Medicare Blog

what do oig look for in medicare fraud

by Dr. Leland Ferry Published 2 years ago Updated 1 year ago
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What does an OIG check for?

What is an OIG Search? An OIG Search identifies individuals or entities that have been excluded from participation in Medicare, Medicaid or other federal healthcare programs. When/if an individual or an entity is restored back to the program and the exclusion is lifted, they will be removed from the list.Sep 20, 2016

What is OIG LEIE check?

According to the OIG, the List of Excluded Individuals/Entities (LEIE) “provides information to the health care industry, patients and the public regarding individuals and entities currently excluded from participation in Medicare, Medicaid, and all other Federal health care programs.” Individuals and entities are ...Feb 10, 2020

What is an OIG sanction check?

A Healthcare Sanction Check is a screening tool for providing insight into a healthcare professional's medical background, searching more than 1,000 government sources and lists for any penalties, suspensions, or punitive or disciplinary actions taken against a healthcare professional.

What are the 3 statutory goals of an OIG?

OIG provides independent and objective oversight that promotes economy, efficiency, and effectiveness in the programs and operations of HHS.

What is OIG Sam?

The effect of an OIG exclusion, and appearance on the General Services Administration's System for Award Management (SAM) website as a result of such exclusion, is that no payment will be made by any Federal health care program for items or services furnished, ordered, or prescribed by the excluded individual in any ...

What is OIG GSA?

A: OIG/GSA stands for the Office of the Inspector General and General Services Administration. Q: What does it mean if the applicant has a hit in this search? A: This search is used to determine whether the applicant is excluded from participating in Medicare, Medicaid or other federally funded programs.

How does someone get on the OIG exclusion list?

Although not required by law, OIG may exclude individuals and entities for reasons including: Misdemeanor convictions for substance abuse or alcohol. Misdemeanor convictions for patient abuse. Misdemeanor convictions fraud and abuse.Dec 1, 2020

What is the OIG in healthcare?

Since its 1976 establishment, the Office of Inspector General (OIG) has been at the forefront of the Nation's efforts to fight waste, fraud and abuse and to improving the efficiency of Medicare, Medicaid and more than 100 other Department of Health & Human Services (HHS) programs.

How often should you check the OIG exclusion list?

The OIG suggests checking the list at least once a month, as names are constantly being added or removed. Monthly screening can guarantee that your staff is in compliance and that your facility can continue to serve Medicaid, Medicare, and other government healthcare beneficiaries.Mar 19, 2021

What is an OIG audit?

The Office of Auditing and Evaluation

The OIG's Office of Auditing and Evaluation conducts audits and other reviews of DOT's transportation programs and activities to ensure they operate economically, efficiently, and effectively.

What is the main responsibility of the OIG with the workplan?

OIG carries out its mission to protect the integrity of HHS programs and the health and welfare of the people served by those programs through a nationwide network of audits, investigations, and evaluations, as well as outreach, compliance, and educational activities.

What is OIG compliance?

OIG compliance programs provide oversight toward promoting ethical and lawful corporate conduct that focus on encouraging prevention, detection and resolution of occurrences of conduct that do not meet federal and state law, and a hospital or health system's business policies.Feb 22, 2017

What are the criminal offenses that OIG is required to exclude from?

OIG is legally required to exclude from participation in all Federal health care programs individuals and entities convicted of the following types of criminal offenses: (1) Medicare or Medicaid fraud , as well as any other offenses related to the delivery of items or services under Medicare or Medicaid; (2) patient abuse or neglect ; (3) felony convictions for other health-care-related fraud, theft, or other financial misconduct ; and (4) felony convictions for unlawful manufacture, distribution, prescription, or dispensing of controlled substances. OIG has discretion to exclude individuals and entities on several other grounds, including misdemeanor convictions related to health care fraud other than Medicare or Medicaid fraud or misdemeanor convictions in connection with the unlawful manufacture, distribution, prescription, or dispensing of controlled substances; suspension, revocation, or surrender of a license to provide health care for reasons bearing on professional competence, professional performance, or financial integrity; provision of unnecessary or substandard services; submission of false or fraudulent claims to a Federal health care program; engaging in unlawful kickback arrangements; and defaulting on health education loan or scholarship obligations.

What happens if you are excluded from Medicare?

If you are excluded by OIG from participation in the Federal health care programs, then Medicare, Medicaid, and other Federal health care programs, such as TRICARE and the Veterans Health Administration, will not pay for items or services that you furnish, order, or prescribe. Excluded physicians may not bill directly for treating Medicare and Medicaid patients, nor may their services be billed indirectly through an employer or a group practice. In addition, if you furnish services to a patient on a private-pay basis, no order or prescription that you give to that patient will be reimbursable by any Federal health care program.

Why are physicians attractive to kickback schemes?

As a physician, you are an attractive target for kickback schemes because you can be a source of referrals for fellow physicians or other health care providers and suppliers. You decide what drugs your patients use, which specialists they see, and what health care services and supplies they receive.

What are the penalties for false claims?

There also is a criminal FCA (18 U.S.C. § 287). Criminal penalties for submitting false claims include imprisonment and criminal fines. Physicians have gone to prison for submitting false health care claims. OIG also may impose administrative civil monetary penalties for false or fraudulent claims, as discussed below.

What is the beneficiary inducement statute?

Besides the AKS, the beneficiary inducement statute (42 U.S.C. § 1320a-7a (a) (5)) also imposes civil monetary penalties on physicians who offer remuneration to Medicare and Medicaid beneficiaries to influence them to use their services.

What are the laws that apply to physicians?

The five most important Federal fraud and abuse laws that apply to physicians are the False Claims Act (FCA), the Anti-Kickback Statute (AKS), the Physician Self-Referral Law (Stark law), the Exclusion Authorities, and the Civil Monetary Penalties Law (CMPL). Government agencies, including the Department of Justice, the Department of Health & Human Services Office of Inspector General (OIG), and the Centers for Medicare & Medicaid Services (CMS), are charged with enforcing these laws. As you begin your career, it is crucial to understand these laws not only because following them is the right thing to do, but also because violating them could result in criminal penalties, civil fines, exclusion from the Federal health care programs, or loss of your medical license from your State medical board.

What does "present a claim that the person knows or should know" mean?

presenting a claim that the person knows or should know is for an item or service that was not provided as claimed or is false or fraudulent;

What is OIG investigation?

The more formal aspects of OIG investigations are those in which the OIG takes steps to request more information. These fact-finding missions are conducted with a great deal of precision and a tremendous amount of foresight – OIG agents know what they’re looking for, and they know how to get it. Without an experienced health care fraud attorney by your side, even if you believe you’re absolutely “innocent” and free to talk, you risk providing the OIG with information and evidence that can be used against you.

What are the outcomes of the OIG?

Though there are varying types of outcomes imposed by the OIG and other federal agencies, the most general include: Dismissals / no criminal or civil liability; No criminal liability, but civil settlements over civil monetary penalties and recoupment;

What is the phone number for OIG in Texas?

Facing an OIG health care fraud investigation in Texas? Call (713) 909-7323 to speak with an attorney.

How long can you be in jail for fraud?

Criminal charges and potential penalties that may include anywhere from 0 to 10 years of incarceration in federal prison for each count of health care fraud.

Does a subpoena indicate a health care fraud case?

That’s because early contact from the OIG, whether through a subpoena or less-formal means of information gathering, does not necessarily indicate whether a health care fraud case will be civil or criminal. While the underlying facts do play a role in that, so do the steps you take when making a response plan.

Is an OIG investigation good or bad?

Though overly simplified, the outcome of an OIG investigation can generally be good (meaning you’ll still have a future in health care) or very bad (meaning criminal convictions).

Which Medicare programs prohibit fraudulent conduct?

In addition to Medicare Part A and Part B, Medicare Part C and Part D and Medicaid programs prohibit the fraudulent conduct addressed by

What is the OIG?

The OIG protects the integrity of HHS’ programs and the health and welfare of program beneficiaries. The OIG operates through a nationwide network of audits, investigations, inspections, evaluations, and other related functions. The Inspector General is authorized to, among other things, exclude individuals and entities who engage in fraud or abuse from participation in all Federal health care programs, and to impose CMPs for certain violations.

What is the OIG exclusion statute?

Section 1320a-7, requires the OIG to exclude individuals and entities convicted of any of the following offenses from participation in all Federal health care programs:

What is Medicare abuse?

Abuse includes any practice that does not provide patients with medically necessary services or meet professionally recognized standards of care.

What is the role of third party payers in healthcare?

The U.S. health care system relies heavily on third-party payers to pay the majority of medical bills on behalf of patients . When the Federal Government covers items or services rendered to Medicare and Medicaid beneficiaries, the Federal fraud and abuse laws apply. Many similar State fraud and abuse laws apply to your provision of care under state-financed programs and to private-pay patients.

What is the OIG hotline?

The Office of Inspector General (OIG) Hotline accepts tips and complaints from all sources on potential fraud, waste, and abuse. View instructional videos about the

Why do doctors work for Medicare?

Most physicians try to work ethically, provide high-quality patient medical care, and submit proper claims. Trust is core to the physician-patient relationship. Medicare also places enormous trust in physicians. Medicare and other Federal health care programs rely on physicians’ medical judgment to treat patients with appropriate, medically necessary services, and to submit accurate claims for Medicare-covered health care items and services.

How to protect yourself from OIG?

To better protect themselves in an OIG investigation, healthcare programs should implement the following: Be complaint with coding and billing and have internal audits on at least a quarterly basis. Continuously review, update, and assess your internal compliance programs.

How much is the OIG overpayment for malnutrition?

The OIG final report, released July 2020, stated “The hospitals used severe malnutrition diagnosis codes when they should have used codes for other forms of malnutrition or no malnutrition diagnosis code at all, resulting in net overpayments of $914,128.

What is the purpose of OIG?

The OIG uses risk assessments and data analysis to determine emerging issues where they need to implement oversight and enforcement resources. The OIG generates a semiannual report to Congress on the activities of the office.

How much money will the OIG recover in 2020?

The fall 2020 semiannual report for April 2020 to September 2020 shows that the OIG expects to recover $942.06 million due to audits and $3.14 billion due to investigative recoveries. Every month, the OIG updates its vigorous work plan to identify and respond to developing issues.

What is the OIG work plan?

The OIG Work Plan outlines all recently added work plan items, active work plan items, and items that have been archived from the work plan.

What is the OIG?

Since it was established in 1976, the Office of Inspector General (OIG) has provided objective, independent oversight of the US Department of Health and Human Services (HHS) and has led efforts to fight waste, fraud, and abuse. HHS is the largest civilian agency in the federal government. With a fiscal year 2021 budget of $419 million and 1,600 employees, the OIG conducts nationwide investigations, inspections, and audits that can result in criminal convictions, civil penalties and settlements, and administrative sanctions against those who commit fraud. The OIG uses risk assessments and data analysis to determine emerging issues where they need to implement oversight and enforcement resources.

Why do coding professionals undercode facet blocks?

Most coding professionals under- or over-code facet blocks because of the odd number of nerves to vertebra that occur in the cervical spine.

The OIG Investigation Process

The OIG is responsible for investigating a wide range of civil and criminal healthcare fraud matters. While the OIG investigation process varies slightly depending on the allegations and how they are discovered, an investigation typically takes the following path:

Surviving an OIG Audit

The thought of an OIG audit is overwhelming to many healthcare providers. And for good reason, OIG audits are not only incredibly burdensome and invasive but also present very high stakes. Thus, providers must understand what they can do to protect themselves in advance of an audit as well as how to effectively respond if they are audited.

The Societal Impact of Medicare Fraud

Sure, it may not seem like this is a huge problem, especially with only 15 total Strike Force cases in the news through half of 2018, but it’s important to realize that many of these investigations involve millions upon millions of dollars. Furthermore, this is money that has essentially been stolen from the U.S.

Individual Effects of Medicare Fraud

For starters, it’s simply maddening to think that individuals who commit these types of offenses are bringing in much more than the typical, hard-working family earns just to survive. For instance, Money reports that the median real income is $54,635 for households in Michigan and $57,259 for a household in Ohio.

Medicare Fraud: Protecting Yourself Begins by Protecting Your Card

According to Medicare.gov, you should always “treat your Medicare card like it’s a credit card.” In other words, don’t give the number out to just anybody, because there’s a chance it could be used to open up a fraudulent claim.

Even More Ways to Prevent Medicare Fraud

There are other things you can do to avoid being a victim of Medicare fraud.

What to do if You Are a Medicare Fraud Victim

If you believe that you are a victim of Medicare fraud or if you have unequivocal proof, the first thing you want to do is report it to the authorities. Medicare.gov shares that there are three ways to do this:

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What Is The OIG?

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The HHS-OIG is the “premier” law enforcement agency for investigating health care fraud. Its primary mission is to protect beneficiaries and federal health programs, including Medicare and Medicaid, TRICARE, and the VA. To accomplish this, the OIG works closely with various law enforcement agencies at both the state and fe…
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How OIG Investigations Begin

  • OIG Investigations can begin to take form following a number of “red flags” and enforcement efforts involving various agencies. The most common ways they begin include: 1. Audits in which analysts identify unusual patterns or billing practices (i.e. double billing, up-coding, unbundling, billing for services not rendered, etc.); 2. Qui-tam lawsuits initiated by whistleblowers with insid…
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OIG Requests For Information

  • The more formal aspects of OIG investigations are those in which the OIG takes steps to request more information. These fact-finding missions are conducted with a great deal of precision and a tremendous amount of foresight – OIG agents know what they’re looking for, and they know how to get it. Without an experienced health care fraud attorney by your side, even if you believe you’r…
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Responding to An OIG Investigation: Strategies

  • It is an unfortunate fact that providers and suppliers who go without legal representation often end up ensnared in criminal cases involving health care fraud allegations. One of the most important things you can do upon any notification that you’re under investigation, or might be, is to speak immediately with an attorney knowledgeable in health care laws and fraud defense. The i…
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The Outcome of An OIG Investigation

  • Though overly simplified, the outcome of an OIG investigation can generally be good (meaning you’ll still have a future in health care) or very bad (meaning criminal convictions). From full case dismissals to prison sentences, the resolution of any health care fraud investigation will always depend on the underlying issues and allegations, and the steps you take in response. Though th…
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