Compliance
Compliance
Table of Contents
Medicare Fraud and Abuse: A Serious Problem That Needs Your Attention............ 2
What Is Medicare Fraud? ............................................................................................... 2
What Is Medicare Abuse? .............................................................................................. 3
Medicare Fraud and Abuse Laws .................................................................................. 4
Federal False Claims Act (FCA) .................................................................................... 4
Anti-Kickback Statute (AKS) .......................................................................................... 5
Physician Self-Referral Law (Stark Law) ....................................................................... 5
Criminal Health Care Fraud Statute............................................................................... 5
Additional Medicare Fraud and Abuse Penalties ........................................................... 6
Exclusions...................................................................................................................... 6
Civil Monetary Penalties Law......................................................................................... 7
Medicare Fraud and Abuse Partnerships ..................................................................... 8
Public-Private Health Care Fraud Prevention Partnership ............................................ 8
Centers for Medicare & Medicaid Services (CMS) ........................................................ 8
Office of Inspector General (OIG) ................................................................................ 10
Health Care Fraud Prevention and Enforcement Action Team (HEAT) ....................... 10
General Services Administration (GSA)....................................................................... 10
Report Suspected Fraud .............................................................................................. 11
Resources ..................................................................................................................... 12
Please note: The information in this publication applies to the Medicare Fee-For-Service
Program (also known as Original Medicare). Many of the laws discussed apply to all
Federal Health Care Programs (including Medicaid and Medicare Managed Care).
Table 5. Hyperlink Table, at the end of this document, provides the complete URL
for each hyperlink.
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Anyone can commit health care fraud. Fraud schemes range from solo ventures to
broad-based operations by an institution or group. Even organized crime has infiltrated
the Medicare Program and masqueraded as Medicare providers and suppliers.
Examples of Medicare fraud include:
● Billing Medicare for appointments the patient failed to keep
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● Knowingly billing for services at a level of complexity higher than services actually
provided or documented in the file
● Knowingly billing for services not furnished, supplies not provided, or both, including
falsifying records to show delivery of such items
● Paying for referrals of Federal health care program beneficiaries
Defrauding the Federal Government and its programs is illegal. Committing Medicare
fraud exposes individuals or entities to potential criminal and civil liability, and may lead
to imprisonment, fines, and penalties. Criminal and civil penalties for Medicare fraud
reflect the serious harms associated with health care fraud and the need for aggressive
and appropriate intervention. Providers and health care organizations involved in health
care fraud risk exclusion from participating in all Federal health care programs and risk
losing their professional licenses.
Medicare abuse can also expose providers to criminal and civil liability.
Program integrity encompasses a range of activities targeting various causes of
improper payments. The following shows examples along the spectrum of causes of
improper payments.*
● Mistakes Result in Errors: Such as Incorrect Coding
● Inefficiencies Result in Waste: Such as Ordering Excessive Diagnostic Tests
● Bending the Rules Results in Abuse: Such as Improper Billing Practices
(Like Upcoding)
● Intentional Deceptions Result in Fraud: Such as Billing for Services or Supplies
That Were Not Provided
* The types of improper payments above are examples for educational purposes.
Providers who engage incorrect coding, ordering excessive diagnostic tests, upcoding,
or billing for services or supplies not provided may be subject to administrative, civil,
or criminal liability.
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These laws specify the criminal, civil, and administrative remedies the government may
impose on individuals or entities that commit fraud and abuse in the Medicare Program,
including Medicare Parts C and D and the Medicaid Program. Violating these laws may
result in nonpayment of claims, Civil Monetary Penalties (CMPs), exclusion from all
Federal health care programs, and criminal and civil liability. We briefly summarize
each law below, and you can find hyperlinks to the text of the laws at the end of this
section in Table 1.
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Exclusions
Under the Exclusion Statute, the OIG must exclude from participation in all Federal
health care programs any providers and suppliers convicted of any of the following:
● Medicare fraud, as well as any other offenses related to the delivery of items or
services under Medicare
● Patient abuse or neglect
● Felony convictions for other health care-related fraud, theft, or other
financial misconduct
● Felony convictions for unlawful manufacture, distribution, prescription, or dispensing
of controlled substances
OIG also has discretion to impose permissive exclusions on other grounds, including:
● Misdemeanor convictions related to health care fraud other than Medicare or
Medicaid fraud, or misdemeanor convictions in connection with the unlawful
manufacture, distribution, prescription, or dispensing of controlled substances
● Suspension, revocation, or surrender of a license to provide health care for
reasons bearing on professional competence, professional performance, or
financial integrity
● Provision of unnecessary or substandard services; submission of false or fraudulent
claims to a Federal health care program
● Engaging in unlawful kickback arrangements
● Defaulting on health education loan or scholarship obligations
Excluded providers may not participate in Federal health care programs for a designated
period. An excluded provider may not bill Federal health care programs (including, but
not limited to, Medicare, Medicaid, and State Children’s Health Insurance Program
[SCHIP]) for services he or she orders or performs. Additionally, an employer or a group
practice may not bill for an excluded provider’s services. At the end of an exclusion period,
an excluded provider must seek reinstatement; reinstatement is not automatic. The OIG
maintains a list of excluded parties called the List of Excluded Individuals/Entities (LEIE).
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Statute Reference
Civil FCA https://www.gpo.gov/fdsys/pkg/USCODE-
31 United States Code (U.S.C.) 2015-title31/pdf/USCODE-2015-title31-
Sections 3729-3733 subtitleIII-chap37-subchapIII.pdf
Civil Monetary Penalties
Inflation Adjustment
https://www.gpo.gov/fdsys/pkg/FR-2016-
06-30/pdf/2016-15528.pdf
Criminal FCA https://www.gpo.gov/fdsys/pkg/USCODE-
18 U.S.C. Section 287 2015-title18/pdf/USCODE-2015-title18-
partI-chap15-sec287.pdf
AKS https://www.gpo.gov/fdsys/pkg/USCODE-
42 U.S.C. 1320a-7b(b) 2015-title42/pdf/USCODE-2015-title42-
chap7-subchapXI-partA-sec1320a-7b.pdf
Regulatory Safe Harbors https://www.gpo.gov/fdsys/pkg/CFR-2015-
42 Code of Federal Regulations (CFR) title42-vol5/pdf/CFR-2015-title42-vol5-
Section 1001.952 sec1001-952.pdf
Physician Self-Referral Law https://www.gpo.gov/fdsys/pkg/USCODE-
42 U.S.C. Section 1395nn 2015-title42/pdf/USCODE-2015-title42-
chap7-subchapXVIII-partE-sec1395nn.pdf
Criminal Health Care Fraud https://www.gpo.gov/fdsys/pkg/USCODE-
18 U.S.C. Section 1347 2015-title18/pdf/USCODE-2015-title18-
partI-chap63-sec1347.pdf
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Statute Reference
Exclusion https://www.gpo.gov/fdsys/pkg/USCODE-
42 U.S.C. Section 1320a-7 2015-title42/pdf/USCODE-2015-title42-
chap7-subchapXI-partA-sec1320a-7.pdf
Civil Monetary Penalties Law https://www.gpo.gov/fdsys/pkg/USCODE-
42 U.S.C. Section 1320a-7a 2015-title42/pdf/USCODE-2015-title42-
chap7-subchapXI-partA-sec1320a-7a.pdf
Adjustment of Civil Monetary Penalties
for Inflation
https://www.gpo.gov/fdsys/pkg/FR-2016-
09-06/pdf/2016-18680.pdf
To support its efforts to prevent, detect, and investigate potential Medicare fraud and
abuse, CMS also contracts with an array of contractors listed in Table 2.
Table 2. Contractors Who Support Efforts to Prevent, Detect, and Investigate Fraud
and Abuse
Contractor Role
Comprehensive Error Rate Testing Help calculate the Medicare
(CERT) Contractors Fee-For-Service (FFS) improper payment
rate by reviewing claims to determine if
they were paid properly
Medicare Administrative Process claims and enroll providers
Contractors (MACs) and suppliers
Medicare Drug Integrity Monitor fraud, waste, and abuse in the
Contractors (MEDICs) Medicare Parts C and D Programs
Recovery Audit Program Reduce improper payments by detecting
Recovery Auditors and collecting overpayments and
identifying underpayments
Zone Program Integrity Investigate potential fraud, waste, and
Contractors (ZPICs) abuse for Medicare Parts A and B;
Formerly called Program Safeguard Durable Medical Equipment Prosthetics,
Contractors (PSCs) Orthotics, and Supplies; and Home Health
and Hospice
Unified Program Integrity Will operate under restructured/consolidated
Contractor (UPIC) Medicare and Medicaid Program Integrity
audit and investigation work
(Not yet implemented)
Within CMS, the Center for Program Integrity (CPI) promotes the integrity of Medicare
through audits, policy reviews, and identifying and monitoring program vulnerabilities.
CPI oversees CMS’ collaborative interactions with key stakeholders on program integrity
issues related to the detecting, deterring, monitoring, and combating fraud and abuse.
Visit the CMS Blog for the latest CPI news.
In 2010, HHS and CMS launched an ambitious national effort to obstruct criminals at
every step in the act of committing fraud. The Fraud Prevention System (FPS) is the
state-of-the-art predictive analytics technology that runs predictive algorithms and other
analytics nationwide on all Medicare FFS claims prior to payment. For the first time in
Medicare history, CMS systematically applies advanced analytics to the Medicare FFS
claims on a streaming, nationwide basis.
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In 2012, CMS created the Program Integrity Command Center to bring together Medicare
and Medicaid officials, clinicians, policy experts, CMS fraud investigators, and the law
enforcement community, including the OIG and FBI. The Command Center gathers
these experts to develop and improve intricate predictive analytics that identify fraud and
mobilize a rapid fraud response. CMS uses this technology to connect instantly with its
field offices and evaluate fraud allegations through real-time investigations. Previously,
finding substantiating evidence of a fraud allegation took days or weeks; now it takes
mere hours.
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If you prefer to submit your complaint anonymously to the OIG Hotline, the OIG record
systems will contain no information that could trace the complaint to you. However, lack
of contact information may prevent OIG’s comprehensive review of the complaint, so the
OIG encourages you to provide contact information for possible follow-up.
Medicare and Medicaid beneficiaries can learn more about protecting themselves and
spotting fraud by contacting their local Senior Medicare Patrol (SMP) program.
For questions about Medicare billing procedures, billing errors, or questionable billing
practices, contact your MAC. For MAC contact information, including toll-free telephone
numbers, visit the Review Contractor Directory – Interactive Map.
Resources
For more information about the OIG and fraud, visit the OIG website. For more information
regarding preventing, detecting, and reporting fraud and abuse, as well as other Medicare
information, refer to the resources listed below in Table 4. Table 5 includes the complete
URL for all embedded hyperlinks in this booklet.
Table 4. Fraud and Abuse Resources
Resource Website
HHS http://www.hhs.gov
CMS https://www.cms.gov
HEAT Task Force https://www.stopmedicarefraud.gov/about
fraud/heattaskforce
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Resource Website
OIG–Fraud https://oig.hhs.gov/fraud
CMS Fraud and Abuse Products https://www.cms.gov/Outreach-and-
Education/Medicare-Learning-Network-
MLN/MLNProducts/Downloads/Fraud-
Abuse-Products.pdf
CMS Fraud Prevention Toolkit https://www.cms.gov/Outreach-and-
Education/Outreach/Partnerships/Fraud
PreventionToolkit.html
Frequently Asked Questions: Medicare https://questions.cms.gov/faq.php?id=
Fraud and Abuse 5005&rtopic=1887
“How CMS Is Fighting Fraud: Major https://www.medscape.org/viewarticle/
Program Integrity Initiatives” 764791
NOTE: To access this program, you need
to create a free account.
Medicaid Program Integrity Education https://www.cms.gov/medicare-medicaid-
coordination/fraud-prevention/medicaid-
integrity-education/edmic-landing.html
Medicaid Program Integrity: Safeguarding https://www.cms.gov/Outreach-and-
Your Medical Identity Products Education/Medicare-Learning-Network-
MLN/MLNProducts/Downloads/SafeMed-
ID-Products.pdf
“Medicare Learning Network® Electronic https://www.cms.gov/Outreach-and-
Mailing Lists: Keeping Health Care Education/Medicare-Learning-Network-
Professionals Informed” fact sheet MLN/MLNProducts/MLN-Publications-
Items/CMS1243324.html
MLN Guided Pathways: Provider Specific https://www.cms.gov/Outreach-and-
Medicare Resources Education/Medicare-Learning-Network-
MLN/MLNEdWebGuide/Downloads/
Guided_Pathways_Provider_Specific_
booklet.pdf
MLN Provider Compliance https://www.cms.gov/Outreach-and-
Education/Medicare-Learning-Network-
MLN/MLNProducts/Provider
Compliance.html
OIG Advisory Opinions https://oig.hhs.gov/compliance/
advisory-opinions
OIG Compliance 101 https://oig.hhs.gov/compliance/101
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Resource Website
OIG Email Updates https://oig.hhs.gov/contact-us
“Reducing Medicare and Medicaid Fraud https://www.medscape.org/viewarticle/
and Abuse: Protecting Practices 764496
and Patients” NOTE: To access this program, you need
to create a free account.
The “Basics of Medicare” Web-Based https://learner.mlnlms.com
Training (WBT) Series:
● Part One: History, program
overview, enrollment
● Part Two: Billing,
reimbursement, appeals
● Part Three: Claim review
programs, fraud and abuse,
outreach and education
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This educational product was current at the time it was published or uploaded onto the web. Medicare
policy changes frequently so links to the source documents have been provided within the document for
your reference.
This educational product was prepared as a service to the public and is not intended to grant rights or
impose obligations. This educational product may contain references or links to statutes, regulations, or
other policy materials. The information provided is only intended to be a general summary. It is not intended
to take the place of either the written law or regulations. We encourage readers to review the specific
statutes, regulations, and other interpretive materials for a full and accurate statement of their contents.
The Medicare Learning Network®, MLN Connects®, and MLN Matters® are registered trademarks of the
U.S. Department of Health & Human Services (HHS).
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