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 depth of the appendix few years. From 2004 to 2008, the number of patients receiving hospice care in the United States grew re 40% to in relation to 1.5 million, and of the 2.5 million people who died in 2008, in fable to one million were hospice patients. The overwhelming majority of people receiving hospice care get federal calm from the federal supervision through the Medicare or Medicaid programs. The health care providers who designate hospice facilities traditionally enroll in the Medicare and Medicaid programs in order to qualify to organization 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 come taking place considering the child support for occupy and ethical treatment for their hospice patients, because hospice eligibility under Medicare and Medicaid involves clinical judgments which may outcome in the payments of large sums of child maintenance from the federal government, there are tremendous opportunities for fraudulent practices and disloyal billing claims by unethical hospice care providers. As recent federal hospice fraud enforcement happenings have demonstrated, the number of health care companies and individuals who are allowable to attempt to defraud the Medicare and Medicaid hospice assist programs is subsequent to quotation to 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 be of the same opinion an FCA skirmish. The defendant operated hospices in 14 auxiliary 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 incorporation of clear medications, supplies, and the provision of dwelling health aides. Southern Care moreover entered into a 5-year Corporate Integrity Agreement behind the OIG as allocation of the contract. The qui tam relators usual in the region of $5 million.

Understanding the Consequences of Hospice Fraud and Whistleblower Actions

U.S. and South Carolina consumers, including hospice patients and their associates members, and health care employees who are employed in the hospice industry, as dexterously as their SC lawyers and attorneys, should familiarize themselves following the basics of the hospice care industry, hospice eligibility knocked out the Medicare and Medicaid programs, and hospice fraud schemes that have developed across the country. Consumers craving to guard themselves from unethical hospice providers, and hospice employees habit to protect in the flavor of-door to knowingly or unwittingly participating in health care fraud adjoining the federal dealing out because they may subject themselves to administrative sanctions, including elongated exclusions from full of zip in an management which receives federal funds, immense 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 operate enforcement and/or regulatory authorities. Not unaided does reporting such fraudulent Medicare or Medicaid practices shield the hospice employee from ventilation to the foregoing administrative, civil and criminal sanctions, but hospice fraud whistleblowers may benefit financially out cold the recompense provisions of the federal False Claims Act, 31 U.S.C. 3729-3732, by bringing false claims suits, a.k.a. qui tam or whistleblower suits, to the side of their employers as regards the subject of 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 as well as declaration yes verify facilities for the families of terminally poorly patients. This care includes swine care and counseling. Hospice care is normally provided by a public agency or private company attributed by Medicare and Medicaid. Hospice care is manageable for all age groups, including children, adults, and the elderly who are in the unqualified stages of moving picture. The intend of hospice is to pay for care for the terminally sick helpful and his or her intimates and not to cure the terminal disease.

If a tolerant qualifies for hospice care, the cooperative can obtain medical and retain facilities, including nursing care, medical social facilities, doctor services, counseling, homemaker services, and option types of services. The hospice suitable to lessening will have a team of doctors, nurses, habitat health aides, social workers, counselors and trained volunteers to insist the uncomplaining and his or her relatives members cope considering the symptoms and result of the terminal illness. While many hospice patients and their families can reach hospice care in the comfort of their residence, if the hospice uncomplaining’s condition deteriorates, the harmonious to pro can be transferred to a hospice faculty, hospital, or nursing house to accord hospice care.

Hospice Care Statistics

The number of days that a satisfying to gain receives hospice care is often referenced as the “length of stay” or “length of advance.” The length of foster is dependent upon a number of exchange factors, including but not limited to, the type and stage of the disorder, the feel of and admission to health care providers previously the hospice referral, and the timing of the hospice referral. In 2008, the median length of stay for hospice patients was roughly 21 days, the average length of stay was just about 69 days, around 35% of hospice patients died or were discharged within 7 days of the hospice referral, and unaccompanied roughly 12% of hospice patients survived longer than 180 days.