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General Compliance
Training and
Fraud, Waste and Abuse
Prevention Awareness Training
© 2008 WellCare Health Plans Inc. All rights reserved.
10/7/2014
Objectives
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
2
• Introduce the iCare Compliance Program
• Provide an overview of key compliance topics
• Identify important Compliance phone numbers
• Identify how to raise a compliance related concern
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
3
The iCare Compliance Program
WellCare Health Plans, including it’s affiliates and subsidiaries (including Easy
Choice Health Plans “ECHP” or the “Company”) is committed to the highest
standards of excellence and professionalism in all it’s endeavors.
Our company provides managed care services exclusively for government-
sponsored health care programs, focusing on Medicaid and Medicare.
Because of this exclusive focus, we are highly regulated by multiple federal and
state governmental agencies as well as being subject to applicable federal and
state laws and regulations.
The company is committed to compliance through:
• The Code of Conduct and Business Ethics (“the Code of Conduct” or “the
Code”), which outlines our ethical principles.
• Policies and procedures, which clarify the Code and ensure proper operations
of our company.
• The iCare Compliance Program (the “Compliance Program”), designed to
prevent and address violations.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
4
The iCare Compliance Program (cont’d)
All associates, including temporary and contracted associates (“workforce
members”), are expected to know and comply with company’s compliance
program, the Code of Conduct, policies and procedures (either referenced in this
training or those that apply to your role), as well as the spirit and letter of all laws
and regulations.
Any workforce member who violates these expectations is subject to
disciplinary action, up to and including termination of employment or
contract, and referral for criminal prosecution.
Please take a moment and review the company Code of Conduct. A copy is
available by clicking “attachment” in the top right of this screen. The Code
of Conduct can also be found on
ttp://www.easychoicehealthplan.com/fraud.php
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
5
Key Compliance Topics
Workplace Environment
• The company is committed to providing a healthy, productive and safe place to
work. Workforce members are expected to adhere to security requirements
when entering a company facility or on company premises (e.g. security
badges, keypad or door locks etc.).
• The company is committed to providing a workplace free from harassment or
discrimination. Workforce members are expected to treat all workforce
members, vendors, business partners, etc. with respect and dignity as defined
in the Code of Conduct.
• Hiring and promotion decisions are based on merit, skills, experience,
leadership, and other job-related factors. Not on ethnicity, religion, gender or
sexual preference.
• Workforce members have an affirmative responsibility to report any incidences
of harassment or discrimination.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
6
Key Compliance Topics (cont’d)
Assets
• Company computer systems are for business purposes.
– Work conducted on these systems, including email and internet usage, are
the property of the company
– The company can review, monitor and record this information without prior
notice.
• Other assets include member lists, financial transactions and documents.
– All workforce members are required to protect assets.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
7
Key Compliance Topics (cont’d)
Improper Payments (“Kickbacks ”)
• The knowing and willful offer, payment, solicitation or receipt of any
“remuneration” to induce referrals or order or recommend items or services,
which may be paid for under a federal health care program is prohibited.
Business Courtesies, Gifts and Entertainment
• Workforce members must abide by the Code of Conduct as it relates to
Business Courtesies, Gifts or Entertainment offered to or accepted from
current or prospective members, agents, vendors or suppliers.
Ineligible Persons
• The company is prohibited from hiring or entering into contracts with
individuals or entities who are ineligible to participate in federal and/or state
healthcare programs.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
8
Key Compliance Topics (cont’d)
Health Insurance Portability and Accountability Act (HIPAA)
• A federal law that protects the privacy of individually identifiable member
information, provides for the electronic and physical security of member
medical information, and simplifies billing and other electronic transactions
through the use of standard transactions and code sets (billing codes).
• All Health Care Providers have an obligation to protect the privacy and
security of Protected Health Information (PHI).
Fraud Waste and Abuse (FWA)
• All Health Care Providers must have a plan to detect, correct and prevent
fraud, waste and abuse.
• All workforce members have a duty to prevent healthcare fraud and report
suspected fraud, waste or abuse.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
9
How Common is Health Care Fraud?
• The United States Department of Health and Human Services-Office of
Inspector General (HHS-OIG) conservatively estimates that $100 Billion is
lost to healthcare fraud each year.
– That is $273 Million a day… and with healthcare costs escalating this
number is expected to rise.
• Fraud can be committed by any person or entity in the healthcare delivery
chain.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
10
How Do I Prevent Fraud, Waste, and Abuse?
• Make sure you are up to date with laws and regulations applicable to your role
• Make sure you are familiar with Policies and Procedures
• Ensure data/billing is both accurate and timely
• Verify information provided to you
• Be on the lookout for suspicious activity
• Understand the difference between Fraud, Waste and Abuse
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
11
How Do I Know What is Fraud, Waste, and Abuse?
• “Fraud” is an intentional deception or misrepresentation made by someone
with knowledge that the deception will result in benefit or financial gain.
• There can be several different types of Fraud including:
‒ Provider Fraud
‒ Member and Agent Fraud
‒ Health Plan Fraud
‒ Associate Fraud
• “Abuse” is a practice that is inconsistent with accepted business or medical
practices or standards and that results in unnecessary cost.
• “Waste” includes any practice that results in an unnecessary use or
consumption of financial or medical resource.
The next few slides provide examples of the different types of Fraud, Waste and
Abuse that could be encountered to help you understand what to look for.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
12
Provider Fraud Examples
Billing for services not rendered
• Billing for individual therapy, where only group therapy was performed.
• Billing for Durable Medical Equipment (DME) supplies never delivered.
• “Phantom” provider obtains Medicaid ID number, and bills for supplies or
services never rendered.
• Billing for appointments the patient failed to keep.
• Billing for a “gang visit” whereby a physician visits a nursing home and
bills for seeing 20 patients without providing any specific service to any of
them, merely signing the chart.
Kickbacks
• Pay for the referral of patients in exchange for the ordering of diagnostic
tests or other services or medical equipment.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
13
More Provider Fraud Examples
Rendering and billing for non-medically necessary services
• Performing Magnetic Resonance Imaging with contrast although the
contrast was not indicated or necessary.
• Ordering higher-reimbursed, complete blood lab tests for every patient
although specific or targeted tests are indicated.
Upcoding - Billing a higher level service than provided
• Reporting CPT code 99245 (High Level Office Consultation) where
services provided only warranted use of CPT code 99243 (Mid level
Office Consultation).
• Reporting CPT code 99233 (High Level Subsequent Hospital Care)
where services provided only warranted use of CPT code 99231 (Lower
Level Subsequent Hospital Care.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
14
More Provider Fraud Examples (cont’d)
Unbundling - The separate pricing of goods and services to increase revenue
• Billing separately for a post-operative visit when it is included in a global billing code.
• Billing a series of tests individually instead of billing a global or “panel” code.
Provider Prescription Drug Fraud
• Overprescribing opioids and high cost drugs which are in turn sold on the street with the provider getting a cut (also known as “pill mills”) or result in harm to a patient.
• Dilution or illegal importation of drugs from other countries; example high cost cancer treatment drugs.
• Falsifying information in order to justify coverage, such as ruling out lower cost generics.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
15
More Provider Fraud Examples (cont’d)
Pharmacy Fraud
• Pharmacy increases the number of refills on a prescription without the prescriber’s permission.
• Pharmacy shorting - providing less medication than ordered and billed.
• Pharmacy dispenses expired drugs or adulterated drugs.
• Processing for services that are not covered under the Over-the- Counter (OTC) benefit.
• Splitting prescriptions, such as splitting a 30-day prescription into four 7-day prescriptions to get additional copays and dispensing fees.
• Billing for prescriptions that are never picked up.
• Re-dispensing unused medications that have been returned or not picked up.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
16
More Provider Fraud Examples (cont’d)
Overbilling or Duplicate Billing
• Billing a patient more than the co-pay amount for services that
were prepaid or paid in full by the benefit plan under the terms of a
managed care contract.
• Waiving patient co-pays or deductibles and overbilling the
insurance carrier or benefit plan.
• Billing Medicare or Medicaid and the patient or private insurance
for the same service.
• Provider bills in error and receives payment, then they decide to
continue to submit their claims the same way because it paid them
an additional amount they had not been receiving previously.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
17
More Provider Fraud Examples (cont’d)
Billing for Non-Covered Services
• Billing for non-covered services as covered services (e.g., billing a rhinoplasty as deviated-septum repair).
Fraudulently Justifying Payment
• Misrepresenting a diagnosis in order to justify payment.
• Falsifying documents such as certificates of medical necessity,
plans of treatment and medical records to justify payment.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
18
Member and Agent Fraud Examples
Member Fraud
Misrepresenting personal information by:
• Sharing a beneficiary ID card.
• Falsifying identity, eligibility, or medical condition in order to illegally
receive a drug benefit.
• Member steals prescription pads from her doctor and forges the
provider’s signature.
• Member falsely reports the loss or theft of drugs to obtain prescriptions
for narcotics.
• Member obtains and stores large quantities of drugs to avoid paying out
of pocket costs and ensure access to the drugs during periods of non-
coverage (i.e., purchasing large amounts of drugs and then disenrolling
from the plan).
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
19
More Member and Agent Fraud Examples
Doctor Shopping
• A beneficiary consults a number of doctors for the purpose of obtaining
multiple prescriptions for narcotics or other prescription drugs. Doctor
shopping might be indicative of an underlying scheme, such as stockpiling
or resale on the black market/street.
Theft of ID/Services
• An unauthorized individual uses a member’s Medicare/Medicaid card to
receive medical care, supplies, pharmacy scripts, or equipment; often a
family member or acquaintance.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
20
More Member and Agent Fraud Examples (cont’d)
Agent Fraud
Falsification of Documentation/Forgery
• An agent forging a person’s signature on an application.
Misrepresentation of Benefits
• An agent misrepresenting benefits to persuade an individual to join a
health plan.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
21
Health Plan and Provider Fraud Examples
Encounter Data Falsification
• Health plans knowingly submitting falsified claims encounter data to gain a higher Healthcare Effectiveness Data and Information Set (HEDIS) score.
Underutilization
• Providers or health plans deliberately and systematically deterring members from receiving medically necessary services in order to maximize service funds or capitation revenue.
Quality Access
• Falsification of network adequacy reporting in order obtain government contracts.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
22
Health Plan and Provider Fraud Examples (cont’d)
Inappropriate Enrollment/Disenrollment
• Health plan improperly reporting enrollment and disenrollment data to CMS to inflate prospective payments.
• Online enrollment requests received in the last days of a month, followed by submission of high-cost claims such as infusion therapy claims, in the initial days of the following month.
• Outbound enrollment verification calls identifying that the beneficiary’s telephone number is an automated voicemail box that has not been set up.
• Enrollment requests for beneficiaries deceased prior to enrollment date.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
23
Associate Fraud Examples
• Creating a fictitious provider in the system, and submitting claims that result in
checks going back to the associate’s business or designated address, (i.e., to
a “dummy” corporation).
• Selling or exchanging member information to sales agents with other plans.
• Receiving a kickback or commission from an outside individual or entity in
return for approving claims that should have been denied.
• Falsifying enrollee signatures on any type of document.
• Providing company computer system log-in credentials to other employees or
non-employees for purposes of allowing others to access member information.
• Falsely inflating production-related statistics in order to meet personal or
corporate goals.
• Intentionally providing or concealing inaccurate data in a report to a
government agency.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
24
More Associate Fraud Examples
• Receiving a kickback or commission from an outside individual or entity in
return for approving claims that should have been denied.
• Deliberately and falsely altering the information on a provider ‘s credentialing
application (e.g., altering the date of a provider credentialing application) to
ensure they are credentialed by the Company.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
25
Examples of Abuse
“Abuse” can include a range of improper behaviors or billing practices. For
example:
• Billing for a non-covered service.
• Misusing codes on the claim.
(i.e., the way the service is coded on the claim does not comply with national
or local guidelines or is not billed as rendered)
• Inappropriately allocating costs on a cost report.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
26
Difference Between Fraud and Abuse
Both fraud and abuse are prohibited. The key difference between fraud and abuse is that there is a higher standard for fraud than for abuse: you need intent (knowledge or willfulness) to commit fraud.
Examples of Fraud and Abuse include:
Fraud: The provider knew that service was non-covered, but changed the ICD-9 diagnosis to obtain coverage.
Abuse: Provider suspected that service might not be covered, but figured that she would “test” and submit a claim anyway.
Fraud: Provider sat down with billing policies and deliberately figured out “loop-holes.
Abuse: Provider assumed that must be billing correctly as long as claims paid.
Fraud: Hospital personnel deliberately misclassified expense items.
Abuse: Hospital construed regulatory ambiguities guided solely by financial benefit to hospital.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
27
Abuse Example
Due to poor training, a doctor’s office staff bills all office visits under a single
Current Procedural Terminology (CPT) code (e.g., 99214) for every service,
regardless of complexity or duration. The office staff did not intend to commit
fraud and overcharge and undercharge for the services the doctor provided, but
the doctor ultimately received more reimbursement than she should have
received.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
28
Waste Example
In a hospital setting, a patient needs 375 ml of medication. The pharmaceutical
company does not make a 375 ml bottle but only 500 ml or 1000 ml bottles.
Once the bottle is opened, the unused portion must be disposed of, i.e., “wasted.”
Even greater waste would occur if the hospital consistently orders and uses the
1000 ml bottle when the 500 ml bottle is available.
(Fraud may be occurring if the hospital’s choice to purchase 1000 ml bottles is
influenced, for example, by favorable manufacturer rebates tied to 1000 ml
bottles.)
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
29
FWA Red Flags
• Medical claims that duplicate or unbundle procedures to maximize payment.
• Dates of service not recorded in medical records or that do not match bill
dates.
• Different names or addresses of dependents and primary covered person.
• Duplicate requests for authorization of a service that has been denied.
• Changing documentation during the appeals and grievance process to
overturn a denied authorization.
• Multiple claims submitted on different dates for the same member, each
showing same dates of services or overlapping dates of service.
• Members continually switching Primary Care Providers in order to obtain drug
prescriptions from each.
• Significant “spike” in provider’s claims activity or reimbursement in comparison
to provider’s historical activity.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
30
Individual Responsibilities
The company’s policies and procedures provide you with a road map of
appropriate health plan conduct.
Familiarize yourself with these policies and procedures and follow them.
If, in the course of your work, you come across situations that do not make sense
and you feel might involve fraud, waste or abuse, you can do any and all of the
following:
• Discuss the situation with your supervisor;
• Report the situation to the company’s iCare Hotline at 1-866-364-1350 if
the situation involves conduct by the company or its associates;
• Report the situation directly to the company’s Compliance or Legal
Department personnel.
If you suspect that a provider may be committing fraud, report your suspicion to
the company’s Fraud Hotline at 1-866-678-8355.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
31
The Company’s Responsibility
Through its Corporate Compliance Program, WellCare Health Plans, Inc. and its
subsidiaries ( including Easy Choice Health Plans) investigates suspected fraud,
waste or abuse, and, as appropriate, reports and cooperates with both federal
and state agencies, including law enforcement, CMS and Medicare Drug Integrity
Contractors.
The company’s Special Investigations Unit (SIU) investigates and resolves cases
involving potential fraud where the company is the potential victim.
The SIU comprises claims specialists, investigators, clinical personnel,
regulatory experts and data analysts who focus on detecting, investigating
and resolving cases of FWA.
To ensure compliance and to deter and detect fraud, waste and abuse, the
company conducts regular and periodic compliance audits performed by both
internal and external auditors and staff who have expertise in federal and state
health care laws and regulations.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
32
What’s the Difference Between the iCare Hotline
and the Fraud Hotline?
iCare Hotline: if you suspect inappropriate conduct within the company, you should report it to the iCare Hotline (1-866-364-1350). You may choose to remain anonymous. The iCare Hotline portal is maintained by a third party and is designed to allow a reporter to maintain his or her anonymity throughout the course of an investigation. Calls to the iCare Hotline are handled internally by a small number of designated compliance staff.
Fraud Hotline: if you suspect that a provider or member may be committing fraud against the company, you should report it to the Special Investigation Unit’s Fraud Hotline (1-866-678-8355) or refer to one of the referral mailboxes RXFRAUD, SIU and/or iCare.
WellCare Health Plans, Inc. and its subsidiaries
supports a strong Non-Retaliation Policy and does not
tolerate retaliation against anyone who, in good faith,
reports possible or actual misconduct.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
33
Real Life Examples
• In New Jersey, a podiatrist was sentenced to 24 months in prison and ordered
to pay $350,000 in restitution for his guilty plea to health care fraud. An
investigation revealed that the podiatrist performed routine foot care on
residents in community rooms of low-income buildings, then billed the Medicare
program as if he performed more complex procedures. In fact, residents were
only getting their nails clipped.
• In Georgia, a respiratory therapist was sentenced to 5 years in prison and
ordered to pay $2.7 million in restitution for conspiracy to commit health care
fraud. The respiratory therapist, who worked in a hospital, provided false blood
test results for patients so a Durable Medical Equipment provider could in turn
bill Medicare and Medicaid for unnecessary oxygen treatments.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
34
Potential False Claims Violations
• Misrepresentation of information presented in reports to Medicare or Medicaid
– Pharmaceutical industry paid substantial sums to settle False Claims Act
(FCA) cases based on prices reported to the Red Book and First Data Bank
which did not reflect discounts the companies routinely gave customers.
• Misrepresentation of claims or eligibility data reported to Medicare or Medicaid
– Humana paid $14.5 million to settle allegations that it incorrectly claimed
members as dually eligible for both Medicare and Medicaid, and entered
into a broad five-year corporate integrity agreement with the OIG.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
35
Potential False Claims Violations (cont’d)
Calculation/reporting to Medicare/Medicaid of utilization or costs not supported by
applicable law or regulations.
Interpretations which produce greater revenue to plan at greater cost to
government programs likely to be suspect.
Providing full disclosure, and in some instances obtaining prior approval, is
important to defending such interpretations.
– Columbia/HCA pled guilty to an FCA violation and paid a substantial sum to
settle allegations involving aggressive positions taken on its hospital cost
reports.
Failing promptly to return known or identified overpayments made by the
government or government intermediaries can trigger FCA liability.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
36
Background Checks
As part of our hiring or placement process, the company performs background
checks and screens against certain government exclusion lists on all new
associates upon hire and then on a monthly basis.
As part of the temporary employment placement process, similar background
checks and screening against these same exclusion lists are coordinated.
These checks are important for many reasons, including that the Company may
be sanctioned for employing or contracting with individuals who have certain
types of criminal convictions or who have been excluded from participating in
Federal or State health care programs.
If an individual is found on any of these lists, he or she will be subject to
immediate termination from employment.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
37
Fair Enforcement
WellCare Health Plans, Inc. and its subsidiaries is
committed to complying with federal and state laws.
In cases where laws, regulations, or Code of Conduct is
violated, corrective or disciplinary action will be based
upon a consideration of the facts and circumstances
and other factors, applied to all, without regard to title or
level of responsibility within the organization.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
38
Reporting a Suspected Incident
All Wworkforce members, in good faith, are required to report suspected violations or conduct that appears to be fraudulent or in conflict with the principles of the Compliance Program.
• Reports may be verbal or in writing to:
‒ Supervisor
‒ iCare Hotline (1-866-364-1350) or iCare Web Portal
‒ Regional Compliance or Regulatory Affairs Staff
‒ Chief Auditor
‒ Compliance Liaisons/Director of Market Complaince
‒ Corporate Compliance Department
‒ Chief Compliance Officer
• All reports will remain confidential as outlined in the Compliance Program.
• No adverse or retaliatory actions may lawfully be taken against anyone who reports an issue in good faith.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
39
Duty to Raise Compliance Concerns
Workforce members are our first line of defense in detecting and preventing
violations and all workforce members are obligated to report actual or suspected
violations.
• Failure to report misconduct may disqualify workforce members from eligibility
for raises or bonuses or other disciplinary action, up to and including
termination.
• Always seek advice when you are not sure about the right ethical or legal thing
to do. Do not guess whether a particular action is permitted.
• The company absolutely prohibits retaliation against any workforce
member who raises a compliance concern in good faith.
‒ Retaliation towards a workforce member who raises a compliance concern
in good faith is subject to disciplinary action, up to and including
termination.
‒ If you believe someone has retaliated against you for raising a compliance
concern, call the Compliance Hotline immediately.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
40
Prohibition on Bribes, Kickbacks and Illegal Inducements
• The Federal Anti-Kickback statute (AKS) is designed to protect patients and
Federal health care programs (such as Medicare and Medicaid) from fraud
and abuse.
• It is a felony to knowingly and willfully solicit, receive, offer or pay anything of
value (also called “remuneration”) in return for:
- Patient referrals, or
- Recommendations or orders for any item or service reimbursed by a
Federal health care program.
• Compliance with this law is of the utmost importance because you no longer
need intent or knowledge to commit a violation of the statute.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
41
Prohibition on Bribes, Kickbacks and Illegal Inducements
(cont’d)
• Actions that may violate this law include the receipt or offering of gifts or
entertainment, forgiveness of debts, sales of items at less than fair market
value, and payment for services that exceeds fair market value.
- REMINDER – providing gifts or cash incentives to members or
physicians in exchange for enrollment or accepting payments from
drug or device manufacturers for coverage of their products is
prohibited.
• There are some exceptions to the federal AKS, but given that several states
have enacted anti-kickback laws that may be more restrictive than the federal
AKS, please contact the Compliance or Legal Departments if you are asked to
give or receive certain items referred to above.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
42
Prohibition on Bribes, Kickbacks and Illegal Inducements
(cont’d)
Penalties:
Medicare Advantage Organization (MAO) – Prescription Drug Benefit (PDP)
enrollment freeze and sanctions under CMS authority up to $25,000 per
beneficiary impacted by an anti-kickback violation.
Providers: up to five years in prison and fine up to $25,000.
• If a patient suffers bodily injury as a result of any kickback schemes, such as
unnecessary procedures, the prison sentence may be 20 plus years.
The Beneficiary Inducement Statute prohibits certain inducements to Medicare
beneficiaries. i.e. waives the coinsurance and deductible amounts after
determining in good faith that the individual is in financial need; or fails to collect
coinsurance or deductible amounts after making reasonable collection efforts.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
43
Physician Self-Referral – “Stark Law”
The Stark Law is related to, but not the same as, the Federal Anti-Kickback
Statute.
The Stark Law:
• Prohibits a physician from making referrals for certain designated health
services payable by Medicare and Medicaid to an entity with which he or she
(or an immediate family member) has a financial relationship (ownership,
investment, or compensation), unless an exception applies.
• Prohibits the entity from presenting or causing to be presented claims to
Medicare and/or Medicaid (or billing another individual, entity, or third party
payer) for those referred services.
• Establishes a number of specific exceptions and grants the Secretary the
authority to create regulatory exceptions for financial relationships that do not
pose a risk of program or patient abuse.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
44
Physician Self-Referral – “Stark Law” (cont’d)
Penalties:
• Civil monetary penalties of potentially $15,000 for each service.
• Civil assessment up to treble the amount claimed.
• Overpayment refund obligation.
• False claims liability.
• Program exclusion for knowing violations.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
45
Government Reimbursement and the False Claims Act
The Federal False Claims Act (FCA) is a general fraud statute that aids the
federal government in recovering losses it suffers due to fraud in Federal health
care programs.
• The FCA enables private “whistleblowers” to bring suits on behalf of the
government for a portion of the fraud recovery.
• The law has been expanded in recent years to:
- Encompass so-called “reverse false claims” (i.e., failures to return
overpayments).
- Require any overpayments to be reported and returned within 60 days
from identification.
• Associates involved with submitting claims or making payments to Federal
health care programs will receive additional training on the False Claims Act.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
46
Government Reimbursement and the False Claims Act
(cont’d)
In general, part of the statute refers to any entity knowingly presenting, or causing
to be presented, a false claim for payment or approval or causing to be made or
used, a false record or statement material to a false or fraudulent claim.
The Office of Inspector General (OIG), in consultation with the Attorney General
determines whether states have false claims acts that qualify for an incentive
under Section 1909 of the Social Security Act. Those states deemed to have
qualifying laws, receive a ten (10) percentage-point increase in their share of any
amounts recovered under such laws. The OIG guidelines for evaluating states’
FCAs were updated and became effective March 15, 2013.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
47
Government Reimbursement and the False Claims Act
(cont’d)
“Knowingly” can be:
• Actual knowledge.
• “Deliberate ignorance”.
• “Reckless disregard”.
• But not “mere negligence”.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
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Government Reimbursement and the False Claims Act
(cont’d)
In recent years, the FCA was expanded explicitly to reach reverse false claims in cases of failure to repay overpayments.
• A reverse false claim is when you receive money that you should not, and say nothing or conceal that an amount is owed.
• The Patient Protection and Affordable Care Act (PPACA), signed into law on
March 23, 2010, requires that any overpayments be reported and returned
within 60 days from identification to avoid FCA liability and administrative
penalties.
Risk of investigation and liability and repayment obligations have increased following enactment of these new laws.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
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Government Reimbursement and the False Claims Act
(cont’d)
Penalties may include:
• Treble damages: up to three times the amount of damages sustained by the
government as a result of the fraudulent claim(s).
• Fines: A civil monetary penalty of between $5,500 - $11,000 per false claim.
• Exclusion: FCA liability can give rise to exclusion* from Federal health care
programs, such as Medicare and Medicaid.
• Suspensions/loss of provider license/ Medicare Provider number.
Many states, such as Florida, Hawaii, Georgia, Illinois and New York, have their
own false claims acts that apply to state Medicaid programs and can lead to
additional liability.
*Exclusion: No federal health care program payment may be made for any item or service furnished,
ordered, or prescribed by an individual or entity excluded by the Office of the Inspector General (OIG).
Individuals must be checked at the time of hire and monthly thereafter against the OIG List of Excluded
Individuals and Entities and the U.S. Government’s System for Award Management (SAM) list.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
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Government Reimbursement and the False Claims Act
(cont’d)
Under the civil FCA, each instance of an item or a service billed to Medicare or
Medicaid counts as a claim, so fines can add up quickly.
The fact that a claim results from a kickback or is made in violation of the Stark
law also may render it false or fraudulent, creating liability under the civil FCA as
well as the Anti-Kickback Statute or Stark law.
There also is a criminal FCA. Criminal penalties for submitting false claims
include imprisonment and criminal fines.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
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Examples of False Claims
• Preparing a bid submission package to CMS or a State Medicaid program that contains false data and other information.
• Overstating the amount of payment due from a state or federal health care program.
• Certifying to the accuracy of a report or data used in a submission to the government knowing that the data is inaccurate or without checking its accuracy; the submission of false enrollment or claims data to CMS constitutes a false claim.
• Understating a refund obligation in a report to Medicare or a state Medicaid program.
• Concealing an identified overpayment made by Medicare or a state Medicaid program without reporting and returning the overpayment to the appropriate payor.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
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Relevant Laws
The False Claims Act, or FCA was enacted in 1863 to fight procurement fraud
in the Civil War.
• The FCA has historically prohibited knowingly presenting or causing to be
presented to the federal government a false or fraudulent claim for payment or
approval.
• The FCA was recently amended through the American Recovery and
Reinvestment Act of 2009 (ARRA) to expand the scope of liability and give the
government enhanced investigative powers.
• FCA liability now extends to subcontractors working on government funded
projects as well as those who submit claims for reimbursement to government
agents and state agencies. This may indicate FCA liability for claims submitted
to MAO and Medicaid HMOs.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
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Relevant Laws (cont’d)
Whistleblower and Whistleblower Protections:
The False Claims Act and some state false claims laws permit private citizens
with knowledge of fraud against the U.S. Government or state government to file
suit on behalf of the government against the person or business that committed
the fraud.
Individuals who file such suits are known as ‘whistleblowers’. The Federal False
Claims Act and some state false claims acts prohibit retaliation against
individuals for investigating, filing, or participating in a whistleblower action.
The company expressly prohibits retaliation against employees – including
employees of first tier, downstream, and related entities – who, in good
faith, report or participate in the investigation of compliance concerns.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
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Excluded Entities and Individuals
The CFR provides the OIG the authority to exclude individuals or entities from
participating in federal or state healthcare programs.
• First tier, downstream and related entities may not employ or contract with
entities or individuals who are excluded from doing business with the federal
government.
• The OIG maintains a database of excluded individuals and entities and all
providers have an obligation to screen individuals and entities prior to hiring
and on a periodic basis.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
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Penalties for Non-Compliance – Federal Criminal Statutes
Knowing and intentional compliance violations, depending on their severity, may
cause the company (and any associates, officers, contractors, or agents) to
violate criminal fraud statutes, including statutes that punish:
• Submission of False Claims and Making False Statements: Imposes
criminal fines or up to 5 years in prison if the company knowingly and
intentionally submits or causes the submission of false claims to the
government. Such false “claims” may include:
- Requests for reimbursement through Kick payment claims or billing to
State Pharmaceutical Assistance Programs (SPAPs).
- Reports of costs.
- Encounter data.
- Any other reports that contain information and data and affect the
reimbursement the company receives from CMS or state Medicaid
programs.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
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Penalties for Non-Compliance – Federal Criminal Statutes
(cont’d)
• Mail Fraud: Imposes criminal fines and/or 20 years in prison for anyone
who commits fraud through the mail.
• Health Care Fraud: Imposes criminal fines and up to 10 years in prison for
anyone who defrauds Medicare or Medicaid.
• Wire Fraud: Imposes criminal fines and up to 20 years in prison for
committing fraud through wire, radio or television communications.
• Obstruction of Justice: Imposes criminal fines and up to 20 years in prison
for anyone who covers up or conceals records in order to interfere with a
government investigation.
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
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Summary
As members of the workforce, we are expected to:
• Follow the Code of Conduct and Business Ethics.
• Abide by all Company Policies and Procedures.
• Adhere to State and Federal Regulations.
• Report Any Suspected Compliance Violations.
• Complete General Compliance training on at least an annual basis.
l
iCare Program Overview Attestation
By entering my name and the date completed in the designated box below, I
attest that:
• I have read and understood the content of this training course.
• I will comply with the Code of Conduct and Business Ethics, policies and procedures (either referenced in this training or those that apply to my role), as well as the spirit and letter of all laws and regulations.
• I wil l seek guidance from, and raise concerns about possible violations ofthe Code of Conduct, policies and procedure or applicable laws and regulations with my Supervisor, senior management or through the iCare Hotline.
I I
PROPERnES On passin§ 'Finish' button: On failing, 'finish'button:
Allow user1o leave Q.Jiz: User may view siides after quiz:
User may atte:f'll)1quiz:
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Thank you!
Your successful completion of
General Compliance Training
and
Fraud Waste and Abuse Prevention Awareness Training
Call us anytime with questions. Need to raise a compliance concern? Call 1-866-364-1350.
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