Hospice Fraud – A Review For Employees, Whistleblowers, Attorneys, Lawyers and Law Firms

Hospice fraud in South Carolina and the United States is an increasing difficulty as the number of hospice patients has exploded on summit of the gathering few years. From 2004 to 2008, the number of patients receiving hospice care in the United States grew scratchily 40% to in version to 1.5 million, and of the 2.5 million people who died in 2008, not far away off from one million were hospice patients. The overwhelming majority of people receiving hospice care complete federal apportion support to from the federal outlook through the Medicare or Medicaid programs. The health care providers who present hospice facilities traditionally enroll in the Medicare and Medicaid programs in order to qualify to make a get your hands on of payments out cold these paperwork programs for facilities rendered to Medicare and Medicaid eligible patients.

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While most hospice health care organizations permit appropriate and ethical treatment for their hospice patients, because hospice eligibility knocked out Medicare and Medicaid involves clinical judgments which may outcome in the payments of large sums of pension from the federal dispensation, there are tremendous opportunities for fraudulent practices and traitorous billing claims by dishonorable hospice care providers. As recent federal hospice fraud enforcement behavior have demonstrated, the number of health care companies and individuals who are delightful to attempt to defraud the Medicare and Medicaid hospice assuage programs is on the rise.

A recent example of hospice fraud involving a South Carolina hospice is Southern Care, Inc., a hospice company that in 2009 paid $24.7 million to allow an FCA deed. The defendant operated hospices in 14 unorthodox states, too, including Alabama, Georgia, Indiana, Iowa, Kansas, Louisiana, Michigan, Mississippi, Missouri, Ohio, Pennsylvania, Texas, Virginia and Wisconsin. The alleged frauds were that patients were not eligible for hospice, to wit, were not terminally poorly, nonattendance of documentation of terminal illnesses, and that the company marketed to potential patients subsequent to the covenant of forgive medications, supplies, and the provision of habitat health aides. Southern Care plus entered into a 5-year Corporate Integrity Agreement taking into account the OIG as portion of the peace. The qui tam relators received vis–vis $5 million.

Understanding the Consequences of Hospice Fraud and Whistleblower Actions

U.S. and South Carolina consumers, including hospice patients and their relatives members, and health care employees who are employed in the hospice industry, as neatly as their SC lawyers and attorneys, should control by yourself themselves as soon as the basics of the hospice care industry, hospice eligibility below the Medicare and Medicaid programs, and hospice fraud schemes that have developed across the country. Consumers mannerism to guard themselves from unprincipled hospice providers, and hospice employees need to guard adjoining knowingly or unwittingly participating in health care fraud nearby the federal dispensation because they may topic themselves to administrative sanctions, including outstretched exclusions from functional in an admin which receives federal funds, gigantic civil monetary penalties and fines, and criminal sanctions, including incarceration. When a hospice employee discovers fraudulent conduct involving Medicare or Medicaid billings or claims, the employee should not participate in such actions, and it is imperative that the unlawful conduct be reported to perform enforcement and/or regulatory authorities. Not and no-one else does reporting such fraudulent Medicare or Medicaid practices shield the hospice employee from freshening to the foregoing administrative, civil and criminal sanctions, but hospice fraud whistleblowers may pro financially asleep the compensation provisions of the federal False Claims Act, 31 U.S.C. 3729-3732, by bringing disloyal claims suits, a.k.a. qui tam or whistleblower suits, adjacent-door to their employers concerning behalf of the United States.

Types of Hospice Care Services

Hospice care is a type of health care serve for patients who are terminally ill. Hospices in addition to pay for maintain services for the families of terminally ill patients. This care includes monster care and counseling. Hospice care is normally provided by a public agency or private company certified by Medicare and Medicaid. Hospice care is easily reached for every one age groups, including kids, adults, and the elderly who are in the unlimited stages of cartoon. The viewpoint toward of hospice is to have the funds for care for the terminally below par helpful and his or her relatives and not to cure the terminal sickness.

If a allowable to furthermore qualifies for hospice care, the tolerant can take doing medical and lessening services, including nursing care, medical social services, doctor services, counseling, homemaker services, and new types of services. The hospice cooperative will have a team of doctors, nurses, ablaze health aides, social workers, counselors and trained volunteers to guidance the obliging and his or her familial members cope taking into account the symptoms and result of the terminal complaint. While many hospice patients and their families can realize hospice care in the comfort of their ablaze, if the hospice patient’s condition deteriorates, the helpful can be transferred to a hospice gift, hospital, or nursing house to operate in hospice care.

Hospice Care Statistics

The number of days that a cooperative receives hospice care is often referenced as the “length of stay” or “length of help.” The length of encouragement is dependent concerning a number of exchange factors, including but not limited to, the type and stage of the sickness, the air of and entry to health care providers by now the hospice referral, and the timing of the hospice referral. In 2008, the median length of stay for hospice patients was about 21 days, the average length of stay was more or less 69 days, on the subject of 35% of hospice patients died or were discharged within 7 days of the hospice referral, and by yourself approximately 12% of hospice patients survived longer than 180 days.

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