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BHA-FPX4006 Assessment 1: Compliance Program Implementation and Ethical Decision Making

Health care managers and leaders are must be familiar with laws, regulations, and the associated organizational policies and procedures that reinforce compliance. Fraud and abuse are just one example of a critical compliance area in health care administration (Stowell et al., 2020). While the issue of fraud and abuse is a complicated statutory theme, the government has availed enough resources to enhance comprehension of laws, regulations, and steps to take when suspected or actual incidents occur. The essay aims to write a workplace brief of evidence-based recommendations to identify and address upcoding, an incorrect health care billing practice. It will include a description of the major categories of health care fraud and abuse and the laws designed to address the

Major Categories of Health Care Fraud and Abuse

Category of Health Care Fraud and Abuse

Description of Category and Example from Authoritative Source*

Billing for services not rendered.

 

Audit and overpayment recoupment refer to billing for services not rendered, which comprise an overpayment that becomes debt providers owe to the federal government. It is an act of fraud punishable by law (Hoover et al., 2020)

 

 

Use of unlicensed staff

Unlicensed staff or personnel refers to a person other than a physical therapist or physical therapist assistant who performs patient-related tasks consistent with the unlicensed personnel’s education, training, and expertise under the direct on−premises supervision of the physical therapist (Borson, 2022). Therefore, practicing without a license is the Act of working without the licensure offered for that profession in a particular jurisdiction. It is against the law to practice or use unlicensed personnel to undertake activities that require licensure. Such actions are retrogressive to the law and hence have penalties for practicing without a valid license.

 

Altering medical records.

 

Changing medical data implies tampering with the evidence. Such proof will destroy the defendant’s integrity before a jury and leave the strong impression that they are trying to conceal the truth. Evidence showing that a record has been altered can force the settlement of an otherwise defensible case (Elsayed, 2020).

 Drug diversion

 

Drug diversion is the criminal dissemination or abuse of prescription drugs or their use for purposes not intended by the prescriber. Prescription drug diversion may occur as prescription drugs are distributed from the manufacturer to wholesale distributors, pharmacies, or the patient (Ford & Grape, 2019)

Kickbacks and bribery.

 

A bribe is an Act or practice of giving or receiving something of value to corruptly influence the actions of another, most commonly to influence a contract award or the execution of a contract (Ford & Grape, 2019). On the other hand, a kickback is a bribe paid incrementally by the contractor as it is paid, usually an agreed percentage of the contract. In the health care setting, for example, when a physician or medical provider uses any payment or compensation to encourage a patient to come to their office or to promote another medical provider to refer patients to their office or facility.

Billing Practice Known as Upcoding

 

Upcoding is a category of fraud where healthcare providers submit incorrect billing codes to insurance institutions to receive inflated reimbursements. The most substantial impact of Upcoding is the increased cost to health payers—which they extrapolate on to consumers (Milcent, 2021). When government payers end up paying excessive money for health care, this is reflected in taxes and governments’ budgets.

 

Five Health Care Fraud and Abuse Laws

Number

Health Care Fraud and Abuse Law

Description of Law

Rationale:  How Does This Law Apply to Health Care?

1.


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