Health 3350 Exam #3 Study guide CH 16 – Flashcards
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fraud
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Intentional act of deception
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abuse
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Improper acts that are unintentional but inconsistent with standard practices, things such as false claims, duplicate billing etc.
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DHHS
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Department of Health and Human Services, congress gave it power to investigate and enforce authority needed to deal with fraud and abuse violations
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What are the implications/penalties of violation to Criminal Disclosure Provisions of the Social Security Act?
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Made it a felony for a healthcare provider or beneficiary to possess knowledge of the occurrence of any even affecting any individual's initial or continued right to any such benefit or payment Violation is a felony and may include up to 5 years in prison and/or fines up to $25,000
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What is required under EMTALA
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MSE, a medical screening exam be given to any patient who presents to a provider of emergent of urgent care
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What are the Stark I and Stark II laws
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They prohibit physicians from referring their patients to providers in which they have financial interest
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Stark I
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is for laboratory services
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Stark II
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was adopted for other ancillary services such as paying a physician for a referral
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What are anti-kickback Statues?
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They impose criminal liabilities for the knowing and willful payment, solicitation, or receipt of remuneration in return for referring a person for, or for in return of purchasing, leasing, ordering of items or services reimbursable by the federal healthcare program. They are important because they get rid of the intent to refer patients when the physician does not have only the patients' interest in mind
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ORT
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Operation Restore Trust, started in 1995 to counter charges about fraud and abuse. ORT includes all 50 states
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the Seven Essential Elements of an Effective Compliance Program
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1- Written policies and standards of conduct 2- Designation of a compliance officer 3- Training & evaluation 4- Effective lines of communication 5- Enforcement procedures 6- Procedures for effective monitoring and auditing 7- Procedures for corrective action
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False Claims Act
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the primary civil remedy by the federal gov't for fraudulent or improper healthcare claims. Removed the requirement that their be specific intent to defraud the federal gov't. Gov't need only to show that the claim submitted is false.
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Qui tam
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It is under the false claim act, it allows a person not in the gov't to bring a suit of past or present fraud on the gov't behalf