May 2010 Archives

Prime Healthcare Services (PHS) recently settled its long standing dispute with the Department of Managed Health Care (DMHC) related to a single instance of alleged "balance billing" as to Kaiser commercial enrollees.  At the time, "balance billing" was not illegal.  PHS' hospitals do not "balance bill," did not and do not report HMO enrollees to credit reporting agencies, and never collected a penny from the alleged "balance billing."  However frivolous the lawsuit, PHS felt it was in the best interest of all involved, including the taxpayers of the State of California, to resolve this matter.  The donations to community clinics provided for in the settlement are part of PHS' long standing commitment to community clinics.  PHS has already donated hundreds of thousands of dollars to community clinics and operates three free clinics in the Inland Empire.  The donation of $600,000 to the community clinics and $600,000 to the Prime Healthcare Services Foundation for the development of community clinics is but a small portion of PHS' planned charitable giving in 2010.  PHS' hospitals provided more than $120 Million in charity care to the uninsured and indigent in 2009 and PHS' founder, Dr. Prem Reddy, has donated hundreds of millions of dollars to charity.

Now that no "balance billing" is the law (which PHS supported so as to keep patients out of the middle of disputes between HMOs and providers), the root cause of balance billing (i.e., unfair payment practices by HMOs) must be addressed.  Unfortunately, the DMHC and its Director, Lucinda Ehnes, have done nothing to address the unfair payment practices of HMOs.  To the contrary, Director Ehnes has used her tenure as Director of the DMHC to create a "safe haven" for HMOs and their unfair business practices.  A culture has developed at the DMHC where HMOs feel protected and free to commit unfair payment practices knowing that the DMHC will take no action.  This leaves the providers on the frontline of healthcare delivery (hospitals and emergency physicians) to fall victim to the HMOs' unfair practices.  In these economic times where the ranks of the uninsured seeking care in emergency departments is ever increasing, the escalating abusive practices of HMOs are putting the already fragile healthcare safety net at risk of failure.  Many hospitals are financially faltering and closing their doors as a result.  The department that is supposed to curb these abusive practices has gone "native" and become the protector of HMOs.  If the DMHC does not take action to address such unfair practices, the healthcare safety net will be threatened.

PHS is the largest for profit hospital system in California and was recently ranked among the Top 10 Health Systems in the Nation by Thomson Reuters for quality patient care.  PHS is the only for profit system to receive this recognition and the only health system west of the Mississippi to be among the Top 10.

May 26, 2010 / category: Lawsuits / link / comments (0)
A Miami-area resident who owned and operated an HIV infusion clinic was arrested today and charged for her alleged participation in a $23 million HIV infusion Medicare fraud scheme, the Departments of Justice and Health and Human Services (HHS) announced.

An indictment unsealed today in U.S. District Court in Miami charges Flor Crisologo, 58, with one count of conspiracy to defraud the United States, to cause the submission of false claims to the Medicare program, and to pay health care kickbacks; one count of conspiracy to commit health care fraud; and three counts of submitting false claims to the Medicare program.  Crisologo also is charged with one count of conspiracy to launder the proceeds of her crimes and four counts of money laundering.  Crisologo made her initial appearance today in U.S. District Court in Miami before Magistrate Judge William C. Turnoff. 

According to the indictment, Crisologo was the owner and operator of J & F Community Medical Center Inc.  The indictment alleges that Crisologo submitted approximately $23 million in false and fraudulent claims to the Medicare program for HIV injection and infusion services purportedly provided through J & F.  According to the indictment, Crisologo hired a physician at J & F and caused the physician to order unnecessary tests, sign false medical analyses and diagnosis forms, and authorize treatments to make it appear that medical services were being provided to patients who were Medicare beneficiaries.  The services included medically unnecessary injection and infusion therapies.  The indictment alleges that Crisologo and her co-conspirators paid Medicare beneficiaries kickbacks to induce the beneficiaries to claim they received legitimate services at the clinic when in fact the HIV infusion services were either not provided or were not medically necessary. 

According to the indictment, Crisologo engaged in a scheme to launder the proceeds of the fraudulent Medicare claims by, among other things, transferring thousands of dollars in proceeds to two shell corporations that she owned and controlled, ABC Med Way Inc., and MSG Investment and Services Corp.

The maximum sentence for each count of conspiracy to defraud the United States and filing false claims is five years in prison.  The maximum sentence for each count of conspiracy to commit health care fraud, conspiracy to commit money laundering and money laundering is 10 years in prison.  The indictment seeks forfeiture of assets held by the defendant. 

An indictment is merely a charge and defendants are presumed innocent until proven guilty.

Today's charges were announced by Assistant Attorney General Lanny A. Breuer of the Criminal Division; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; John V. Gillies, Special Agent-in-Charge of the FBI's Miami field office; and Special Agent-in-Charge Christopher Dennis of the HHS Office of Inspector General (HHS-OIG), Office of Investigations Miami office.

This case is being prosecuted by Trial Attorney Joseph S. Beemsterboer of the Criminal Division's Fraud Section.  The case was investigated by the FBI and HHS-OIG, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division's Fraud Section and the U.S. Attorney's Office for the Southern District of Miami.  

Since their inception in March 2007, Strike Force operations in seven districts have obtained indictments of more than 560 individuals who collectively have falsely billed the Medicare program for more than $1.2 billion.  In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to:www.stopmedicarefraud.gov.

SOURCE U.S. Department of Justice

May 14, 2010 / category: Fraud / link / comments (0)