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.

 

Doctors & Hospitals sending seniors to nursing homes for profit. Is your mom next?

https://www.linkedin.com/pulse/doctors-hospitals-sending-seniors-nursing-homes-your-mom-luke-ph-d-?trk=v-feed&lipi=urn%3Ali%3Apage%3Ad_flagship3_feed%3B4WP7qWHisUr%2FcAPkGiWADw%3D%3D

Raise your hand if you can’t wait to be admitted to a convalescent home someday? For five years I have been asking this question from the stage. And no one has come forward yet.

The fact is that hospitals & doctors are sending patients to nursing homes unnecessarily, and have been for years. Its become the norm. I know, as I am a former hospital CEO.

Were you even advised that your parent or grandparent had a right to go home when they were in the hospital? Or were you just told they were being “transferred” to a nursing home without being given an option? Has it happened to your loved one? Should this be a criminal act? When the patient is your mom the answers become clear.

My mom, bless her heart, has stage seven Alzheimer’s Disease. In my case, being a former hospital CEO, the answers are very clear. How about you? Lets find out.

Hypothetical (or maybe not in some of your cases): Your grandmother or mom is admitted to a hospital and after a few days the doctor or hospital case manager “advises” you that your mom is being “transferred” (not discharged; one word suggest finality and another suggests ‘she is not better yet’) to a ‘rehab facility’ to recover.

Who are you to question the doctor or case manager’s authority? After all, they are the experts.

Who are you to question their authority? After all, they are the experts.

A few days later you are visiting your mom in the “rehab facility” and can’t help but notice the facility is filled with much older, apparently sicker patients, many of whom don’t appear capable of doing any ‘rehab’ and in fact may be completely bed-ridden. Several residents are confused and clearly have Alzheimer’s Disease or dementia as well.

So you ask the therapist who is assisting your mom up and down the set of three stairs, “Some of these folks seem incapable of much physical activity, what type of rehab are they doing?” The therapist responds: “Most of these patients are long term care patients, or custodial as we call them in the industry, and don’t do any daily therapy. They just live here until they die because they are too sick unsafe to go home and live alone.”

“Sounds more like a convalescent home to me than a rehab,” you respond.

“Didn’t the doctor or case manager tell you that your mom was coming to a nursing home?” the therapist asks and continues: “I am surprised that they did not discuss this with you because from what I can see I would have thought your mom would have just gone straight home from the hospital as she was clearly strong enough. She really did not need to come here, but I figured the family insisted she come here.”

Allow me to paraphrase: Your mom was sent to a convalescent home unnecessarily, and potentially against her will (and against your will as well). This is not just a violation of one law, but of two laws. Unfortunately it has become the norm in recent years.

Failure to Improve Is Still Being Used, Wrongly, to Deny Medicare Coverage

For months, physical therapists worked with Mrs. Kirby, a retired civil servant who is now 75, trying to help her regain enough mobility to go home. Then her daughter received an email from one of the therapists saying, “Edwina has reached her highest practical level of independence.”

Translation: Mrs. Kirby wouldn’t receive Medicare coverage for further physical therapy or for the nursing home. If she wanted to stay and continue therapy, she’d have to pay the tab herself.

Medicare beneficiaries often hear such rationales for denying coverage of skilled nursing, home health care or outpatient therapy: They’re not improving. They’ve “reached a plateau.” They’re “stable and chronic,” or have achieved “maximum functional capacity.”

Deanna Kirby wasn’t buying it. “I knew they couldn’t refuse you, even if you’re not improving,” she said.

She’s right. A federal judge last month ordered the federal Centers for Medicare and Medicaid Services to do a better job of informing health care providers and Medicare adjudicators that the so-called improvement standard was no longer in effect.

 

Former Sacred Heart physician gets 2 years for role in kickback scheme

http://www.chicagotribune.com/news/ct-sacred-heart-hospital-sentencing-met-20160812-story.html

Sacred Heart sentence

Venkateswara Kuchipudi, right, walks with his lawyer Theodore Poulos outside the Dirksen U.S Courthouse on Aug. 12, 2016, after Kuchipudi was sentenced to two years in prison for his part in a fraud scheme at the now-shuttered Sacred Heart Hospital.

http://www.beckershospitalreview.com/legal-regulatory-issues/former-sacred-heart-physician-gets-2-years-for-role-in-kickback-scheme.html

 

Long-term care costs force many seniors into Medicaid

Long-term care costs force many seniors into Medicaid

culture change in nursing homes

Donna Nickerson spent her last working years as the activity and social services director at a Turlock, California, nursing home.

But when she developed Alzheimer’s disease and needed that kind of care herself, she and her husband couldn’t afford it: A bed at a nearby home cost several thousand dollars a month.

“I’m not a wealthy man,” said Nickerson’s husband Mel, a retired California State University-Stanislaus professor. “There’s no way I could pay for that.”

Experts estimate that about half of all people turning 65 today will need daily help as they age, either at home or in nursing homes. Such long-term care will cost an average of about $91,000 for men and double that for women, because they live longer.

In California and across the U.S., many residents can’t afford that, so they turn to Medicaid, the nation’s public health insurance program for low-income people. As a result, Medicaid has become the safety net for millions of people who find themselves unable to pay for nursing home beds or in-home caregivers. This includes middle-class Americans, who often must spend down or transfer their assets to qualify for Medicaid coverage.

Medicaid, known as Medi-Cal in California, was never intended to cover long-term care for everyone. Now it pays for nearly 40 percent of the nation’s long-term care expenses, and the share is growing. As Baby Boomers age, federal Medicaid spending on long-term care is widely expected to rise significantly — by nearly 50 percent by 2026.

3 charged in $1 billion scheme to defraud Medicare in Florida, DOJ dubs biggest ever

http://www.healthcarefinancenews.com/news/3-charged-1-billion-scheme-defraud-medicare-florida-doj-dubs-biggest-ever

The owner of more than 30 Miami-area skilled nursing and assisted living facilities, a hospital administrator and a physician’s assistant were charged with conspiracy, obstruction, money laundering and healthcare fraud in connection with a $1 billion scheme involving numerous Miami-based providers, the United States Department of Justice announced.

Assistant Attorney General Leslie Caldwell of the Justice Department’s Criminal Division said in a statement that the charges represent the largest single criminal healthcare fraud case ever brought against individuals by the DOJ.

Philip Esformes, 47, Odette Barcha, 49, and Arnaldo Carmouze, 56, all of Miami-Dade County, Florida, were charged in an indictment claiming that Esformes operated a network of more than 30 skilled nursing homes and assisted living facilities known as The Esformes Network, which gave him access to thousands of Medicare and Medicaid beneficiaries.

Startup device maker takes aim at hospital pressure ulcers

Startup device maker takes aim at hospital pressure ulcers

Device Held Up - 3.2 + _Reading_

Dementia costs surpass those of all other diseases

http://managedhealthcareexecutive.modernmedicine.com/managed-healthcare-executive/news/dementia-costs-surpass-those-all-other-diseases?cfcache=true

How Arbitration Affects Health Care

http://www.theatlantic.com/health/archive/2015/11/arbitration-medical/413641/

A New York Times investigation sheds light on an opaque judicial process increasingly used in medical and nursing-home settings.