Showing posts with label Hospice. Show all posts
Showing posts with label Hospice. Show all posts

Diversify Home condition - Home Care and Hospice Services to obtain Your Agency's Financial time to come

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Have you ever heard the guidance to not put all your eggs in one basket? Well the guidance is good, especially if you are a Home Health, Home Care or Hospice agency. "Putting all your eggs in one basket" in the Home Health, Home Care or Hospice business means having only one line of business. In today's environment, one line of business is a risky path to walk. Already we have seen repeated cuts to the Home health reimbursement formula, and Hospice is under scrutiny and will probably see some rather dramatic cuts in the future. Some Home Care (Private Pay) agencies are seeing a decline in both clients and hours, as well. Just as the chant "location, location, location" is cited for a business success, diversification is the same for agencies in the Home Health, Home Care and Hospice industry.

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As a Home health or Hospice agency, you may be asking how you can diversify. You already take secret insurance, much of which doesn't even cover your expenses. Where can you diversify?

Years ago, many Home health agencies invested in secret duty services. Unfortunately, many of them tried to run these agencies the same way they ran the Medicare-Certified agencies. This turned out to be a less than a financial success for them and, as a result, most of the agencies ended their secret Pay agencies or sold them. I was one of those administrators running both types of agencies. Fortunately, the corporation that owned the agency I managed understood the differences required to successfully control these two very definite businesses. As a result, the internal structures and systems for secret Pay were run with entirely distinct staff and procedures. Fortunately, the secret Pay agency was a financial success and a great partner for the Medicare business.

In today's environment, it may be wise for Medicare agencies to look again at the secret Pay business and spend in another line of business that will not be subject to the changes of Cms. This holds true for both Medicare Home health and the Hospice agencies. The opportunities in a secret Pay agency are endless. The services offered are as open and vast as the community served will support. By using the lessons learned from the former attempts to diversify into secret Pay, the new line of business makes the contrast in the middle of surviving and thriving.

For secret Pay (Home Care) agencies, diversification is just as important. By having only one or two lines of business, you will very likely have some down times with loss of revenues. Diversification of services helps to diminish the effects of the decline on your personal care or live-in services. There are so many opportunities in the secret Pay arena, it no ifs ands or buts is a matter of seeing out what your marketplace will reserve and then developing it in such a manner that your customers will see value and buy.

Over the years I have seen some very creative and innovative secret Pay agency owners create truly unique services that were well received by their communities. One agency had a very viable service line in cruise companions. They had a high end senior population that were used to cruises, but because of declines in health and abilities, many of the seniors could no longer travel. The agency advanced a ageement with a major cruise line where they in case,granted the personal care workers or aides that accompanied the senior on the cruise. The client paid for all the related cruise expenses as well as the daily live-in rate for the aide. Reportedly a great time was had by all.

Another agency advanced a Mom and Babe program that catered to the large whole of young, educated families in their geographic area. The program retained the services of an Ob-Gyn Rn, who made the first visit to the home the day after the mum was discharged from the hospital. The aide, who was a trained doula, also accompanied the Rn on the first visit. The services were bundled into either 5- or 7-day, 12 hour/day packages that included the Rn visit and the 5 or 7 days of the specialty aide. The aide not only cared for the mum and baby, but tended to the home and other children, allowing the new mum and baby to have bonding time. The aide planned and cooked the meals and did the laundry and light housekeeping so that the mum could rest. The program, as mentioned, was sold as a package and made great shower gifts. The aide was ready on an hourly rate to continue services beyond the package if the house wished, or her services could be bought by the house directly for any way long they were needed.

As you can see, there is no limit to what your agency can provide. With suitable due diligence and an quality to listen to what your community is seeking and willing to pay for, you can do anything.

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On Death and Dying - Ten Things You Need to Know About Hospice Care

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Your family doctor and your neighbor have both suggested you call hospice for your ill loved one but you continue to be reluctant. You fear that accepting hospice is "giving up" and that your loved one will no longer receive state of the art healing care. This article will help you to sort through many of your spoken and unspoken concerns about hospice care.

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1. Isn't hospice a place where population go? No, hospice is a service, not a place. Hospice brings care into your own home, be it a secret residence, an assisted living installation or a nursing home. Most population want to and can stay at home but if your care becomes too complicated to carry on at home, hospices also supply short term sick person care to operate symptoms in a hospice unit, a hospital or a skilled nursing facility.

2. What does hospice provide? Hospice provides a lot of expert services. Hospices are mandated to supply both habit and after hours nursing visits. This means that the nurse will visit regularly, assess for changes and arrange for medicines and healing supplies as they are needed. She/he will put crisis medications and oxygen in your home in advance of a crisis. The nurse will spend a great deal of time answering your questions and establishment you for what comes next. Where in the past, you brought your ill loved one to the doctor's office or to the crisis room, now the services will come to you. Should you need help or direction on a Saturday or Sunday, a nurse will visit. You are no longer alone; help is just a phone call away. Other services that the hospice provides include an aide to help with bathing, counselors to help meet emotional needs and volunteers. Some hospices supply doctor visits. Some hospices even supply music therapy, massage therapy, aroma therapy, pet therapy and art therapy.

3. When do you qualify for hospice care? Unfortunately most population get hospice care too late, in the final days or weeks of life. They qualify for it as much as six months earlier. Getting hospice care earlier reduces the family's stress, avoids burnout and guarantees an improved potential of life. It keeps the sick person well, which allows for special moments and memories to be shared. It affords both you and your loved one the opening to say "thank you" and "good bye."

4. Don't most population die at home? While is true that 90% of Americans want to die at home, in actuality, very few do. Currently, 75-80% of Americans die in facilities (hospitals and nursing homes) and less than 25% of them die at home. In contrast, hospice patients roughly all the time get their wish to die at home as their families are well ready and supported to care for them at home. Hospice patients rarely die in the hospital.

5. Can hospice patients die in a hospital? Of course. If they select to die in the hospital, the sick person will need to be discharged from the hospice, a simple matter of signing a paper.

6. Will entering a hospice make you die sooner? There is a great deal of unfounded concern about the use of medications like Morphine and the fear that its use will shorten life. There are several studies that show that Morphine eases pain but does not shorten life even in the most debilitated and ill patients. Someone else unfounded fear is that person will die sooner if they find out that they are terminally ill. family members sometimes insist that no one mention the word "hospice" to their loved one out of fear that their loved one will give up on life. The reality is, being ill and in failing health is a lonely experience. Most patients know on some level how ill they are. Many want to talk about it and put plans in place. Sometimes they don't bring it up because they see how painful it is for you and they are trying to protect you. This conspiracy of silence robs both parties of opportunities. Many patients want to ask questions about what will happen to them. They look for reassurance that their symptoms will be controlled and that they will remain in operate and comfortable. You also may want to ask them questions. Questions about their funeral and how they want issues handled after their death.

7. Do patients admitted to hospice ever improve? Yes, some patients admitted to hospice in effect enhance and in time, they are discharged from hospice. This makes sense that when you enhance someone's pain and ease their loneliness, they will eat and sleep best and gain some health.

8. Will hospice make me give up treatments that are currently benefiting me? You don't have to give up treatments or medications that are benefiting you. The hospice focus is on potential of life. Medications that promote potential of life are ordinarily covered by the hospice. If you find a new treatment that may prolong your life (but not enhance your potential of life), you can sign off the hospice advantage and return at a later date.

9. Is hospice care expensive? Hospice care is covered by most insurance. Medicare and most Medicaid insurances cover hospice care at 100%. Many secret insurances have modeled themselves after these federal and state programs and also cover hospice care at 100%.

10. Hospice care is a needful assistance that many population never receive.

Sometimes it is never offered and other times, the sick person or family is reluctant to accept hospice care. Most families who did receive hospice care say that they could have benefited from hospice much earlier. Ask you doctor about hospice care. If your doctor is not sure that you qualify, most hospices will send a nurse to the home to rate your appropriateness for hospice. Don't allow your fear to prevent you from getting the help that you need.

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Anticipatory (Hospice Care) and Preparatory Grief

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This article will focus on the psychological and social challenges facing an individual with a terminal disease and his or her family members.

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How is Anticipatory (Hospice Care) and Preparatory Grief

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Hospice, hospital and hospitality? The word "hospice" derives from the same linguist root as hospital and hospitality. The term goes back to medieval times when it described a place of shelter and rest for weary travelers on long journeys. Hospice was first used to describe specialized care for terminally ill patients in 1967 when the modern hospice movement began in England. Today the term "hospice" refers to a steadily growing concept of humane and compassionate care that is focused on the patient rather than the disease.

The VITAS Innovative Hospice was the pioneer care for adult and pediatric (Comfort Care) patients with a range of life-limiting illness. Today hospice care has moved the focus to providing care primarily in the patient's homes; but also inpatient hospice, nursing homes and assisted living.

Hospice care focuses on relieving physical and psychological suffering, and improving the quality of life when a cure is no longer possible; the patient has six months or less to live if the illness follows its expected course. Pain control and symptom management, as well as emotional, spiritual, and practical support, are components of hospice care, which is directed by the patient's own physician.

The goal of hospice care is to ensure that the patient is able to remain comfortable at his or her home, in control of personal and medical choices, while family members are supported as caregivers. Hospice Care Services include, in-home care provided by the Hospice interdisciplinary team, directed by the patient's physician. Relief from pain and management of other symptoms, medications and equipment related to the illness, emotional support for the entire family, spiritual support and counseling, as requested. Additional services provided are bath and personal hygiene care, education on how to care for the patient and on the nature and course of the illness, volunteer support for caregiver and respite time, alternate levels of care, depending on medical needs, grief and bereavement support, and help with accessing other useful community services.
Numerous health professionals are involved in providing hospice care. The hospice team includes, a Medical Director, which oversees treatment by the hospice team and coordinates patient care with the patient's physician, a Registered Nurses Case Manager responsible for managing physical care and coordinating other services. A Spiritual Care Coordinator assists in identifying spiritual concerns, and offers counseling, a Certified Home Health Aide will assist with personal hygiene needs, and a Bereavement Counselor supports the patient and family, and continues grief support with the family members for approximately 12 months after the patient's demise.

A hospice supportive caregiver will want to create a climate that encourages and supports sharing the patient's feelings. There are six steps a hospice supportive caregiver can implement to be an effective: open honest appropriate and effectively communicating effectively the patient, supporting the patient's spiritual concerns, helping to resolve the patient's unfinished business (family relationships), working with other health professionals, working with family and friends of the patient, and taking care of your own needs and feelings.

Hospice care can be preparation for saying Good-bye; however I have included some aspects of grief that are unique to anticipatory and preparatory grief. First, let me say the word bereavement means to be robbed and bereavement is the grief that comes after a death.
Preparatory grief referees to the grief experienced by the dying person, this is the "grief" that the terminally patient has to under go in order to prepare for their death. This can be loss of loss of health, the simple pleasure of living may be grieved, and/or the loss of their future unfilled plans, hopes, and dreams.

Anticipatory grief or anticipatory mourning refers to grief and mourning before death for both patient and family.

Family members and friends can help the hospice patient, literally say good-bye. Letters, tape recorded messages and video recordings are excellent mediums, give the patient permission to let go of life, keep the patient comfortable, Touch and Talk even if the patient is sleeping much of the time or slips into a coma, touching and talking are extremely important. Touch the patient in a comforting way (hold hand, rub arm, or face/cheek) Talking or playing soft music can help; this can decrease the patient's sense of being alone and can be very comforting. Validate what the patient are feeling, "It's Okay to Cry or feel sad." "It seems to me you are responding normally to a very difficult situation." Welcome family and friends to visit and ask the patient what they want.

Hospice neither hastens nor postpones dying. Just as doctors and midwives lend support and expertise during time of birth, hospice provides its presence and specialized knowledge during the dying process.

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So, A Loved One is Going Into Hospice - Are You Prepared?

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So many population narrate the word Hospice to Aids. Sure back when many started dying from Aids, Hospice Centers popped up all over. But now, Hospice is available for all terminally ill people. It is not just restricted to Aids patients. Even I associated Hospice to the place population go when they have Aids. It wasn't until my very own father decided to go the route of Hospice that I learned differently.

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How is So, A Loved One is Going Into Hospice - Are You Prepared?

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A healthy, strong, vibrant man for being 80 years old. He was still welding and rebuilding trains at the time. He started having many mini strokes which led him to the hospital for tests. They couldn't understand why such a lively, healthy, strong man was having strokes. Tests showed that his carotid artery had a 90% blockage and that was causing the strokes. His back was put up to a wall. He was told, either have the blockage extraction surgery which could cause stroke complications or die in a incorporate days of a huge stroke. Being so vibrant, he chose the surgery. He came out of the surgery fine and was talking in the recovery room. A day later they discovered internal bleeding, exploratory surgery was necessary. He didn't come out of this surgery as well. Due to his age, it was just too many surgeries, too soon. He remained in a coma for a week. I flew out to be with him, and fortunately he came out of the coma.

This good news didn't last long. For some reason, everything he ate or drank went into his lungs. They started the procedure of suctioning his lungs. A very painful experience. Each time they suctioned them, it damaged the lungs more. They took him back into surgery and put in a trach tube so he could breathe easier.

The next day, He needed his lungs suctioned again, the trach did no good. The final diagnosis: Spend his remaining days in a nursing home and be fed intravenously. Not the life my father chose.

He pondered his situation for a incorporate days, then called us all in.

There was no way he would spend his life in bed with a feeding tube. That just wasn't living. He decided to have all tubes removed and go to a hospice center where he could die in peace.

Of course, removing all tubes meant no food or water. He would for real die from lack of water. We found a hospice. There were no spoton nurses that kicked you out of the room, or told you to quiet down. There was no such thing as visiting hours. Each room had it's own private entry and you could come and go as you please. The nurses were not there to watch his health, they were there to ensure his comfort.

Hospice had a kitchen with snacks, and microwaves, fridges, and ovens for your meal preparations. They in case,granted the family with juice, pop, water etc. They had books on grief. They were all the time very amiable and understanding. They knew you were grieving and did all they could to help you through it.

Watching my father die was pure hell, but I never could have done it in the hospital atmosphere. Every time he did something traumatic, they were right there to relieve and assure me it was natural. If he was suffering, they were quick to give him something to ease it.

My father should have passed after 3 days of no water but, he lived on for 18 more days. They explained to me that his body was strong and it was taking a long time for his dissimilar body functions to shut down.

I am grateful my father chose Hospice over the Hospital atmosphere. I come from a big family, including brothers, their wives, their children, step children, etc. The Hospice did not mind. There were times we had over 12 population in the room at 2:00 am. Grieving my father's death was hard enough, I could not dream what it would have been like if he was in a hospital that kicked me out after visiting hours, or told me there were too many family members in the room, man has to leave. Or if they didn't furnish me with grief counseling and helpful data nearby the clock of what was happening to him.

For the record, I spent the entire 18 days in his room. The hospice in case,granted me with food, drinks, and anything else I needed. They in case,granted comfortable roll out beds, guidance and sympathy. I truly believe that if man is terminal, Hospice is the humane way to go!

A big thumbs up to all the caring population that volunteer at hospices.

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Hospice Care and What to Expect

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In the United States, hospice care development and services are guided by the Medicare Hospice benefit (Mhb). Because 95% of hospice care is in the form of habit home care, clinicians and patients may not be aware that there are 4 determined levels of care. Patients may be admitted into a hospice agenda at any level and may exchange in the middle of levels as needed.

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How is Hospice Care and What to Expect

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Hospice Care Levels

Routine Home Care
The most coarse type of hospice aid in the United States is habit home care. A trained hospice team provides core services in the patient's home, whether a underground residence, an assisted living premise or nursing home, essentially anywhere the inpatient may live. Hospice care includes physician or expert visits as needed, along with nursing and home condition aide visits 1-3 times per week. Counseling, medications, medical equipment and supplies, lab services and physical therapy are also included.

Respite Care
Respite care allows family members time away from the emotional and physical demands of care-giving. When the inpatient is not qualify for inpatient or chronic home care, respite care is ready for the full-time caregiver. This is short-term in-patient care, puny to 5 consecutive days. The inpatient will be admitted to a hospice premise so that care-takers can relax, knowing the inpatient is well-cared for.

General inpatient Hospice Care
The Mhb provides for care in an acute care hospital or other setting where intensive nursing and other withhold may not be inherent in the patient's home. This might be essential in situations of uncontrolled and distressing physical symptoms or psycho-social problems. If around-the-clock withhold is deemed necessary, there are three kinds of inpatient facilities contribution hospice care:

1. Free standing premise - These are owned and operated by a hospice company and are staffed with hospice trained staff. There is a puny furnish of these types of facilities and may not be an choice for everybody in need.

2. Hospital - A hospice company may lease a unit in or contract with the hospital to furnish inpatient care. In this case, hospice-trained staff would furnish around the clock care.

3. Long term care premise - A hospice company may lease of contract with a premise to furnish hospice care.

Inpatient care is thought about short-term and would be re-evaluated, allowing the inpatient to move to another level of care at any time.

Continuous Home Care
Continuous home care is intended for patients who qualify for normal inpatient hospice care, but who prefer to stay in their own homes and need withhold through brief periods of crisis. The services of a home condition aide or normal homemaker services may be provided for 8-24 hours per day. This is a more intense form of withhold than habit home care, with the nurse and/or home condition aide remaining in the patient's home to administer medications, treatment and withhold until the crises is under control.

What to Expect in Hospice Care
First, a referral is made by a physician, another medical professional or even the inpatient or family member. Then a physician must sign an order stating that the inpatient is terminal, with fewer than six months to live. If a inpatient is final and wishes to receive hospice care, but the physician is reluctant to sign the hospice order, then it is the patient's decision to do so-not the doctor's.

Next, the inpatient is admitted to hospice by a public laborer and a nurse. They will meet with the inpatient and the family to elaborate hospice, produce a plan of care and complete paperwork.

Once a inpatient is admitted to hospice, he or she will be visited by any members of the hospice team. The staff members include nurses, chaplains, public workers, home condition aides and trained volunteers. The nurse will furnish a weekly assessment, and will make more visits if needed. During the visits, a patient's physical, spiritual, emotional, and public needs are thought about and addressed. A typical visit consists of checking condition status, administrating medications, changing bandages and providing equipment. Visits may also include fascinating the inpatient in a popular performance or special event. Some visits may involve assisting with funeral arrangements, power of attorney and living wills. The hospice caress has proven to be an leading part of medical care and has come to be a essential and comforting withhold for patients and families.

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Medicare Hospice Fraud - How to Spot it and How to Stop It

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Hospice - dignity-focused, palliative care for the dying - has unquestionably improved the plight of countless patients who might otherwise have died in isolation, fear, and pain. An absolute entitlement under the Medicare program, however, it has also heavily-lined the pockets of venturers and has become a breeding ground for Medicare fraud. When most people think of hospice, they think: volunteers, soft-spoken nurses and ministers. The majority of twenty-first century hospice care in this country, however, is controlled by big-business interests.

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How is Medicare Hospice Fraud - How to Spot it and How to Stop It

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Obviously, profit in and of itself is not a bad thing - it is the foundation of our economy. But when massive profits are made with taxpayers picking up the lion's share of the bill, the eyebrows raise. And when those massive profits are made through Medicare reimbursements for people who aren't dying and don't qualify for the Medicare Hospice Benefit, then that is the definition of fraud. And when that fraud causes unsuspecting patients and families to forgo much-needed curative treatment that could improve or save their lives, then the people behind the fraud have to be stopped. Period.

Without admitting fraud, some major hospice companies have ponied-up large settlement dollars to quell allegations that their business models include admitting and readmitting non-terminal hospice patients and falsely billing Medicare and Medicaid. In 2006, mammoth national hospice provider, Odyssey Hospice, paid .9 million and kept doing business as usual. In 2009, national hospice provider SouthernCare paid nearly million as a result of a qui tam lawsuit filed and litigated by the author of this article. But paying such high settlement dollars seemed to only prove the heavy profit to be found in healthcare for the dying. The Odyssey and SouthernCare settlements seemed to be nothing more than a blip on the radar of the for-profit hospice machines. Odyssey's census and profit margins inexplicably grew rather than shrunk after they agreed to purge and stop admitting non-terminal patients. According to reports filed by the company, Odyssey's average daily census grew by over 100 patients the year after the settlement and by nearly 4,000 after two years. Likewise Odyssey admissions grew by over 200 the first year and by over 14,000 by the second year. Their net patient revenue jumped by almost ten million the same year that they settled with the government - the initial year rise in revenue almost paying for the cost of the settlement. By year two under the Corporate Integrity Agreement, Odyssey increased its net patient revenue by more than 0 million. Last year - year five of the corporate integrity agreement - Odyssey grew its net patient revenue to 6 million, up 0 million after its settlement with the government of fraud allegations. The lesson: hospice is big business.

Unfortunately, where there are hefty profits to be made, people who will game the system can also often be found. One of the most common places to spot Medicare hospice fraud is in nursing homes. According to a recent report of the Department of Health and Human Services Office of Inspector General, 82% of hospice claims for beneficiaries in nursing facilities did not meet at least one Medicare coverage requirement and 33% of claims did not meet election requirements. A whopping 66% of claims did not meet plan of care requirements - a particularly disturbing statistic indicating problems with patient care. Almost a third of all Medicare hospice claims were for fewer services than required by the plan of care.

The only way to clean up the U.S. hospice industry and return it to its noble roots is for the people inside these companies to come forward and say enough is enough. Nurses, marketers, and managers on the ground who are being pressured to admit and readmit inappropriate patients must refuse to do so. They must report the fraud up the chain of command and demand that it change. Upper management must listen and report. Under the federal false claims act, companies can substantially limit their damages and avoid civil penalties through self-reporting. And if those measures don't produce change, then whistleblowers must come forward and report directly to the government. Under the federal and some state false claims acts, whistleblowers can share in as much as 25% (and in some cases as much as 30%) of the settlement or jury award. The SouthernCare whistleblower lawsuit brought by the author of this article on behalf of a concerned former hospice nurse set the record at nearly million, produced a whistleblower reward of nearly million, and caused the industry to pause and take notice. But it is not enough that one or two brave souls come forward. If you are aware of Medicare Hospice Fraud, now is the time to speak up. The sanctity of hospice care, the future of the Medicare Hospice Benefit, and the safety and dignity of the terminally-ill depend upon you.

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Hospice Care for the Elderly

Joliet Hospice House - Hospice Care for the Elderly.
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Until new months, when I conception of Hospice, I conception of a home like facility with nursing staff that cater to the terminally ill. I believed Hospice was for those dying of cancer wishing to minimize their hospital stays without putting an undo burden on family members. This, in fact, was why the Hospice movement began in England in l967. But the movement is now reaching out in new directions.

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How is Hospice Care for the Elderly

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My sisters and I began looking for aid after my 97 year old mother fell. She was living in an apartment in a relinquishment society where she had managed on her own. After the fall she needed regular aid getting to the bathroom, dressing and having her food prepared.

My two sisters and I began taking shifts staying with her nearby the clock. The situation came on suddenly and we were uncertain what the time to come held. Would she get better, or would she continue to need help indefinitely? Would it be a month or six? Would it be nearby the clock or part time?

Time stretched on and we still did not feel comfortable leaving her alone. We were wearing thin. She had good days and bad days and while her injuries from the fall seemed to have healed her mental capacity took a serious dip. . We found we were now staying with her for different reasons. She could get to the bathroom and sometimes get herself dressed but she would often forget what she was doing and had become a danger to herself. We were rapidly becoming depleted and still uncertain which way to turn.

My sister hired a part time aide and called Hospice. Both proved to be invaluable. Within 24 hours of placing the call to Hospice, a representative was sitting in my mother's sitting room talking with us. She gave us literature on the dying process, a packet explaining their services in information and prescription medications to help in keeping my mother comfortable no matter what situation arose. She gave us the name of a nurse who would be on call for us 24/7 and set up an appointment for her first weekly visit. In expanding she took the time to talk with us about our concerns regarding my mother's time to come care options. It was hard to accept that all of this was being offered without a price tag. all they were gift was covered under Medicare.

After the Hospice Representative left we looked at each other, heaved a sigh of relief, and began consuming from treading water to taking steps to getting our lives back in focus. Throughout the subsequent weeks, we called on Hospice whenever we had a concern. The nurse visited once a week as described but when we had a medical question or felt mother needed medical attentiveness in between, we called her and she always came that very day. In expanding she reported her visits and findings to my mother's doctor. My mother's medical care was being supervised without her having to go through the difficult process of traveling to the doctor's office. all about Hospice care was proving to be very easy and extremely helpful. They knew what we needed before we even asked.

As my mother improved it became clear she would need a wheelchair. We called Hospice and they had one delivered to her door within 24 hours. The man who delivered it explained how to work it and told us to call if we had any questions.

Hospice understands the difficulties faced by caregivers but they also understand the dying process, whether it is from disease or aging. They are not afraid of it and engage it with brain and compassion. They were able to help us understand more clearly what my mother was going through and how it might look. It made it so much easier for us to deal with.

As our people ages, an expanding amount of people are looking themselves in the situation of caring for aging parents or other family members who are working their way through the dying process. Hospice is there for anyone who is dealing with this difficult life transition and gift tools and sustain to anyone who asks. If we can bring ourselves to reach out and take their hand we will survey a whole new way of caring for our elderly family members. We can allow them the ease and dignity of dying in a caring environment without depleting our financial or emotional resources.

We still spend a important amount of time with my mother. We oversee her care and coordinating help takes time and effort. But we know we have the sustain of a caring society that will help us at the drop of a hat. I encourage anyone in need of sustain to call their local Hospice and get acquainted. Find out what they are gift in your area. It's a ease to know they are there, willing and ready to assist, should you and your family need them.

Hospice is not only for the terminally ill. Hospice is a perfect explication for the elderly as well.

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

Hospice At Home - Hospice Fraud - A reveal For Employees, Whistleblowers, Attorneys, Lawyers and Law Firms.
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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 habitancy who died in 2008, nearly one million were hospice patients. The remarkable majority of habitancy receiving hospice care receive federal benefits from the federal government straight through the Medicare or Medicaid programs. The condition care providers who supply 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.

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How is Hospice Fraud - A reveal For Employees, Whistleblowers, Attorneys, Lawyers and Law Firms

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While most hospice condition care organizations supply suitable and ethical rehabilitation for their hospice patients, because hospice eligibility under Medicare and Medicaid involves clinical judgments which may follow in the payments of large sums of money from the federal government, there are titanic 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 clubs and individuals who are willing to try to defraud the Medicare and Medicaid hospice benefits programs is on the rise.

A modern example of hospice fraud challenging a South Carolina hospice is Southern Care, Inc., a hospice firm that in 2009 paid .7 million to resolve an Fca case. The defendant operated hospices in 14 other states, too, together with 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 terminal illnesses, and that the firm marketed to potential 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 agreement 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, together with hospice patients and their family 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 advanced across the country. Consumers need to safe 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 field themselves to administrative sanctions, together with lengthy exclusions from working in an assosication which receives federal funds, titanic civil monetary penalties and fines, and criminal sanctions, together with incarceration. When a hospice employee discovers fraudulent show the way challenging Medicare or Medicaid billings or claims, the employee should not participate in such behavior, and it is imperative that the unlawful show the way 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 recompense 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 aid for patients who are terminally ill. Hospices also supply sustain services for the families of terminally ill patients. This care includes corporeal care and counseling. Hospice care is ordinarily in case,granted by a social group or inexpressive firm stylish by Medicare and Medicaid. Hospice care is ready for all age groups, together with children, adults, and the elderly who are in the final stages of life. The purpose of hospice is to supply care for the terminally ill patient and his or her family and not to cure the terminal illness.

If a patient qualifies for hospice care, the patient can receive curative and sustain services, together with nursing care, curative social services, doctor services, counseling, homemaker services, and other types of services. The hospice patient will have a team of doctors, nurses, home condition aides, social workers, counselors and trained volunteers to help the patient and his or her family members cope with the symptoms and consequences of the terminal illness. While many hospice patients and their families can receive hospice care in the relieve of their home, if the hospice patient's condition deteriorates, the patient can be transferred to a hospice facility, hospital, or nursing home to receive hospice care.

Hospice Care Statistics

The estimate of days that a patient receives hospice care is often referenced as the "length of stay" or "length of service." The distance of aid is dependent on a estimate of distinct factors, together with but not puny to, the type and stage of the disease, the capability of and passage to condition care providers before the hospice referral, and the timing of the hospice referral. In 2008, the midpoint distance of stay for hospice patients was about 21 days, the midpoint 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 in case,granted are nursing homes (22%), residential facilities (6%), hospice patient facilities (21%), and acute care hospitals (10%). Hospice patients are ordinarily 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 terminal illness resulting in a hospice referral, cancer is the diagnosis 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% increase over ten years. There were about 3,700 clubs 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 schedule to supply condition insurance for the elderly and disabled. Payments from the Medicare schedule arise from the Medicare Trust fund, which is funded by government contributions and straight through payroll deductions from American workers. The Centers for Medicare and Medicaid Services (Cms), previously known as the condition Care Financing administration (Hcfa), is the federal group within the United States group of condition and Human Services (Hhs) that administers the Medicare schedule and works in partnership with state governments to administer Medicaid.

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

• Consortium for Medicare condition Plans Operations
• Consortium for Financial administration and Fee for aid Operations
• Consortium for Medicaid and Children's condition Operations
• Consortium for capability correction and seek & 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 firm line. Each Ca is responsible for consistent implementation of Cms programs, policy and guidance across all ten regions for matters pertaining to their firm line. In expanding to accountability for a firm line, each Ca also serves as the Agency's senior administration valid for two or three Regional Offices (Ros), representing the Cms Administrator in external matters and overseeing administrative operations.

Much of the daily administration and performance of the Medicare schedule is managed straight through inexpressive insurance clubs that covenant with the Government. These inexpressive insurance companies, sometimes called "Medicare Carriers" or "Fiscal Intermediaries," are charged with and responsible for accepting Medicare claims, determining coverage, and development payments from the Medicare Trust Fund. These carriers, together with Palmetto Government Benefits Administrators (hereinafter "Pgba"), a group 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 right representations of condition care providers when processing claims.

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

The Medicaid schedule is ready only to certain 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 personel states, the Medicaid schedule 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 schedule depends on condition care providers to accurately and certainly submit claims and bills to schedule administrators only for those curative treatments or services that are legitimate, uncostly and medically necessary, in full compliance with all laws, regulations, rules, and conditions of participation, and, further, that curative providers not take benefit of their indigent patients.

Medicare & Medicaid Hospice Laws Which work on Sc Hospices

Hospice fraud occurs when hospice organizations, by and straight 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 identify 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 social security 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 patient must be eligible for Medicare Part A and be terminally ill. 42 C.F.R. § 418.20. terminal illness is established when "the personel has a curative diagnosis that his or her life expectancy is 6 months or less if the illness runs its normal course." 42 C.F.R. § 418.3; 42 U.S.C. § 1395x(d)(d)(3). The patient's doctor and the curative director of the hospice must certify in writing that the patient is "terminally ill." 42 U.S.C. § 1395f(a)(7); 42 C.F.R. § 418.20. After a patient's initial 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 patient can be re-certified only if at that time he or she has less than six months to live if the illness runs its normal course. 42 U.S.C. § 1395f(a)(7)(A). The written certification and re-certifications must be maintained in the patient's curative records. 42 C.F.R. § 418.23. A written plan of care must be established for each patient setting forth the types of hospice care services the patient is scheduled to receive, 42 U.S.C. § 1395f(a)(7)(B), and the hospice care has to be in case,granted 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 patient must be maintained by the hospice, together with plan of care, assessments, clinical notes, signed observation of election, patient responses to medication and therapy, doctor certifications and re-certifications, outcome data, advance directives and doctor orders. 42 C.F.R. § 418.104.

The hospice must procure a written observation of determination from the patient to elect to receive Medicare hospice benefits. 42 C.F.R. § 418.24. Importantly, once a patient has elected to receive hospice care benefits, the patient waives Medicare benefits for curative rehabilitation for the terminal disease upon which is the admitting diagnosis. 42 C.F.R. § 418.24(d).

The hospice must prescribe 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 terminal illness and bereavement. 42 C.F.R. § 418.56. The Idg members must supply 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 supply 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 puny to, the following excellent and competent professionals: (i) A doctor of rehabilitation or osteopathy (who is an employee or under covenant with the hospice); (ii) A registered nurse; (iii) A social 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 uncostly and considerable for the palliation and administration of the terminal illness as well as linked conditions. The personel must elect hospice care in accordance with §418.24. A plan of care must be established and periodically reviewed by the attending physician, the curative director, and the interdisciplinary group of the hospice schedule as set forth in §418.56. That plan of care must be established before hospice care is provided. The services in case,granted must be consistent with the plan of care. A certification that the personel is terminally ill must be completed as set forth in section §418.22.

The social security 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 cost 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 uncostly and considerable for the palliation or administration of terminal illness...." 42 C.F.R. § 418.50 (hospice care must be "reasonable and considerable for the palliation and administration of terminal illness"). Palliative care is defined in the regulations as "patient and family-centered care that optimizes capability 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 patient autonomy, passage 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 family 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: habit home care (2.91); continuous home care (4.10); patient respite care (7.83); and, normal patient care (5.74).

The aggregate each year cap per patient in 2009 was ,014.50. This cap is determined by adjusting the customary hospice patient cap of ,500, set in 1984, by the buyer Price Index. See Cms Internet-Only by hand 100-04, lesson 11, section 80.2; 42 U.S.C. § 1395f(i); 42 C.F.R. § 418.309. The Medicare Claims Processing Manual, at lesson 11 - Processing Hospice Claims, in Section 80.2, entitled "Cap on ample 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 fee the patient for these co-insurance payments. However, the co-insurance payments for drugs are puny to the lesser of or 5% of the cost of the drugs to the hospice, and the co-insurance payments for respite care are ordinarily 5% of the cost made by Medicare for such services. 42 C.F.R. § 418.400.

The Medicare and Medicaid programs want institutional condition care providers, together with 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 schedule instructions, and supplementary certify that they understand that cost of a claim by Medicare and Medicaid is conditioned upon the claim and underlying transaction complying with such schedule 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 schedule instructions that apply to this provider. The Medicare laws, regulations, and schedule instructions are ready straight through the Medicare contractor. I understand that cost of a claim by Medicare is conditioned upon the claim and the underlying transaction complying with such laws, regulations, and schedule instructions (including, but not puny to, the Federal Aks and Stark laws), and on the provider's compliance with all applicable conditions of participation in Medicare."

Hospices are ordinarily required to bill Medicare on a monthly basis. See the Medicare Claims Processing Manual, at lesson 11 - Processing Hospice Claims, in Section 90 - Frequency of Billing. Hospices ordinarily 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), whether in paper or electronic form. These claim forms contain representations and certifications which state in pertinent part that: (1) misrepresentations or falsifications of considerable information may serve as the basis for civil monetary penalties and criminal convictions; (2) submission of the claim constitutes certification that the billing information is true, exact 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 patient signatures are on file; and, (6) for Medicaid purposes, the submitter understands that because cost and satisfaction of this claim will be from Federal and State funds, any false statements, documents, or concealment of a material fact are field to prosecution under applicable Federal or State Laws.

Hospices must also file with Cms an each 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 each 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 information contained in the cost record may be punishable by criminal, civil and administrative actions, together with 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, together with fines and/or imprisonment; (3) the record is a true, exact and complete statement ready from the books and records of the provider in accordance with applicable instructions, except as noted; and, (4) the signing officer is customary with the laws and regulations concerning the provision of condition care services and that the services identified in this cost record were in case,granted 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, together with hospice fraud, and which help claim schedule integrity and compliance. Some of the more important 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, together with 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 recompense 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 common 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 cost 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 specific intent to defraud. Rather, it is only considerable 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 operation 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 payment for any extra damages sustained as a follow of the discrimination or retaliation, together with litigation costs and uncostly 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 group where the frauds occurred, the relator's residence, and the defendant residence, will resolve which group 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 resolve whether or not to intervene. While this time, federal government investigators settled in South Carolina will research the claims. If the case complex Medicaid, Sc Medicaid fraud unit investigators will likely become complex as well. If the government intervenes in the case, the U.S. Attorney for South Carolina is ordinarily 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 normal (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 customary with these hospice fraud practices. Tips on recognizing hospice frauds in South Carolina and the U.S. Are:

• A hospice offering free goods or goods at below market 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 patient 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 uncostly or considerable for the palliation of the symptoms of a terminally ill patient.
• A hospice paying amounts to the nursing home for "additional" services that Medicaid determined included in its room and board cost to the hospice.
• A hospice paying above fair market value for "additional" non-core services which Medicaid does not think 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 market value) care to nursing home patients, for whom the nursing home is receiving Medicare cost under the skilled nursing installation benefit, with the anticipation that after the patient exhausts the skilled nursing installation benefit, the patient will receive hospice services from that hospice.
• A hospice providing staff at its charge 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 specific intervals.
• Plan of Care did not contain an assessment of needs.
• Fraudulent statements in a hospice's cost record to the government.
• observation of determination was not obtained or was fraudulently obtained.
• Rn supervisory visits were not made for home condition aide services.
• Certification or Re-certification of terminal 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 show the way a self-assessment of capability and care provided.
• Clinical records were not maintained for every patient.
• Interdisciplinary group did not chronicle and modernize 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 settled an Fca lawsuit by paying .8 million to the federal government. The defendant allegedly failed to procure written certifications of terminal illness for a estimate of its patients.

In 2006, Odyssey Healthcare, a national hospice provider, paid .9 million to resolve a qui tam suit for false claims under the Fca. The hospice fraud allegations were ordinarily 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 agreement 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., settled claims an Fca claim for 0,000. The hospice fraud allegations were ordinarily 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 settled 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, together with violation of the Aks for receiving illegal kickbacks from a hospice for recommending the hospice to the staff of his nursing home, settled 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 customary 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.

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Gw Modifier For Care Unrelated to Hospice final Care

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Many billers think that if a inpatient is a Hospice inpatient that they cannot get reimbursed for services if they are not reimbursed by the Hospice carrier. But positively there is a modifier, Gw, that indicates that the care is unrelated to the patient's concluding condition. In order for a inpatient to receive Hospice services they must have a life expectancy of six months or less if the concluding illness or disease runs its normal course.

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Many habitancy mistakenly think that this means that the inpatient must be bed ridden or critically ill. However, that is not all the time the case. In fact, many hospices encourage the patients to continue with social and recreational activities as long as they are able. They try to make the patient's last few months, or weeks as fulfilling as possible.

This in some cases means that the inpatient may need to see a medical provider for something that is not connected to the concluding condition. For example, maybe the inpatient has low back pain and seeing a chiropractor gives the inpatient relief. Their concluding health is an inoperable brain tumor, or an inoperable aortic aneurysm. The back pain is not connected to the concluding condition. The inpatient receives relief from the chiropractic manipulation.

The chiropractor can still see the inpatient even though they are receiving hospice and the chiropractor doesn't have to get hospice to agree to pay for the care. They can bill the patient's assurance using the Gw modifier to indicate "service not connected to the hospice patient's concluding condition".

There are other examples of care that can be rendered that is not connected to the concluding condition. Maybe the inpatient gets conjunctivitis and needs to see an ophthalmologist to get treatment. Again, the aid is unrelated to the concluding condition, but you can't just ignore the conjunctivitis.

For me the question is that I use the Gw modifier so infrequently that when I need it I can't remember which modifier it is. So I decided to make it an entry in my rolodex so that when it comes up, I can find it easily! Hey, anyone works.

Copyright 2009 - Michele Redmond

Solutions medical Billing Inc 

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

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Hospice fraud in South Carolina and the United States is an expanding qoute as the number of hospice patients has exploded over the past few years. From 2004 to 2008, the number of patients receiving hospice care in the United States grew approximately 40% to nearly 1.5 million, and of the 2.5 million habitancy who died in 2008, nearly one million were hospice patients. The overwhelming majority of habitancy receiving hospice care receive federal benefits from the federal government through the Medicare or Medicaid programs. The condition care providers who furnish 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.

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

A new example of hospice fraud enchanting a South Carolina hospice is Southern Care, Inc., a hospice company that in 2009 paid .7 million to resolve 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 terminal illnesses, and that the company marketed to inherent 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 approximately 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 fill in themselves with the basics of the hospice care industry, hospice eligibility under the Medicare and Medicaid programs, and hospice fraud schemes that have developed over the country. Consumers need to safe 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 branch themselves to executive sanctions, including lengthy exclusions from working in an organization which receives federal funds, large civil monetary penalties and fines, and criminal sanctions, including incarceration. When a hospice worker discovers fraudulent guide enchanting Medicare or Medicaid billings or claims, the worker should not partake in such behavior, and it is imperative that the unlawful guide be reported to law promulgation and/or regulatory authorities. Not only does reporting such fraudulent Medicare or Medicaid practices shield the hospice worker from exposure to the foregoing administrative, civil and criminal sanctions, but hospice fraud whistleblowers may benefit financially under the bonus 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 profit 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 furnish withhold services for the families of terminally ill patients. This care includes corporeal care and counseling. Hospice care is normally in case,granted by a social agency or hidden company beloved by Medicare and Medicaid. Hospice care is ready for all age groups, including children, adults, and the elderly who are in the final stages of life. The purpose of hospice is to furnish care for the terminally ill inpatient and his or her house and not to cure the terminal illness.

If a inpatient qualifies for hospice care, the inpatient can receive medical and withhold services, including nursing care, medical social services, physician services, counseling, homemaker services, and other types of services. The hospice inpatient will have a team of doctors, nurses, home condition aides, social workers, counselors and trained volunteers to help the inpatient and his or her house members cope with the symptoms and consequences of the terminal 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 number 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 number of dissimilar factors, including but not little to, the type and stage of the disease, the ability of and access to condition care providers before the hospice referral, and the timing of the hospice referral. In 2008, the midpoint distance of stay for hospice patients was about 21 days, the midpoint distance of stay was about 69 days, approximately 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 hidden homes (40%). Other locations where hospice services are in case,granted are nursing homes (22%), residential facilities (6%), hospice inpatient facilities (21%), and acute care hospitals (10%). Hospice patients are generally 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 terminal illness resulting in a hospice referral, cancer is the pathology for approximately 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 hidden insurance (8%), Medicaid (5%), charity care (1%) and self pay (1%).

As of 2008, there were approximately 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 summary of the Medicare and Medicaid Programs

In 1965, Congress established the Medicare agenda to furnish condition insurance for the elderly and disabled. Payments from the Medicare agenda 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 administration (Hcfa), is the federal agency within the United States agency of condition and Human Services (Hhs) that administers the Medicare agenda and works in partnership with state governments to administer Medicaid.

In 2007, Cms reorganized its ten geography-based field offices to a Consortia buildings 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, explore & certification and ability improvement. The Cms consortia consist of the following:

• Consortium for Medicare condition Plans Operations
• Consortium for Financial administration and Fee for service Operations
• Consortium for Medicaid and Children's condition Operations
• Consortium for ability revising and explore & 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, procedure and guidance over all ten regions for matters pertaining to their company line. In expanding to accountability for a company line, each Ca also serves as the Agency's senior administration official for two or three Regional Offices (Ros), representing the Cms Administrator in external matters and overseeing executive operations.

Much of the daily administration and execution of the Medicare agenda is managed through hidden insurance companies that compact with the Government. These hidden insurance companies, sometimes called "Medicare Carriers" or "Fiscal Intermediaries," are charged 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, operate 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 agenda has enabled the elderly and disabled to secure primary medical services from medical providers throughout the United States. primary to the success of the Medicare agenda is the underlying belief that condition care providers accurately and indubitably submit claims and bills to the Medicare Trust Fund only for those medical treatments or services that are legitimate, reasonable and medically necessary, in full compliancy with all laws, regulations, rules, and conditions of participation, and, further, that medical providers not take benefit of their elderly and disabled patients.

The Medicaid agenda is ready 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 with regard to eligibility and services. Although administered by individual states, the Medicaid agenda 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 agenda depends on condition care providers to accurately and indubitably submit claims and bills to agenda administrators only for those medical treatments or services that are legitimate, reasonable and medically necessary, in full compliancy with all laws, regulations, rules, and conditions of participation, and, further, that medical providers not take benefit of their indigent patients.

Medicare & Medicaid Hospice Laws Which affect 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 social protection 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. terminal illness is established when "the individual has a medical pathology that his or her life expectancy is 6 months or less if the illness runs its normal course." 42 C.F.R. § 418.3; 42 U.S.C. § 1395x(d)(d)(3). The patient's physician and the medical director of the hospice must guarantee 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 first certification, Medicare provides for two ninety-day benefit periods followed by an unlimited number 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 normal course. 42 U.S.C. § 1395f(a)(7)(A). The written certification and re-certifications must be maintained in the patient's medical 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 in case,granted 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, physician certifications and re-certifications, outcome data, strengthen directives and physician orders. 42 C.F.R. § 418.104.

The hospice must secure a written notice of choice 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 medical medicine for the terminal 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 terminal illness and bereavement. 42 C.F.R. § 418.56. The Idg members must furnish 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 furnish coordination of care and to ensure continuous appraisal of each patient's and family's needs and implementation of the interdisciplinary plan of care. The interdisciplinary group must include, but is not little to, the following grand and competent professionals: (i) A physician of medicine or osteopathy (who is an worker or under compact with the hospice); (ii) A registered nurse; (iii) A social 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 reasonable and primary for the palliation and administration of the terminal illness as well as associated conditions. The individual must elect hospice care in accordance with §418.24. A plan of care must be established and periodically reviewed by the attending physician, the medical director, and the interdisciplinary group of the hospice agenda as set forth in §418.56. That plan of care must be established before hospice care is provided. The services in case,granted must be consistent with the plan of care. A certification that the individual is terminally ill must be completed as set forth in section §418.22.

The social protection 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 reasonable and primary for the palliation or administration of terminal illness...." 42 C.F.R. § 418.50 (hospice care must be "reasonable and primary for the palliation and administration of terminal illness"). Palliative care is defined in the regulations as "patient and family-centered care that optimizes ability 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, access 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 number 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 number 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, normal inpatient care (5.74).

The aggregate yearly cap per inpatient in 2009 was ,014.50. This cap is considered by adjusting the former hospice inpatient cap of ,500, set in 1984, by the buyer Price Index. See Cms Internet-Only manual 100-04, episode 11, section 80.2; 42 U.S.C. § 1395f(i); 42 C.F.R. § 418.309. The Medicare Claims Processing Manual, at episode 11 - Processing Hospice Claims, in Section 80.2, entitled "Cap on ample 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 little to the lesser of or 5% of the cost of the drugs to the hospice, and the co-insurance payments for respite care are generally 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 guarantee that they will comply with Medicare and Medicaid laws, regulations, and agenda instructions, and additional guarantee that they understand that payment of a claim by Medicare and Medicaid is conditioned upon the claim and underlying transaction complying with such agenda 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 agenda instructions that apply to this provider. The Medicare laws, regulations, and agenda instructions are ready 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 agenda instructions (including, but not little to, the Federal Aks and Stark laws), and on the provider's compliancy with all applicable conditions of participation in Medicare."

Hospices are generally required to bill Medicare on a monthly basis. See the Medicare Claims Processing Manual, at episode 11 - Processing Hospice Claims, in Section 90 - Frequency of Billing. Hospices generally file their hospice Medicare claims with their Fiscal Intermediary or Medicare Carrier pursuant to the Cms Claims manual Form Cms 1450 (sometime also called a Form Ub-04 or Form Ub-92), whether in paper or electronic form. These claim forms contain representations and certifications which state in pertinent part that: (1) misrepresentations or falsifications of primary information may serve as the basis for civil monetary penalties and criminal convictions; (2) submission of the claim constitutes certification that the billing information is true, exact and complete; (3) the submitter did not knowingly or recklessly disregard or misrepresent or conceal material facts; (4) all required physician 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 satisfaction of this claim will be from Federal and State funds, any false statements, documents, or concealment of a material fact are branch to prosecution under applicable Federal or State Laws.

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

Hospice Anti-Fraud promulgation Statutes

There are a number of federal criminal, civil and executive promulgation provisions set forth in the Medicare statutes which are aimed at preventing fraudulent conduct, including hospice fraud, and which help claim agenda integrity and compliance. Some of the more important promulgation 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 promulgation 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 relationship 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 bonus 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 profit of the United States. The plaintiff in a hospice fraud whistleblower suit is also known as a relator. The most base 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 article 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 article or statement material to an promulgation to pay or send money or asset to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an promulgation to pay or send money or asset to the Government.... There is no requirement to prove exact intent to defraud. Rather, it is only primary 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 worker (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 number of back pay, interest on the back pay, and recompense for any special damages sustained as a result of the discrimination or retaliation, including litigation costs and reasonable 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 resolve 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 resolve whether or not to intervene. While this time, federal government investigators settled in South Carolina will explore the claims. If the case involved Medicaid, Sc Medicaid fraud unit investigators will likely become involved as well. If the government intervenes in the case, the U.S. Attorney for South Carolina is normally 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 normal (Oig) has issued special 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 contribution free goods or goods at below market 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 reasonable or primary 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 market 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 market value) care to nursing home patients, for whom the nursing home is receiving Medicare payment under the skilled nursing factory benefit, with the hope that after the inpatient exhausts the skilled nursing factory benefit, the inpatient will receive hospice services from that hospice.
• A hospice providing staff at its expense to the nursing home to accomplish 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 appraisal of needs.
• Fraudulent statements in a hospice's cost article to the government.
• notice of choice was not obtained or was fraudulently obtained.
• Rn supervisory visits were not made for home condition aide services.
• Certification or Re-certification of terminal 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 guide a self-assessment of ability 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 promulgation Cases

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

In 2009, Kaiser Foundation Hospitals settled an Fca lawsuit by paying .8 million to the federal government. The defendant allegedly failed to secure written certifications of terminal illness for a number of its patients.

In 2006, Odyssey Healthcare, a national hospice provider, paid .9 million to resolve a qui tam suit for false claims under the Fca. The hospice fraud allegations were generally 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., settled claims an Fca claim for 0,000. The hospice fraud allegations were generally 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 settled an Fca claim for 0,000 with regard to 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, settled an Fca suit for million.

Conclusion

Hospice fraud is a growing qoute 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 compliancy with Medicare/Medicaid hospice billing requirements to avoid hospice fraud allegations and Fca litigation.

© 2010 Joseph P. Griffith, Jr.

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