Liability under the Civil False Claims Act has been expanded. On May 20, 2009, President Obama signed the Fraud Enforcement and Recovery Act (FERA) into law. FERA contains amendments to the civil False Claims Act (FCA) that expand liability under FCA and gives the government increased powers to investigate. According…
Out of network patient billing gives rise to many issues. As a result, some health care providers, including physician groups and ambulatory surgery centers, have struggled with the decision to participate or not to participate in various insurance plans. In addition to the political considerations that arise, various state and…
The CFO and treasurer of PRG-Schultz International, Peter Limeri, will resign on May 31. PRG-Schultz is a subcontractor in the Centers for Medicare and Medicaid Services (CMS)’ Recovery Audit Contractor (RAC) program that identifies and corrects past improper payments from healthcare providers. As a subcontractor, PRG-Schultz keeps between 9% and…
The Health Care Fraud Prevention and Enforcement Action Team (“HEAT”)’s formation was announced today by US Attorney General Eric Holder and U.S. Secretary of Health and Human Services (“HHS”) Kathleen Sebelius. The purpose of HEAT is to assist in the crackdown on Medicare fraud. HEAT will be comprised of members…
Ambulatory Surgery Centers (“ASCs”) need to take note of additional federal Conditions for Coverage (“CFCs”) governing patient rights that took effect May 18, 2009. The Amendments to these CFCs, which the Centers for Medicare and Medicaid Services (CMS) published on November 18, 2008, are codified at “Part 416 – Ambulatory…
A presentation explaining basic information about Recovery Audit Contractors (RACs) was published by The Centers for Medicare and Medicaid Services (CMS) on their website. The presentation describes RACs as a way to identify and resolve past improper payments, as well as provide reason to avoid future improper payments. Any entity…
The Centers for Medicare and Medicaid Services (CMS) posted a new FAQ regarding Recovery Audit Contractors (RACs) on their website. The FAQ inquires what claim dates CMS uses to determine RAC medical record request limits for a fiscal year. CMS responded that they originally intended to use a designated calendar…
Medicare trust funds are expected to deplete sooner than projected last year, according to a report released by Medicare trustees. While their 2008 report estimated that funds would run out in 2019, this year’s report predicts that funds will exhaust in 2017. The current economic recession, an increasing need to…
On May 12, 2009, Robert S. Iwrey, Esq. will present to members of the Oakland County Medical Society and Oakland County Bar Association. Mr. Iwrey, one of the founding shareholders of The Health Law Partners, P.C., will co-present with Virginia Trzaskoma, the Assistant Attorney General of the State of Michigan.…
Michigan Governor Jennifer Granholm ordered decreases in the payment of Medicaid providers as part of the state’s budget cuts seeking to eliminate this year’s expected deficit. These cuts are in spite of the fact that the number of Michigan Medicaid patients is growing. While this growth draws more federal funding,…