Medicare Blog

when does oig/doj place medicare fraud cases under seal

by Jeanie Reinger Published 2 years ago Updated 1 year ago

Does HHS OIG investigate Medicare frauds?

HHS-OIG has encountered a variety of scams in which fraudsters are preying upon people across the U.S., including Medicare and Medicaid beneficiaries. Criminal, civil or administrative legal actions relating to fraud and other alleged violations of law, initiated or investigated by HHS-OIG and its law enforcement partners.

What kind of cases does the DOJ OIG investigate?

Criminal and Civil Cases DOJ OIG Special Agents investigate alleged violations of fraud, abuse and integrity laws that govern DOJ employees, operations, grantees and contractors. These investigations sometimes lead to criminal prosecution or civil or administrative action. Below are summaries of our criminal and civil cases.

Can the Secretary of Defense stop a DoD OIG investigation?

In other words, the Secretary of Defense cannot stop or direct a DoD OIG investigation. It’s a narrow but deep channel of power within the federal government. Who Should Worry about an OIG Investigation?

What happens when an OIG investigation is completed?

The opening of an investigation can injure her professional reputation. Once the investigation is complete, any findings of wrongdoing are reported to an employee’s supervisory chain. The agency may then take certain action against the employee up to and including termination. OIGs just love to refer cases to the Department of Justice.

When might OIG impose civil penalties?

The OIG may impose sanctions for, among other things, knowingly presenting a specified claim under a grant, contract, or other agreement that is false or fraudulent, or knowingly making or using any false statement, omission, or misrepresentation of a material fact in any application, proposal, bid, progress report, or ...

How is Medicare fraud committed?

Medicare fraud occurs when someone knowingly deceives Medicare to receive payment when they should not, or to receive higher payment than they should. Committing fraud is illegal and should be reported. Anyone can commit or be involved in fraud, including doctors, other providers, and Medicare beneficiaries.

What are federal laws governing Medicare fraud?

Federal Civil False Claims Act (FCA) Sections 3729–3733, protects the Federal Government from being overcharged or sold substandard goods or services. The civil FCA imposes civil liability on any person who knowingly submits, or causes the submission of, a false or fraudulent claim to the Federal Government.

What is the role of the Office of Inspector General OIG in identifying fraud and abuse in healthcare?

Contract Fraud HHS-OIG is responsible for conducting investigations into fraud, waste, and abuse involving HHS programs, including HHS contracts. Any suspected fraudulent activities by participants on HHS contracts should be reported to our Hotline.

What factors might be red flags for Medicare fraud?

Some red flags to watch out for include providers that:Offer services “for free” in exchange for your Medicare card number or offer “free” consultations for Medicare patients.Pressure you into buying higher-priced services.Charge Medicare for services or equipment you have not received or aren't entitled to.More items...

When a Medicare provider commits fraud which entity conducts the investigation?

Chapter 5 InsuranceQuestionAnswerThe recognized difference between fraud and abuse is the __________.IntentWhen a Medicare provider commits fraud, which entity conducts the investigation?Office of the Inspector General38 more rows

Which government agency is responsible for monitoring Medicare fraud?

The Department of Health and Human Services Office of Inspector General (HHS-OIG) focuses primarily on fraud on the Medicare and Medicaid programs and the health benefits programs of the United States Public Health Service (PHS) such as the Indian Health Service.

What is the federal False Claim Act?

Whistleblower Protection Under the False Claims Act The federal False Claims Act protects employees who report a violation under the False Claims Act from discrimination, harassment, suspension or termination of employment as a result of reporting possible fraud.

Which of the following actions is considered under the False Claim Act?

Liability under the federal False Claims Act occurs when a defendant (1) knowingly presents (or causes to be presented) a false or fraudulent claim for payment; (2) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim; (3) conspires with others to ...

What happens when OIG investigation?

Q: What happens when an investigation is complete? A: Generally, when an investigation is complete, OIG will produce a report based upon relevant witness interviews, records, and other evidence. The report will be reviewed within OIG to ensure that it is fact-based, objective, and clear.

What is the Red Flags Rule healthcare?

The Red Flags Rule requires that organizations have “reasonable policies and procedures in place” to identify, detect and respond to identity theft “red flags.” The definition of “reasonable” will depend on your practice's specific circumstances or specific experience with medical identity theft as well as the degree ...

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.

When was the OIG fraud alert issued?

OIG Fraud Alert. On June 9, 2015, the OIG issued a new fraud alert primarily aimed at warning physicians about how their financial arrangements can create personal risk of liability under the AKS.

What is the OIG? What is the OIG?

Over the last month the Office of Inspector General (OIG) of the Department of Health and Human Services and the Department of Justice (DOJ) have each taken actions that suggest an increasing appetite to examine the financial relationships between physicians and recipients of those physicians’ referrals under the federal Anti-Kickback Statute (AKS). By announcing new OIG and DOJ enforcement actions and the new OIG fraud alert, the agencies are signaling to the health care industry that physician financial relationships are one of their priority areas. These announcements should prompt organizations to review their physician arrangements and contracting policies to help ensure compliance with the AKS as well as the Physician Self-Referral (“Stark”) Law.

What did the DOJ settle with Hebrew Homes?

Hebrew Homes Health Network, Inc., a Miami-Dade County nursing home network, and its former president and executive director, William Zubkoff, agreed on June 16, 2015, to settle the qui tam suit brought by Hebrew Homes’ former CFO. According to DOJ, this is the largest False Claims Act settlement for a nursing home allegedly violating the AKS.

Why do federal agencies have an OIG hotline?

Federal agencies have an OIG hotline to allow for reporting of complaints. The complaints can be made anonymously. This anonymous reporting process serves a legitimate purpose—to encourage employees to report problems without fear of retribution, particularly if the alleged wrongdoer is a supervisor.

What is an OIG investigation?

Many criminal investigations of private companies start with OIG investigations. For example, the OIG for Health and Human Services investigates Medicare fraud; that can easily lead to a False Claims Act case or criminal charges.

How are OIG subpoenas enforced?

OIG subpoenas will be enforced by the federal courts as long as they (1) are issued for a lawful purpose, and (2) are reasonably relevant to that purpose, and (3) are not unduly burdensome. Some agencies have internal regulations that govern the issuance of subpoenas, as well.

How are OIG investigations made public?

The results of an OIG investigation may be made public through published reports. Each OIG has its own practice with respect to publishing investigation results. Some offices publish only a summary of the investigatory findings and others publish redacted final reports.

What is an OIG?

In short, OIGs investigate waste, fraud and abuse within government agencies and report to Congress about their findings. OIGs are independent from the agency and the inspector general reports only to Congress. In other words, the Secretary of Defense cannot stop or direct a DoD OIG investigation.

What is the purpose of the Inspector General Act?

It defined three purposes: (1) to conduct and supervise audits and investigations relating to the programs and operations of the establishments listed in section 12 (2);

Can an OIG lawyer hear out defense counsel?

Defense counsel are not part of the process as they are in a standard white collar investigation. Although an employee can bring counsel to the interview , it is rare that the OIG lawyers will engage with or hear out defense counsel in the same way that an AUSA would during an attorney proffer.

When did the DOJ survey law enforcement?

The DOJ OIG surveyed law enforcement personnel within the DOJ during July and early August of 2020 to gain insights on the effect and impact of COVID-19 on law enforcement investigative operations.

Where to report waste fraud?

If you know about waste, fraud, abuse, misconduct, or whistleblower reprisal relating to a Department of Justice employee, program, contract, or grant you may report it to the OIG Hotline.

What is the DOJ zero tolerance policy?

Read the DOJ OIG's report on the DOJ's planning and implementation of its zero tolerance policy for immigration offenses involving illegal entry and attempted illegal entry into the United States.

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