating certification.

Theranos, founded in 2003 by CEO Elizabeth Holmes, had been a high-flying startup that promised to revolutionize blood testing before a Wall Street Journal investigation alleged that the company misled people about the accuracy of its blood testing technology.

It is unclear whether the settlement has any bearing on investigations into the company by the Department of Justice and U.S. Securities and Exchange Commission. The company faces lawsuits from investors and Walgreens, its ex-partner that had been using Theranos blood-testing technology in dozens of stores before terminating the relationship.

Editor’s Corner: Why are we still letting pharma pay physicians?

http://www.fiercehealthcare.com/antifraud/editor-s-corner-why-are-we-still-letting-pharma-pay-physicians

Close-up of a doctor's white coat

Last month, W. Carl Reichel was acquitted of charges that he oversaw a kickback scheme designed to induce physicians to prescribe certain drugs manufactured by Warner Chilcott LLC.

The president and CEO of the pharmaceutical company was acquitted of those charges despite the fact that the company itself pleaded guilty to “knowingly and willfully” paying off physicians in the form of sham speaking fees and meals at high-end restaurants, and agreed to pay the government $125 million in civil and criminal fines.

He was acquitted even though prosecutors trotted out nearly a dozen witnesses who worked under Reichel to testify against him, some of whom admitted to participating in the scheme that used “medical education” events–including barbecues, picnics, parties and trips to a casino–to improve physician prescribing rates. The government also alleged that Reichel oversaw the whole thing by demanding sales reps engage in “business conversations” about “clinical experience,” which was code for a physician’s prescribing rate.

But most importantly, he was acquitted because his attorneys never denied that he oversaw any of these payments, or that he instructed sales staff to take physicians out “at least twice a week.” They merely argued that “relationship building” is “widely accepted conduct” in the medical community.

They aren’t lying–allowing pharmaceutical companies to pay physicians large sums of money is a widely accepted practice. The question we should be asking ourselves is, why?

 

DOJ joins whistleblower lawsuit against UnitedHealth Group, WellMed

http://www.healthcarefinancenews.com/news/doj-joins-whistleblower-lawsuit-against-unitedhealth-group?mkt_tok=eyJpIjoiWXpVMk16RXlNV00zTm1OayIsInQiOiIzS3NXdllRRU1HNHZlb0Q1aVBYV0hFazRSbGk4dWc3S0FvZERGbHJDeW53Z2ZTb0xCdFhhWEVPcHBBUlVcLytBR1dkTTF0cElHTDRxU0NMSXJ0bWhQUUNvSzl1TVFtaVh2SUhiYkxNTVozNW54SmJCRXhCWDhZT2VGcGNGNlZSdXYifQ%3D%3D

The Department of Justice has joined a whistleblower lawsuit against UnitedHealth Group and subsidiary WellMed Medical Management, claiming the insurer allegedly defrauded Medicare of hundreds of millions in risk adjustment payments.

UnitedHealth Group is accused of improperly inflating risk scores for Medicare Part C managed care and Part D prescription drug payments by claiming its members were treated for conditions they either did not have or were not treated for, according to the lawsuit.

The suit was originally brought in 2011 by a whistleblower through attorney Constantine Cannon in San Francisco.

The civil case names UnitedHealth Group, WellMed Medical Management, Health Net, Arcadian Management Services, Tufts Associated Health Plans, Aetna, Blue Cross and Blue Shield of Florida, Blue Cross Blue Shield of Michigan, Health, Inc., EmblemHealth, Inc., Managed Health dba Healthfirst New York, Humana, Medica Holding Company, WellCare Health Plans and MedAssurant.

All of the organizations are still named as defendants in the civil case, according to Jessica Moore, co-lead counsel on the case. The DOJ intervened only in the case against UnitedHealth Group and WellMed.

 

Lawyer sentenced to prison for stealing $1.2M in patient payments from St. Luke’s

http://www.beckershospitalreview.com/legal-regulatory-issues/lawyer-sentenced-to-prison-for-stealing-1-2m-in-patient-payments-from-st-luke-s.html

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Alan B. Gallas, 65, was sentenced Friday to one year and one day in federal prison for stealing more than $1.2 million from Kansas City, Mo.-based St. Luke’s Health System between 2009 and July 2015, according to the Department of Justice.

Mr. Gallas’ firm, Gallas & Schultz, collected past-due payments from patients for the hospital network. Money collected by the firm on behalf of St. Luke’s was supposed to go into a trust account. However, Mr. Gallas admitted in April that he had employees put holds on more than $1.2 million in St. Luke’s collections and then transfer the funds to the law firm’s operating account.

Mr. Gallas’ law partner Mark J. Schultz, 57, pleaded guilty Friday to participating in the fraud conspiracy. He admitted to transferring funds from the trust account to the law firm’s operating account. The total amount of funds diverted by Mr. Schultz will be determined by the court at his sentencing hearing, according to the DOJ. He faces up to five years in federal prison for his role in the scheme.

In addition to his prison term, Mr. Gallas was ordered to pay more than $1.2 million in restitution.