Insurance abuse

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PMG03470

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What would you do if you felt that your current employer is committing insurance abuse? I’m not sure it could be considered fraud, but it is abuse in the sense that they are ordering a repeat test that is unnecessary.

They own the “lab” so they are billing OV along with nail debridement code when “taking a nail biopsy”, gets reimbursed for the lab fee, then bills another OV with nail debridement for biopsy review. Bills this every 6 months to the Medicare patients because Medicare will cover it… Am I wrong for thinking this is abusive?

Please help me with opinions because I’m really having an ethical dilemma with this one

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This is 100% Medicare fraud and you will be implicated if your name is on the fee slip.
 
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Sounds like you have a nice finders fee coming your way. And there is ZERO ethical dilemma here. Fraud. Don't be a part of it. It's one thing if resident and trying to graduate etc. Not now.
 
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This is 100% Medicare fraud and you will be implicated if your name is on the fee slip.

I am refusing to bill for the follow ups that he did on my patient while I was on maternity leave. I have only done maybe 3 total biopsies in my entire year here and I did it because the patient and I were deciding whether or not to treat the fungus. Therefore I don’t think I would be implicated in it since I didn’t do the billing for the repeat patients
 
This is fraud not abuse

Look up “pills for pokes”

It’s similar in that they are ordering unnecessary procedures
 
Yup, at my old practice they bought a PCR lab and were testing fungal nails on everyone, then again every 6 months. They also were charging OVs for followups for some reason after testing the nails, the lab guy said they could apparently. I bounced
 
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Yup, at my old practice they bought a PCR lab and were testing fungal nails on everyone, then again every 6 months. They also were charging OVs for followups for some reason after testing the nails, the lab guy said they could apparently. I bounced
Can’t you make a good amount by blowing the whistle?
 
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Holy cannoli. GTFO now. I’m glad you’re leaving soon. Feel free to name shame this crook. Heart breaking to hear these stories.
 
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Call out your employer by sending an anonymous email to Barry Block. Get the trustworthy PMnews on it. Then we can read all the replies by the mustache pods.
 
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Call out your employer by sending an anonymous email to Barry Block. Get the trustworthy PMnews on it. Then we can read all the replies by the mustache pods.

Can’t tell if you are being sarcastic or not But I am waiting until I’m completely out of the practice and received my bonus check before doing anything

Does anyone know how to properly report this?
 
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...Does anyone know how to properly report this?
Sometimes it's better to learn the lesson and move on, take whatever billing you learned, office skill you learned, money you made... than to go out of your way to hurt other people. I agree on find a new job and don't participate in needless tests and "biopsy" that doesn't fit the CPT description.

Unless I'm confusing you with someone else, your career is much more vulnerable than you may think (only one year out of training... with sizable gap in that year).

You will need a reference for hospitals, payers, state license, etc going forward. Many hospitals do contact all past employers to 10yrs or even more. Accordingly, you could definitely consider letting this one go and not leaving a wake that could cause retaliatory problems (bad reference, counter-accusation, suit for libel, etc).
 
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Sometimes it's better to learn the lesson and move on, take whatever billing you learned, office skill you learned, money you made... than to go out of your way to hurt other people.
Medicare fraud literally hurts the entire system/country. Not a victimless crime. If OP doesn’t report it, he/she could be at risk of being named in any action that comes of this

Accordingly, you could definitely consider letting this one go and not leaving a wake that could cause retaliatory problems (bad reference, counter-accusation, suit for libel, etc).
OP would certainly be protected by the numerous state and federal whistleblower statues that are on the books.
 
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Unless I'm confusing you with someone else, your career is much more vulnerable than you may think (only one year out of training... with sizable gap in that year).

You will need a reference for hospitals, payers, state license, etc going forward. Many hospitals do contact all past employers to 10yrs or even more. Accordingly, you could definitely consider letting this one go and not leaving a wake that could cause retaliatory problems (bad reference, counter-accusation, suit for libel, etc).

Why do you have to flex and act like you know who the OP is?

I literally got contacted by a rep through LinkedIn today trying to sell me on PCR testing for fungal nails. This scam is everywhere.

Where there is a scam there is a dumb podiatrist participating in it.
 
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Can’t you make a good amount by blowing the whistle?
It is entirely possible; it is based on the amount recovered from the hospital/office/doc... so for solo doc, probably ok not great. It is quite likely you'd face all kinds of questions on how a doc fresh out of training knows and understands CPTs, what was billed, what was done for pts they didn't even see, etc. I don't think you just say XYZ, cavalry swoops in, and you cash a check. We have at least one poster here who did that MCR whistleblower thing at their residency facility/attendings. I'm sure it made money. It may have been fully warranted. It surely made waves. I'd be amazed if they ever discuss it (and I won't out them).

It is not for everyone. I would avoid it even if the prize was high... it's hard to out those who teach or employ you unless it's bona fide destructive. On the other hand, I have penned a letter to a CMO regarding surgeon incompetence and pt endangerment and repeated bad outcomes... concern for which I risked political or financial retaliation for no reward other than improved pt outcomes and safety.

In America, we think good/bad guys and black/white, but most other places realize that everything is gray. White-knighting aggressively can end badly, but learning and changing situations almost guarantees you'll end up wiser.

As to whistleblower "certainly be protected," that has a good ring to it, doesn't it?
Well, back in the real world, the rep hit can be substantial - particularly in a small specialty/profession. A lot of places might think twice about hiring someone who took their last employer or facility. for all they're worth.

OP will do what she wants to do ("flex and act like you know" = read her other thread a couple months back), but if there is just one former employer for a doc's CV and application, and that employer tells the next hospital(s) of the doc being "aggressive" or "hard to work with" or "unreliable," then that can absolutely delay or nix hospital privileges. You can't leave gaps or falsify hospital, CAQH, payer, etc apps very easily... and penalty for inaccuracy is usually instant reject. That's a huge problem for someone less than a year out of residency. I have let financial wrongs or shady operations go and simply exited diplomatically for exactly that reasoning. Slight hunch that an established owner doc also has deeper pockets to sue for libel/slander than a grad in huge debt. I "successfully" took one to small claims for unpaid salary and unmatched 401k... only to be stuck with bad refs for years. We have to consider what is logical versus what is conductive to a smooth continuation of one's career.

But if you have more posts in the last year of being pre-med than I have in 15years SDN, maybe you have more time to read laws and more practical exp. Dunno.
 
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Is ExperiencedDPM around?
 
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I’m generation x
Well I know you aren’t 41 so…

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Uh 42 is a millennial ..
 
If you spend your time fighting battles that distract you from your purpose/destiny, you lose. Just leave and move on.
 
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Sometimes it's better to learn the lesson and move on, take whatever billing you learned, office skill you learned, money you made... than to go out of your way to hurt other people. I agree on find a new job and don't participate in needless tests and "biopsy" that doesn't fit the CPT description.

Unless I'm confusing you with someone else, your career is much more vulnerable than you may think (only one year out of training... with sizable gap in that year).

You will need a reference for hospitals, payers, state license, etc going forward. Many hospitals do contact all past employers to 10yrs or even more. Accordingly, you could definitely consider letting this one go and not leaving a wake that could cause retaliatory problems (bad reference, counter-accusation, suit for libel, etc).

Lol you do not know me, there is no gap here. I am done here on a Monday and start my next position on a Tuesday…. Literally no gap. I have been working for this dingus for a year and my contract is almost up.

I do agree my career is still vulnerable, but I think what is happening here is very very wrong.

I will never ever put him as a reference. He would not say good things even without me blowing the whistle because I made it clear from the beginning that I was unhappy here and did not like the way I was being treated. All hospitals have only asked for residency director and head of podiatry at other hospitals I have held privileges at.

I don’t intend to hire a lawyer and “sue” him. I just want to anonymously report the wrong doing to Medicare so they can investigate if they see fit.
 
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This is just me I guess but I would definitely feel a need to report what is going on. If there is fraud occurring and you know it the feds aren’t going to care much about your bosses feelings or future job recommendations when they come knocking.
 
...Lol you do not know me, there is no gap here. I am done here on a Monday and start my next position on a Tuesday…. Literally no gap...
I was talking about "gap" in that you said you did a 1yr job and took a maternity leave in the middle... so have worked 11 or 10mo or whatever as DPM associate attending since residency. No big deal. As of today, you don't have a good reference there... but it might be dicey making it into a bona fide enemy. You can choose what references you list, but many hospitals DO ask for list of all employers... and call them all.

As it stands, you have your own stuff to deal with... money, boards numbers, board exams to study for, new insurances and hospitals to get onto, stability on CV, patient care, knowledge of billing/coding, etc to learn.

It is not always good to consume your time with revenge... sometimes you just want to integrate well at the new job/area, focus on your new family, fitness, life outside work, etc. It is up to you.

And yes, "anonymous" reporting is great on paper. It may not pan out as you wish. It could very well end up you are incorrect. It could end up you are correct. It could end up that they don't have time to look into a fairly 'small potatoes' report. A ton of offices do toenail histo that may or may not be excessive, bill for 'biopsy' that are more like clippings. Who knows where it will or will not go.
One thing's for sure: It will take up your time and focus either way. There is no world where the doc/office will like being put through an audit or investigation (if MCR chooses to do that) or to have to respond to a state board or something. It will certainly be apparent to anyone in that city/area that you reported your employer who paid you and gave you a chance. You never know who is connected to who in a smallish profession. For better or worse, that is drama and rep you may not need - particularly if you stay close geographically. Consider both sides of the coin; that is all. GL at the next job, and do what you wish...
 
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Is ExperiencedDPM around?
Fraud is RAMPANT among our peers. And their evil ways are turning my side gig into quite a financially rewarding venture.

If you think the insurers are the big bad wolf, you should see the crap that the insurers send me.

These guys get away with unbelievable billing and they get sloppy. When EVERY bunion needs a bursa excision and has a nerve entrapment it doesn’t take long to hit that radar.

When every plantar fasciotomy also requires an ORIF of a calcaneal fracture for a suspected “insufficiency” fracture it doesn’t take long to hit the radar.

When EVERY Lapidus op report states that after the first met/cun fusion the foot was loaded and there was gapping of the intercuneiform joint AND the doc tosses a screw across that joint and now bills for a multi level fusion, it doesn’t take long to hit the radar.

Not sure how you bill a fusion for putting a screw across a joint without exposing and prepping the joint.

That is just the icing on the cake.

In addition to unnecessary lab tests, snipping a piece of nail and billing as a biopsy is 100% fraud. A biopsy of a nail includes the entire nail unit, including nail bed. Ain’t no way that’s happening without injectable anesthesia in a sensate patient.

I see it all. The good, the bad and the ugly. We just nabbed a guy who billed an ankle arthrotomy and tarsal tunnel release 3-4 times a WEEK.

These procedures were performed 100% with an 18 gauge needle. Two orthopedic foot and ankle surgeons and I wrote our findings and feelings independently and we all wrote the same thing.

There is no way in hell that anyone is going to be able to perform an ankle arthrotomy with an 18 gauge needle or release a tarsal tunnel with an 18 gauge needle without also destroying vital structures.

I personally would throw this doctor under the bus and put the bus in forward and reverse a few times.

Medicare and government plans like Tricare would love to know about these cases. Private insurers write it off…..they are looking at the spine surgeons who are billing cases on the range of a few hundred grand per case.

You can report it to Medicare. There’s likely not enough money to consider a whistle blower case. A whistle blower case must include inside information that would not be available as public knowledge. And if you win the case, you would get an unspecified percentage.

I can tell you factually that the insurers are buckling down on fraud, unbundling, etc. My friend is a compliance officer with a large insurance company and told me that his company and most competitors have created entire fraud, waste and abuse task forces.

In the interim, I’ll happily continue offering my services at an obscene hourly fee to make sure these thieves get fried.

And our local jeweler is also very happy. I appreciate high end watches and he’s recently put two on my wrist. And of course to justify my purchases I had to buy something for my wife.

I have never testified against a colleague in a malpractice case. I have never bad mouthed a colleague when his or her horrible results walked into my office.

But if you commit insurance fraud I will go after you will both guns blazing. Insurance fraud increases the insurance premiums for patients and decreases the reimbursement to me and you.

Scumbags.
 
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Fraud is RAMPANT among our peers. And their evil ways are turning my side gig into quite a financially rewarding venture.

If you think the insurers are the big bad wolf, you should see the crap that the insurers send me.

These guys get away with unbelievable billing and they get sloppy. When EVERY bunion needs a bursa excision and has a nerve entrapment it doesn’t take long to hit that radar.

When every plantar fasciotomy also requires an ORIF of a calcaneal fracture for a suspected “insufficiency” fracture it doesn’t take long to hit the radar.

When EVERY Lapidus op report states that after the first met/cun fusion the foot was loaded and there was gapping of the intercuneiform joint AND the doc tosses a screw across that joint and now bills for a multi level fusion, it doesn’t take long to hit the radar.

Not sure how you bill a fusion for putting a screw across a joint without exposing and prepping the joint.

That is just the icing on the cake.

In addition to unnecessary lab tests, snipping a piece of nail and billing as a biopsy is 100% fraud. A biopsy of a nail includes the entire nail unit, including nail bed. Ain’t no way that’s happening without injectable anesthesia in a sensate patient.

I see it all. The good, the bad and the ugly. We just nabbed a guy who billed an ankle arthrotomy and tarsal tunnel release 3-4 times a WEEK.

These procedures were performed 100% with an 18 gauge needle. Two orthopedic foot and ankle surgeons and I wrote our findings and feelings independently and we all wrote the same thing.

There is no way in hell that anyone is going to be able to perform an ankle arthrotomy with an 18 gauge needle or release a tarsal tunnel with an 18 gauge needle without also destroying vital structures.

I personally would throw this doctor under the bus and put the bus in forward and reverse a few times.

Medicare and government plans like Tricare would love to know about these cases. Private insurers write it off…..they are looking at the spine surgeons who are billing cases on the range of a few hundred grand per case.

You can report it to Medicare. There’s likely not enough money to consider a whistle blower case. A whistle blower case must include inside information that would not be available as public knowledge. And if you win the case, you would get an unspecified percentage.

I can tell you factually that the insurers are buckling down on fraud, unbundling, etc. My friend is a compliance officer with a large insurance company and told me that his company and most competitors have created entire fraud, waste and abuse task forces.

In the interim, I’ll happily continue offering my services at an obscene hourly fee to make sure these thieves get fried.

And our local jeweler is also very happy. I appreciate high end watches and he’s recently put two on my wrist. And of course to justify my purchases I had to buy something for my wife.

I have never testified against a colleague in a malpractice case. I have never bad mouthed a colleague when his or her horrible results walked into my office.

But if you commit insurance fraud I will go after you will both guns blazing. Insurance fraud increases the insurance premiums for patients and decreases the reimbursement to me and you.

Scumbags.

So he isn’t billing it as a biopsy… what he is doing is billing an office visit with nail debridement on the day he takes the “biopsy”, he then gets to bill for the lab fees since he owns the lab, then bills for another office visit with the next nail debridement stating he is reviewing biopsy results…

So he isn’t billing an incorrect code… what I think is wrong is that he does this for ALL Medicare patients every 6 months because Medicare will cover it.

So it’s fraud in the sense that he is ordering unnecessary tests repeatedly so he can get the lab fee and the office visit money… EVERY 6 MONTHS

What is your take on that?
 
My MAC will deny every B35.1 affixed to an E/M as they consider B35.1 a routine foot care code and not allowable for an E/M.
 
My MAC will deny every B35.1 affixed to an E/M as they consider B35.1 a routine foot care code and not allowable for an E/M.
That's pretty frustrating since old people with nail fungus do show up asking for terbinafine.

I'm skeptical the story above meets reasonable and necessary. I used to occasionally hear stories about how certain jurisdictions requiring you to prove the patient actually had onychomycosis (ie. testing) or also order potential treatment to go with the nail debridement, but it all seems overly complicated and ridiculous.

I'll give you a couple more I sometimes hear about

-Ordering x-rays on 100% of patients with diabetes at 1st visit
-Ordering vascular testing on every single diabetic every year because you have the in office testing.
-And then obviously nerve fiber density testing (and of course they'll need pre and post if you implement some sort of therapy...)
 
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That's pretty frustrating since old people with nail fungus do show up asking for terbinafine.

I'm skeptical the story above meets reasonable and necessary. I used to occasionally hear stories about how certain jurisdictions requiring you to prove the patient actually had onychomycosis (ie. testing) or also order potential treatment to go with the nail debridement, but it all seems overly complicated and ridiculous.

I'll give you a couple more I sometimes hear about

-Ordering x-rays on 100% of patients with diabetes at 1st visit
-Ordering vascular testing on every single diabetic every year because you have the in office testing.
-And then obviously nerve fiber density testing (and of course they'll need pre and post if you implement some sort of therapy...)

Oh yeah… he also orders an ABI on every patient who has 1 single abnormal pulse every 12 months. So if 1 out of 4 pulses is 1/4 even if all 4 are palpable he orders ABI, which he does in the office and gets paid for as well
 
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Oh yeah… he also orders an ABI on every patient who has 1 single abnormal pulse every 12 months. So if 1 out of 4 pulses is 1/4 even if all 4 are palpable he orders ABI, which he does in the office and gets paid for as well

Typical sleazy private practice pod. I’m amazed that insurances don’t review the results trend of these ABIs and start refusing reimbursement when 95% of the studies come back as normal.
 


WEAK PULSES IS NOT AN INDICATION TO ORDER ABI/PVR. EVER.



Indications:


Non-invasive peripheral arterial examinations, performed to establish the level and/or degree of arterial occlusive disease, are medically necessary if (1) clinical evidence of limb ischemia is present and (2) the patient is a candidate for invasive/surgical therapeutic interventions. Acute ischemia is often characterized by the sudden onset of severe pain, coldness, numbness and pallor of the extremity. Chronic ischemia can be manifested by intermittent claudication, pain at rest, diminished pulse, ulceration, and gangrene.

A routine history and physical examination, which includes ankle/brachial indices (ABIs), can readily document the presence or absence of ischemic disease in the majority of cases. An ABI is not a reimbursable procedure by itself; rather, ABI may be reimbursed when derived from a more comprehensive procedure which includes a permanent chart copy of the measured pressures and waveforms in the examined vessels.

An ABI should be abnormal, e.g., <0.9 at rest, and accompanied by other appropriate indications before proceeding to additional studies.

Peripheral artery studies may be considered medically necessary if the following signs and symptoms are present:
  • Claudication of such severity that it interferes significantly with the patient’s occupation or lifestyle, or claudication with inability to stress the patient;
  • Rest pain (typically including the forefoot), usually associated with absent pulses, which becomes increasingly severe with elevation and diminishes with placement of the leg in a dependent position;
  • Tissue loss defined as gangrene or pre-gangrenous changes of the extremity, or ischemic ulceration of the extremity occurring in the absence of pulses;
  • Aneurysmal disease;
  • Evidence of thromboembolic events;
  • Blunt or penetrating trauma (including complications of diagnostic and/or therapeutic procedures); and/or
  • Follow-up of grafts or other vascular intervention
Pre-surgical conduit assessment of the upper extremity/radial artery(ies) may be performed prior to use in coronary artery bypass grafting (CABG) or as other arterial conduits.

Limitations:

Peripheral artery studies may not be considered medically necessary if specific clinical descriptions are not provided. Vague and anatomically imprecise terms such as “burning of the feet”,” pain in the limb”, and “edema” should be avoided, and more precise anatomic and pathologic descriptions included.
Duplex scanning and physiologic studies may be reimbursed during the same encounter if the physiologic studies are abnormal and/or to evaluate vascular trauma, thromboembolic events or aneurysmal disease, if the physician/provider can document medical necessity in the patient’s medical record.

In general, non-invasive studies of the arterial system are to be utilized when invasive correction is contemplated or severity of findings dictate non-invasive study follow-up, but not for following non-invasive medical treatment regimens. The latter may be followed with physical findings and/or progression or relief of signs and/or symptoms. Screening of the asymptomatic patient is not covered by Medicare.
 
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WEAK PULSES IS NOT AN INDICATION TO ORDER ABI/PVR. EVER.



Indications:


Non-invasive peripheral arterial examinations, performed to establish the level and/or degree of arterial occlusive disease, are medically necessary if (1) clinical evidence of limb ischemia is present and (2) the patient is a candidate for invasive/surgical therapeutic interventions. Acute ischemia is often characterized by the sudden onset of severe pain, coldness, numbness and pallor of the extremity. Chronic ischemia can be manifested by intermittent claudication, pain at rest, diminished pulse, ulceration, and gangrene.

A routine history and physical examination, which includes ankle/brachial indices (ABIs), can readily document the presence or absence of ischemic disease in the majority of cases. An ABI is not a reimbursable procedure by itself; rather, ABI may be reimbursed when derived from a more comprehensive procedure which includes a permanent chart copy of the measured pressures and waveforms in the examined vessels.

An ABI should be abnormal, e.g., <0.9 at rest, and accompanied by other appropriate indications before proceeding to additional studies.

Peripheral artery studies may be considered medically necessary if the following signs and symptoms are present:
  • Claudication of such severity that it interferes significantly with the patient’s occupation or lifestyle, or claudication with inability to stress the patient;
  • Rest pain (typically including the forefoot), usually associated with absent pulses, which becomes increasingly severe with elevation and diminishes with placement of the leg in a dependent position;
  • Tissue loss defined as gangrene or pre-gangrenous changes of the extremity, or ischemic ulceration of the extremity occurring in the absence of pulses;
  • Aneurysmal disease;
  • Evidence of thromboembolic events;
  • Blunt or penetrating trauma (including complications of diagnostic and/or therapeutic procedures); and/or
  • Follow-up of grafts or other vascular intervention
Pre-surgical conduit assessment of the upper extremity/radial artery(ies) may be performed prior to use in coronary artery bypass grafting (CABG) or as other arterial conduits.

Limitations:

Peripheral artery studies may not be considered medically necessary if specific clinical descriptions are not provided. Vague and anatomically imprecise terms such as “burning of the feet”,” pain in the limb”, and “edema” should be avoided, and more precise anatomic and pathologic descriptions included.
Duplex scanning and physiologic studies may be reimbursed during the same encounter if the physiologic studies are abnormal and/or to evaluate vascular trauma, thromboembolic events or aneurysmal disease, if the physician/provider can document medical necessity in the patient’s medical record.

In general, non-invasive studies of the arterial system are to be utilized when invasive correction is contemplated or severity of findings dictate non-invasive study follow-up, but not for following non-invasive medical treatment regimens. The latter may be followed with physical findings and/or progression or relief of signs and/or symptoms. Screening of the asymptomatic patient is not covered by Medicare.
So basically every story I hear about routine vascular testing in the office is just straight fraud. Good post.
 
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So basically every story I hear about routine vascular testing in the office is just straight fraud. Good post.

Had a classmate brag to me how much money he’s making since joining a vascular/pod group. Didn’t have the heart to tell him he might go to jail in the near future once the Feds show up.
 
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Had a classmate brag to me how much money he’s making since joining a vascular/pod group. Didn’t have the heart to tell him he might go to jail in the near future once the Feds show up.
Jail I doubt it……would not be surprised to see audits and paybacks soon from this.

There is a level of greed in medicine which is more common in podiatry, some goes way beyond things like this and is unequivocal fraud and likely involve jail time and loss of license if caught and other times it is probably unethical but falls just short of state board discipline etc.

Young doctors can get involved and disciplined from unethical situations and so can older doctors obviously, but most often it is the mid career professionals that gets FOMO from income producing scams.
 
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So he isn’t billing it as a biopsy… what he is doing is billing an office visit with nail debridement on the day he takes the “biopsy”, he then gets to bill for the lab fees since he owns the lab, then bills for another office visit with the next nail debridement stating he is reviewing biopsy results…

So he isn’t billing an incorrect code… what I think is wrong is that he does this for ALL Medicare patients every 6 months because Medicare will cover it.

So it’s fraud in the sense that he is ordering unnecessary tests repeatedly so he can get the lab fee and the office visit money… EVERY 6 MONTHS

What is your take on that?
That is more in line with waste and abuse than fraud. And there may be some Stark violation issues since he owns the lab. This is not my expertise, but I believe patients need to sign a form that confirms they are aware of the fact the provider has a financial interest in the lab.
 
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Had a classmate brag to me how much money he’s making since joining a vascular/pod group. Didn’t have the heart to tell him he might go to jail in the near future once the Feds show up.
Those vascular/pod groups are getting increasingly popular everywhere, with rampant waste and abuse. All new patients get full body arterial and venous ABI/doppler, and with an appropriate "diagnosis", get unnecessary ablations and/or angio procedures. A colleague told me during an interview they told him that he would receive 10% of procedure collections from patients he sends their way. Literally describing a textbook kickback. Crazy stuff. I think some of these groups have a great limb salvage model, but a lot of them will lead to more limb loss than salvage due to the unnecessary procedures. A handful of vascular groups are already getting sued for these practices.
 
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That is more in line with waste and abuse than fraud. And there may be some Stark violation issues since he owns the lab. This is not my expertise, but I believe patients need to sign a form that confirms they are aware of the fact the provider has a financial interest in the lab.

Is it worth reporting in your opinion?

This is why I titled this post insurance abuse because I don’t think it’s technically fraud because he is coding it correctly… it’s just abusive to Medicare in my opinion.

Patients do not sign a form… in fact a lot of them are not even told he is taking a “biopsy”. He sent them from almost all of my high risk patients when I was on maternity leave. I come back with the results sitting on the folder (paper charts still btw)… and when I mention the results to the patients 90% of them were not even informed this was being done
 
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There might be a stark law violation with the lab the way you describe it. Read more on stark law and see if you think there is a violation. You could also contact a healthcare attorney, but most will charge for their time. Consequences of this could be extremely severe if this is the case and caught. You are talking probable bankruptcy, and potential loss of license and jail time.

If your employer is not forcing you to practice like him you also might just want to leave unless he has done something else wrong to you.

Abusive billing (that may or may not be fraud) is more common than you would think in PP podiatry. Another reason not to work for a podiatrist.
 
Two Texas physicians, Robert Wills and Brannon Frank, have agreed to pay $3.9 million to resolve allegations that they violated the False Claims Act by knowingly billing Medicare, Medicaid and TRICARE for medically unnecessary urine drug testing.

The settlements with Wills and Frank resolve allegations that the physicians, formerly co-owners of now-defunct Austin Pain Associates located in Austin, Texas, knowingly caused the submission of false claims to federal healthcare programs by ordering excessive and unnecessary urine drug testing for patients without any individualized assessment of clinical need. Starting in 2011, all urine drug tests ordered by Austin Pain Associates’ physicians, including Wills and Frank, were performed at Austin Pain Associates’ in-house laboratory. The United States alleged that Wills and Frank drafted the testing protocols that resulted in unnecessary tests, were aware that the in-house laboratory was conducting an excessive number of tests on urine samples, and that Austin Pain Associates could not remain profitable without the income generated from unnecessary testing. Pursuant to their respective settlement agreements, Wills has agreed to pay $2,100,000 to settle these allegations and Frank has agreed to pay $1,800,000.

Unnecessary tests can be a false claims act violation.
 
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Two Texas physicians, Robert Wills and Brannon Frank, have agreed to pay $3.9 million to resolve allegations that they violated the False Claims Act by knowingly billing Medicare, Medicaid and TRICARE for medically unnecessary urine drug testing.

The settlements with Wills and Frank resolve allegations that the physicians, formerly co-owners of now-defunct Austin Pain Associates located in Austin, Texas, knowingly caused the submission of false claims to federal healthcare programs by ordering excessive and unnecessary urine drug testing for patients without any individualized assessment of clinical need. Starting in 2011, all urine drug tests ordered by Austin Pain Associates’ physicians, including Wills and Frank, were performed at Austin Pain Associates’ in-house laboratory. The United States alleged that Wills and Frank drafted the testing protocols that resulted in unnecessary tests, were aware that the in-house laboratory was conducting an excessive number of tests on urine samples, and that Austin Pain Associates could not remain profitable without the income generated from unnecessary testing. Pursuant to their respective settlement agreements, Wills has agreed to pay $2,100,000 to settle these allegations and Frank has agreed to pay $1,800,000.

Unnecessary tests can be a false claims act violation.
Ah yes the urine tests…….plenty of podiatrists doing those also
 
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