Does Your State Accept Medicaid For Assisted Living Facilities?

Before private state governments passed much-needed legislation, many assisted living facilities were only secret pay situations. Fortunately, for many older Americans facing housing dilemmas, Medicaid waiver programs have taken up much of the slack that Medicare did not. Providing funds for placement in assisted living facilities as well as a estimate of other helpful services, Medicaid helps lower-income, elderly individuals receive the care they need.

All states accept funds from Medicaid waiver programs for placement within a nursing home, which are ordinarily more expensive than assisted living facilities. While many states do not identify funds from Medicaid waiver programs for assisted living, those that do are located throughout the country and offer many options to aging Americans needing assistance with daily living activities. After searching high and low, looking a general summary of states that offer the Medicaid waiver schedule for assisted living was rather nonexistent, but my explore is your gain.

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Medicaid Waiver Programs State Line-Up

As of publication, there are no definitive lists that outline states with Medicaid waiver programs for assisted living facilities. At best, the government (via the Centers of Medicare and Medicaid Services) has created an online list of all Medicaid waiver programs (1), meaning visitors have to spend time looking the desired information. Although I've outlined the states that do accept Medicaid waiver programs, sure impediments may be in place to securing a Medicaid-covered bed in an assisted living facility. Be aware that some states may offer the schedule on a trial basis, ensue little participation quotas, or are just introducing the schedule to state residents. As always, verify eligibility requirements with the Centers for Medicare and Medicaid Services.

i. Arkansas - Aged and disabled schedule participants are in case,granted with adult residential care, assisted living, and medication assistance and consulting till death.

ii. California - starting in 2003, California began offering Medicaid waiver programs to aged individuals.

iii. Delaware - schedule participants with Alzheimer's, dementia, physical disabilities, or needing assistance with activities of daily living (Adls) are in case,granted with funds for assisted living facilities.

iv. Florida - There are quite a few Medicaid waiver programs for the state of Florida, along with a broad waiver for all individuals aged 65 or older; individuals with Alzheimer's disease and dementia; case administration services; assisted living; incontinence supplies to frail, elderly, and disabled individuals aged 60 or older; and a home and community based waiver that offers mental health services to seniors in exact areas of the state.

v. Iowa - Many assisted living facilities across the state accept money from Medicaid waiver programs; however, the estimate of residents in a premise using these funds is limited.

vi. Indiana - Aged and disabled individuals are in case,granted with case management, transportation, assisted living, healing equipment, congregate care, home delivered meals, nutritional supplements, and much more. The state also offers a targeted assisted living waiver schedule that focuses on therapeutic communal and recreational programming.

vii. Maryland - schedule participants are assessed and, if deemed eligible, are offered either services in the home or placement in an assisted living facility.

viii. Mississippi - Medicaid waiver programs for this state cover individuals requiring assisted living services due to disabilities, Alzheimer's disease, and dementia as well as individuals aged 65 and older needing adult residential care.

ix. Missouri - schedule participants aged 65 and older needing assisted living services are eligible.

x. Nebraska - Individuals aged 65 or older who agree to participate in healing and health care evaluations are eligible for home services or can be located in an assisted living premise (2).

xi. New Jersey - Under the Enhanced community Options waiver (3), individuals can either remain at home to receive assistive services or be located in an assisted living facility.

xii. Ohio - The Ohio branch of Aging is responsible for determining applicants' waiver eligibility, estimation of disabilities, prognoses, and financial assets for proper placement within assisted living facilities.

xiii. Rhode Island - Aged and disabled individuals are in case,granted with assisted living services, case management, and specialized healing equipment.

xiv. Vermont - Eligible Medicaid recipients are in case,granted with assisted living services under Choices for Care, 1115 Long-Term Care Medicaid Waiver, as well as a estimate of other care options.

xv. Virginia - This state's Medicaid waiver programs apply only to individuals with Alzheimer's disease or dementia who want the services of assisted living facilities. Depending upon the healing circumstances, age limits may be in effect.

xvi. Washington - The waiver schedule provides for aged and disabled residents at assisted living facilities.

xvii. West Virginia - Aged and disabled schedule participants are in case,granted with adult residential care and assisted living services.

Additionally, some states offer details on restrictions and eligibility that can be downloaded by navigating to each respective state's Medicaid waiver informational link: www.cms.hhs.gov/MedicaidStWaivProgDemoPgi/Mwdl/list.asp?intNumPerPage=all&submit=Go

What to Look for in the Future

State governments determine eligibility based on income, giving lower-income seniors an occasion to be located in a premise that will look after their needs and supervise daily activities. With the baby boomers retiring as we speak and well into the arrival years, will we see increase in the estimate of Medicaid-eligible assisted living facilities in other states? perhaps the thirty-three or so other states will perceive the staggering benefits to both seniors and community in general.

Sources
1. Cms.hhs.gov/MedicaidStWaivProgDemoPgi/Mwdl/list.asp?intNumPerPage=all&submit=Go
2. Nenaaa.com/finding-care/aged-medicaid/
3. State.nj.us/health/senior/go.shtml

Does Your State Accept Medicaid For Assisted Living Facilities?

Hospice Fraud - A present For Employees, Whistleblowers, Attorneys, Lawyers and Law Firms

Hospice fraud in South Carolina and the United States is an expanding question as the estimate of hospice patients has exploded over the past few years. From 2004 to 2008, the estimate of patients receiving hospice care in the United States grew practically 40% to nearly 1.5 million, and of the 2.5 million citizen who died in 2008, nearly one million were hospice patients. The overwhelming majority of citizen receiving hospice care receive federal benefits from the federal government through the Medicare or Medicaid programs. The condition care providers who contribute hospice services traditionally enroll in the Medicare and Medicaid programs in order to qualify to receive payments under these government programs for services rendered to Medicare and Medicaid eligible patients.

While most hospice condition care organizations contribute suitable and ethical treatment for their hospice patients, because hospice eligibility under Medicare and Medicaid involves clinical judgments which may supervene in the payments of large sums of money from the federal government, there are great opportunities for fraudulent practices and false billing claims by unscrupulous hospice care providers. As modern federal hospice fraud compulsion actions have demonstrated, the estimate of condition care companies and individuals who are willing to try to defraud the Medicare and Medicaid hospice benefits programs is on the rise.

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A modern example of hospice fraud provocative a South Carolina hospice is Southern Care, Inc., a hospice company that in 2009 paid .7 million to conclude an Fca case. The defendant operated hospices in 14 other 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 ill, lack of documentation of concluding illnesses, and that the company marketed to possible patients with the promise of free medications, supplies, and the provision of home condition aides. Southern Care also entered into a 5-year Corporate Integrity bargain with the Oig as part of the settlement. The qui tam relators received practically million.

Understanding the Consequences of Hospice Fraud and Whistleblower Actions

U.S. And South Carolina consumers, including hospice patients and their house members, and condition care employees who are employed in the hospice industry, as well as their Sc lawyers and attorneys, should familiarize themselves with the basics of the hospice care industry, hospice eligibility under the Medicare and Medicaid programs, and hospice fraud schemes that have developed across the country. Consumers need to protect themselves from unethical hospice providers, and hospice employees need to guard against knowingly or unwittingly participating in condition care fraud against the federal government because they may subject themselves to administrative sanctions, including lengthy exclusions from working in an society which receives federal funds, great civil monetary penalties and fines, and criminal sanctions, including incarceration. When a hospice employee discovers fraudulent conduct provocative Medicare or Medicaid billings or claims, the employee should not participate in such behavior, and it is imperative that the unlawful conduct be reported to law compulsion and/or regulatory authorities. Not only does reporting such fraudulent Medicare or Medicaid practices shield the hospice employee from exposure to the foregoing administrative, civil and criminal sanctions, but hospice fraud whistleblowers may benefit financially under the repaymen provisions of the federal False Claims Act, 31 U.S.C. §§ 3729-3732, by bringing false claims suits, also known as qui tam or whistleblower suits, against their employers on behalf of the United States.

Types of Hospice Care Services

Hospice care is a type of condition care service for patients who are terminally ill. Hospices also contribute support services for the families of terminally ill patients. This care includes bodily care and counseling. Hospice care is commonly provided by a public agency or inexpressive company beloved by Medicare and Medicaid. Hospice care is available for all age groups, including children, adults, and the elderly who are in the final stages of life. The purpose of hospice is to contribute care for the terminally ill inpatient and his or her house and not to cure the concluding illness.

If a inpatient qualifies for hospice care, the inpatient can receive healing and support services, including nursing care, healing public services, doctor services, counseling, homemaker services, and other types of services. The hospice inpatient will have a team of doctors, nurses, home condition aides, public workers, counselors and trained volunteers to help the inpatient and his or her house members cope with the symptoms and consequences of the concluding illness. While many hospice patients and their families can receive hospice care in the comfort of their home, if the hospice patient's condition deteriorates, the inpatient can be transferred to a hospice facility, hospital, or nursing home to receive hospice care.

Hospice Care Statistics

The estimate of days that a inpatient receives hospice care is often referenced as the "length of stay" or "length of service." The distance of service is dependent on a estimate of dissimilar factors, including but not minute to, the type and stage of the disease, the quality of and way to condition care providers before the hospice referral, and the timing of the hospice referral. In 2008, the average distance of stay for hospice patients was about 21 days, the average distance of stay was about 69 days, practically 35% of hospice patients died or were discharged within 7 days of the hospice referral, and only about 12% of hospice patients survived longer than 180 days.

Most hospice care patients receive hospice care in inexpressive homes (40%). Other locations where hospice services are provided are nursing homes (22%), residential facilities (6%), hospice inpatient facilities (21%), and acute care hospitals (10%). Hospice patients are commonly the elderly, and hospice age group percentages are 34 years or less (1%), 35 - 64 years (16%), 65 - 74 years (16%), 75 - 84 years (29%), and over 85 years (38%). As for the concluding illness resulting in a hospice referral, cancer is the analysis for practically 40% of hospice patients, followed by debility unspecified (15%), heart disease (12%), dementia (11%), lung disease (8%), stroke (4%) and kidney disease (3%). Medicare pays the great majority of hospice care expenses (84%), followed by inexpressive insurance (8%), Medicaid (5%), charity care (1%) and self pay (1%).

As of 2008, there were practically 4,700 locations which were providing hospice care in the United States, which represented about a 50% growth over ten years. There were about 3,700 companies and organizations which were providing hospice services in the United States. About half of the hospice care providers in the United States are for-profit organizations, and about half are non-profit organizations.
General overview of the Medicare and Medicaid Programs

In 1965, Congress established the Medicare program to contribute condition insurance for the elderly and disabled. Payments from the Medicare program arise from the Medicare Trust fund, which is funded by government contributions and through payroll deductions from American workers. The Centers for Medicare and Medicaid Services (Cms), previously known as the condition Care Financing supervision (Hcfa), is the federal agency within the United States agency of condition and Human Services (Hhs) that administers the Medicare program and works in partnership with state governments to administer Medicaid.

In 2007, Cms reorganized its ten geography-based field offices to a Consortia structure based on the agency's key lines of business: Medicare condition plans, Medicare financial management, Medicare fee for service operations, Medicaid and children's health, contemplate & certification and quality improvement. The Cms consortia consist of the following:

• Consortium for Medicare condition Plans Operations
• Consortium for Financial supervision and Fee for service Operations
• Consortium for Medicaid and Children's condition Operations
• Consortium for quality revision and contemplate & Certification Operations

Each consortium is led by a Consortium Administrator (Ca) who serves as the Cms's national focal point in the field for their company line. Each Ca is responsible for consistent implementation of Cms programs, course and advice across all ten regions for matters pertaining to their company line. In expanding to responsibility for a company line, each Ca also serves as the Agency's senior supervision legal for two or three Regional Offices (Ros), representing the Cms Administrator in external matters and overseeing administrative operations.

Much of the daily supervision and carrying out of the Medicare program is managed through inexpressive insurance companies that ageement with the Government. These inexpressive insurance companies, sometimes called "Medicare Carriers" or "Fiscal Intermediaries," are expensed with and responsible for accepting Medicare claims, determining coverage, and development payments from the Medicare Trust Fund. These carriers, including Palmetto Government Benefits Administrators (hereinafter "Pgba"), a agency of Blue Cross and Blue Shield of South Carolina, control pursuant to 42 U.S.C. §§ 1395h and 1395u and rely on the good faith and careful representations of condition care providers when processing claims.

Over the past forty years, the Medicare program has enabled the elderly and disabled to obtain critical healing services from healing providers throughout the United States. critical to the success of the Medicare program is the underlying view that condition care providers accurately and really submit claims and bills to the Medicare Trust Fund only for those healing treatments or services that are legitimate, inexpensive and medically necessary, in full compliance with all laws, regulations, rules, and conditions of participation, and, further, that healing providers not take benefit of their elderly and disabled patients.

The Medicaid program is available only to determined low-income individuals and families who must meet eligibility requirements set forth by federal and state law. Each state sets its own guidelines concerning eligibility and services. Although administered by private states, the Medicaid program is funded primarily by the federal government. Medicaid does not pay money to patients; rather, it sends payments directly to the patient's condition care providers. Like Medicare, the Medicaid program depends on condition care providers to accurately and really submit claims and bills to program administrators only for those healing treatments or services that are legitimate, inexpensive and medically necessary, in full compliance with all laws, regulations, rules, and conditions of participation, and, further, that healing providers not take benefit of their indigent patients.

Medicare & Medicaid Hospice Laws Which sway Sc Hospices

Hospice fraud occurs when hospice organizations, by and through their employees, agents and owners, knowingly violate the terms and conditions of the applicable Medicare and Medicaid hospice statutes, regulations, rules and conditions of participation. In order to be able to recognize hospice fraud, hospices, hospice patients, hospice employees and their attorneys and lawyers must know the Medicare laws and requirements relating to hospice care benefits.

Medicare's two main sources of authorization for hospice benefits are found in the public safety Act and the U.S. Code of Federal Regulations. The statutory provisions are primarily found at 42 U.S.C. §§ 1395d, 1395e, 1395f(a)(7), 1395x(d)(d), and 1395y, and the regulatory provisions are found at 42 C.F.R. Part 418.

To be eligible for Medicare benefits for hospice care, the inpatient must be eligible for Medicare Part A and be terminally ill. 42 C.F.R. § 418.20. concluding illness is established when "the private has a healing analysis that his or her life expectancy is 6 months or less if the illness runs its general course." 42 C.F.R. § 418.3; 42 U.S.C. § 1395x(d)(d)(3). The patient's doctor and the healing director of the hospice must certify in writing that the inpatient is "terminally ill." 42 U.S.C. § 1395f(a)(7); 42 C.F.R. § 418.20. After a patient's introductory certification, Medicare provides for two ninety-day benefit periods followed by an unlimited estimate of sixty-day benefit periods. 42 U.S.C. § 1395d(a)(4). At the end of each ninety- or sixty-day period, the inpatient can be re-certified only if at that time he or she has less than six months to live if the illness runs its general course. 42 U.S.C. § 1395f(a)(7)(A). The written certification and re-certifications must be maintained in the patient's healing records. 42 C.F.R. § 418.23. A written plan of care must be established for each inpatient setting forth the types of hospice care services the inpatient is scheduled to receive, 42 U.S.C. § 1395f(a)(7)(B), and the hospice care has to be provided in accordance with such plan of care. 42 U.S.C. § 1395f(a)(7)(C); 42 C.F.R. § 418.56. Clinical records for each hospice inpatient must be maintained by the hospice, including plan of care, assessments, clinical notes, signed notice of election, inpatient responses to medication and therapy, doctor certifications and re-certifications, outcome data, strengthen directives and doctor orders. 42 C.F.R. § 418.104.

The hospice must obtain a written notice of choosing from the inpatient to elect to receive Medicare hospice benefits. 42 C.F.R. § 418.24. Importantly, once a inpatient has elected to receive hospice care benefits, the inpatient waives Medicare benefits for healing treatment for the concluding disease upon which is the admitting diagnosis. 42 C.F.R. § 418.24(d).

The hospice must designate an Interdisciplinary Group (Idg) or groups composed of individuals who work together to meet the physical, medical, psychosocial, emotional, and spiritual needs of the hospice patients and families facing concluding illness and bereavement. 42 C.F.R. § 418.56. The Idg members must contribute the care and services offered by the hospice, and the group, in its entirety, must supervise the care and services. A registered nurse that is a member of the Idg must be designated to contribute coordination of care and to ensure continuous assessment of each patient's and family's needs and implementation of the interdisciplinary plan of care. The interdisciplinary group must include, but is not minute to, the following great and competent professionals: (i) A doctor of treatment or osteopathy (who is an employee or under ageement with the hospice); (ii) A registered nurse; (iii) A public worker; and, (iv) A pastoral or other counselor. 42 C.F.R. § 418.56.

The Medicare hospice regulations, at 42 C.F.R. § 418.200, summarize the requirements for hospice coverage in pertinent part as follows:

To be covered, hospice services must meet the following requirements. They must be inexpensive and critical for the palliation and supervision of the concluding illness as well as connected conditions. The private must elect hospice care in accordance with §418.24. A plan of care must be established and periodically reviewed by the attending physician, the healing director, and the interdisciplinary group of the hospice program as set forth in §418.56. That plan of care must be established before hospice care is provided. The services provided must be consistent with the plan of care. A certification that the private is terminally ill must be completed as set forth in section §418.22.

The public safety Act, at 42 U.S.C. § 1395y(a), limits Medicare hospice benefits, providing in pertinent part as follows: "Notwithstanding any other provision of this title, no payment may be made under part A or part B for any expenses incurred for items or services-... (C) in the case of hospice care, which are not inexpensive and critical for the palliation or supervision of concluding illness...." 42 C.F.R. § 418.50 (hospice care must be "reasonable and critical for the palliation and supervision of concluding illness"). Palliative care is defined in the regulations as "patient and family-centered care that optimizes quality of life by anticipating, preventing, and treating suffering. Palliative care throughout the continuum of illness involves addressing physical, intellectual, emotional, social, and spiritual needs and to facilitate inpatient autonomy, way to information, and choice." 42 C.F.R. § 418.3.

Medicare pays hospice agencies a daily rate for each day a beneficiary is enrolled in the hospice benefit and receives hospice care. The daily payments are made regardless of the estimate of services furnished on a given day and are intended to cover costs that the hospice incurs in furnishing services identified in the patient's plan of care. There are four levels of payments which are made based on the estimate of care required to meet beneficiary and house needs. 42 C.F.R. § 418.302; Cms Hospice Fact Sheet, November 2009. These four levels, and the corresponding 2010 daily rates, are as follows: disposition home care (2.91); continuous home care (4.10); inpatient respite care (7.83); and, general inpatient care (5.74).

The blend every year cap per inpatient in 2009 was ,014.50. This cap is considered by adjusting the customary hospice inpatient cap of ,500, set in 1984, by the buyer Price Index. See Cms Internet-Only by hand 100-04, part 11, section 80.2; 42 U.S.C. § 1395f(i); 42 C.F.R. § 418.309. The Medicare Claims Processing Manual, at part 11 - Processing Hospice Claims, in Section 80.2, entitled "Cap on total Hospice Reimbursement," provides in pertinent part as follows: "Any payments in excess of the cap must be refunded by the hospice."

Hospice patients are responsible for Medicare co-insurance payments for drugs and respite care, and the hospice may charge the inpatient for these co-insurance payments. However, the co-insurance payments for drugs are minute to the lesser of or 5% of the cost of the drugs to the hospice, and the co-insurance payments for respite care are commonly 5% of the payment made by Medicare for such services. 42 C.F.R. § 418.400.

The Medicare and Medicaid programs require institutional condition care providers, including hospice organizations, to file an enrollment application in order to qualify to receive the programs' benefits. As part of these enrollment applications, the hospice providers certify that they will comply with Medicare and Medicaid laws, regulations, and program instructions, and additional certify that they understand that payment of a claim by Medicare and Medicaid is conditioned upon the claim and underlying transaction complying with such program laws and requirements. The Medicare Enrollment Application which hospice providers must execute, Form Cms-855A, states in part as follows: "I agree to abide by the Medicare laws, regulations and program instructions that apply to this provider. The Medicare laws, regulations, and program instructions are available through the Medicare contractor. I understand that payment of a claim by Medicare is conditioned upon the claim and the underlying transaction complying with such laws, regulations, and program instructions (including, but not minute to, the Federal Aks and Stark laws), and on the provider's compliance with all applicable conditions of participation in Medicare."

Hospices are commonly required to bill Medicare on a monthly basis. See the Medicare Claims Processing Manual, at part 11 - Processing Hospice Claims, in Section 90 - Frequency of Billing. Hospices commonly file their hospice Medicare claims with their Fiscal Intermediary or Medicare Carrier pursuant to the Cms Claims by hand Form Cms 1450 (sometime also called a Form Ub-04 or Form Ub-92), either in paper or electronic form. These claim forms contain representations and certifications which state in pertinent part that: (1) misrepresentations or falsifications of critical facts may serve as the basis for civil monetary penalties and criminal convictions; (2) submission of the claim constitutes certification that the billing facts is true, correct and complete; (3) the submitter did not knowingly or recklessly disregard or misrepresent or conceal material facts; (4) all required doctor certifications and re-certifications are on file; (5) all required inpatient signatures are on file; and, (6) for Medicaid purposes, the submitter understands that because payment and delight of this claim will be from Federal and State funds, any false statements, documents, or concealment of a material fact are subject to prosecution under applicable Federal or State Laws.

Hospices must also file with Cms an every year cost and data record of Medicare payments received. 42 U.S.C. § 1395f(i)(3); 42 U.S.C. § 1395x(d)(d)(4). The every year hospice cost and data reports, Form Cms 1984-99, contain representations and certifications which state in pertinent part that: (1) misrepresentations or falsifications of facts contained in the cost record may be punishable by criminal, civil and administrative actions, including fines and/or imprisonment; (2) if any services identified in the record were the product of a direct or indirect kickback or were otherwise illegal, then criminal, civil and administrative actions may result, including fines and/or imprisonment; (3) the record is a true, correct and faultless statement ready from the books and records of the provider in accordance with applicable instructions, except as noted; and, (4) the signing officer is well-known with the laws and regulations concerning the provision of condition care services and that the services identified in this cost record were provided in compliance with such laws and regulations.

Hospice Anti-Fraud compulsion Statutes

There are a estimate of federal criminal, civil and administrative compulsion provisions set forth in the Medicare statutes which are aimed at preventing fraudulent conduct, including hospice fraud, and which help articulate program integrity and compliance. Some of the more leading compulsion provisions of the Medicare statutes contain the following: 42 U.S.C. § 1320a-7b (Criminal fraud and anti-kickback penalties); 42 U.S.C. § 1320a-7a and 42 U.S.C. § 1320a-8 (Civil monetary penalties for fraud); 42 U.S.C. § 1320a-7 (Administrative exclusions from participation in Medicare/Medicaid programs for fraud); 42 U.S.C. § 1320a-4 (Administrative subpoena power for the Comptroller General).

Other criminal compulsion provisions which are used to combat Medicare and Medicaid fraud, including hospice fraud, contain the following: 18 U.S.C. § 1347 (General condition care fraud criminal statute); 21 U.S.C. §§ 353, 333 (Prescription Drug Marketing Act); 18 U.S.C. § 669 (Theft or Embezzlement in connection with condition Care); 18 U.S.C. § 1035 (False statements relating to condition Care); 18 U.S.C. § 2 (Aiding and Abetting); 18 U.S.C. § 3 (Accessory after the Fact); 18 U.S.C. § 4 (Misprision of a Felony); 18 U.S.C. § 286 (Conspiracy to defraud the Government with respect to Claims); 18 U.S.C. § 287 (False, Fictitious or Fraudulent Claims); 18 U.S.C. § 371 (Criminal Conspiracy); 18 U.S.C. § 1001 (False Statements); 18 U.S.C. § 1341 (Mail Fraud); 18 U.S.C. § 1343 (Wire Fraud); 18 U.S.C. § 1956 (Money Laundering); 18 U.S.C. § 1957 (Money Laundering); and, 18 U.S.C. § 1964 (Racketeer Influenced and Corrupt Organizations ("Rico")).

The False Claims Act (Fca)

Hospice fraud whistleblowers may benefit financially under the repaymen provisions of the federal False Claims Act, 31 U.S.C. §§ 3729-3732, by bringing false claims suits, also known as qui tam or whistleblower suits, against their employers on behalf of the United States. The plaintiff in a hospice fraud whistleblower suit is also known as a relator. The most coarse Fca provisions upon which hospice fraud qui tam or whistleblower relators rely are found in 31 U.S.C. § 3729: (A) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval; (B) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim; (C) conspires to commit a violation of subparagraph (A), (B), (D), (E), (F), or (G);..., and, (G) knowingly makes, uses, or causes to be made or used, a false record or statement material to an compulsion to pay or forward money or property to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an compulsion to pay or forward money or property to the Government.... There is no requirement to prove exact intent to defraud. Rather, it is only critical to prove actual knowledge of the false claims, false statements, or false records, or the defendant's deliberate indifference or reckless disregard of the truth or falsity of the information. 31 U.S.C. § 3729(b).

The Fca anti-retaliation provision protects the hospice whistleblower from retaliation from the hospice when the employee (or a contractor) "is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment" for taking performance to try to stop the fraudulent activity. 31 U.S.C. § 3730(h). A hospice employee's relief includes reinstatement, 2 times the estimate of back pay, interest on the back pay, and compensation for any extra damages sustained as a supervene of the discrimination or retaliation, including litigation costs and inexpensive attorneys' fees.

A Sc hospice fraud Fca whistleblower would initially file a disclosure statement, complaint and supporting documents with the U.S. Attorney's Office in Columbia, South Carolina, and the Us Attorney General. After the disclosures are filed, a federal court complaint can be filed. The Sc agency where the frauds occurred, the relator's residence, and the defendant residence, will conclude which agency the case will be assigned. There are eleven federal court divisions in South Carolina. Once the case has been filed, the government has 60 days to conclude either or not to intervene. During this time, federal government investigators placed in South Carolina will study the claims. If the case complex Medicaid, Sc Medicaid fraud unit investigators will likely come to be complex as well. If the government intervenes in the case, the U.S. Attorney for South Carolina is commonly the lead attorney. If the government does not intervene, the relator's Sc attorney will prosecute the case. In South Carolina, expect a qui tam case to take one to two years to get to trial.

Tips on Recognizing Hospice Fraud Schemes

The Hhs Office of Inspector general (Oig) has issued extra Fraud Alerts for fraudulent and abusive practices of hospices. U.S. And South Carolina hospices, patients, hospice employees and whistleblowers, their attorneys and lawyers, should be well-known with these hospice fraud practices. Tips on recognizing hospice frauds in South Carolina and the U.S. Are:

• A hospice gift free goods or goods at below store value to induce a nursing home to refer patients to the hospice.
• False representations in a hospice's Medicare/Medicaid enrollment form.
• A hospice paying "room and board" payments to the nursing home in amounts in excess of what the nursing home would have received directly from Medicaid had the inpatient not been enrolled in the hospice.
• False statements in a hospice's claim form (Cms Forms 1450, Ub-04 or Ub-92).
• A hospice falsely billing for services that were not inexpensive or critical for the palliation of the symptoms of a terminally ill patient.
• A hospice paying amounts to the nursing home for "additional" services that Medicaid considered included in its room and board payment to the hospice.
• A hospice paying above fair store value for "additional" non-core services which Medicaid does not consider to be included in its room and board payments to the nursing home.
• A hospice referring patients to a nursing home to induce the nursing home to refer its patients to the hospice.
•A hospice providing free (or below fair store value) care to nursing home patients, for whom the nursing home is receiving Medicare payment under the skilled nursing facility benefit, with the prospect that after the inpatient exhausts the skilled nursing facility benefit, the inpatient will receive hospice services from that hospice.
• A hospice providing staff at its expense to the nursing home to perform duties that otherwise would be performed by the nursing home.
• Incomplete or no written Plan of Care was established or reviewed at exact intervals.
• Plan of Care did not contain an assessment of needs.
• Fraudulent statements in a hospice's cost record to the government.
• notice of choosing was not obtained or was fraudulently obtained.
• Rn supervisory visits were not made for home condition aide services.
• Certification or Re-certification of concluding illness was not obtained or was fraudulently obtained.
• No Plan of care was included for bereavement services.
• Fraudulent billing for upcoded levels of hospice care.
• Hospice did not conduct a self-assessment of quality and care provided.
• Clinical records were not maintained for every patient.
• Interdisciplinary group did not spin and update the plan of care for each patient.

Recent Hospice Fraud compulsion Cases

The Doj and U.S. Attorney's Offices have been active in enforcing hospice fraud cases.

In 2009, Kaiser Foundation Hospitals placed an Fca lawsuit by paying .8 million to the federal government. The defendant allegedly failed to obtain written certifications of concluding illness for a estimate of its patients.

In 2006, Odyssey Healthcare, a national hospice provider, paid .9 million to conclude a qui tam suit for false claims under the Fca. The hospice fraud allegations were commonly that Odyssey billed Medicare for providing hospice care to patients when they were not terminally ill and ineligible for Medicare hospice benefits. A Corporate Integrity bargain was also a part of the settlement. The hospice fraud qui tam relator received .3 million for blowing the whistle on the defendant.

In 2005, Faith Hospice, Inc., placed claims an Fca claim for 0,000. The hospice fraud allegations were commonly that Faith Hospice billed Medicare for providing hospice care to patients more than half of whom were not terminally ill.

In 2005, Home Hospice of North Texas placed an Fca claim for 0,000 concerning allegations of fraudulently billing Medicare for ineligible hospice patients.

In 2000, Michigan osteopath Donald Dreyfuss, who pleaded guilty to criminal fraud charges, including violation of the Aks for receiving illegal kickbacks from a hospice for recommending the hospice to the staff of his nursing home, placed an Fca suit for million.

Conclusion

Hospice fraud is a growing question in South Carolina and throughout the United States. South Carolina hospice patients, hospice employees, and their Sc lawyers and attorneys, should be well-known with the basics of the hospice care industry, hospice eligibility under the Medicare and Medicaid programs, and typical hospice fraud schemes. Hospice organizations should take steps to ensure full compliance with Medicare/Medicaid hospice billing requirements to avoid hospice fraud allegations and Fca litigation.

© 2010 Joseph P. Griffith, Jr.

Hospice Fraud - A present For Employees, Whistleblowers, Attorneys, Lawyers and Law Firms