Oversight of Home Healthcare Services Protects the Homebound and Prevents Fraud

Consider the case of the Nurses Registry and Home Health Corporation, based in Lexington, Kentucky. Owner and Executive Director Vickie House owes $16 million to the US government for perpetrating widespread home healthcare fraud throughout her agency.

Nurses Registry engaged in systematic false billing, violating the federal False Claims Act. The staff falsified medical records to make it appear as if patients had a medical need for skilled nursing or therapy services or appear as if the patients were homebound. Employees also forged physician signatures to “certify” that the patient required home care services and re-certified patients for more and more home healthcare services, billing services long after patients stopped meeting eligibility requirements.

The agency also provided tickets to events like the Kentucky Derby and Taylor Swift concerts and delivered bottles of liquor and other “enticements” to referral sources to ensure a flow of patients. This activity violated the federal Anti-Kickback Statute and the Stark Law prohibiting home healthcare agencies from billing for services referred to them by physicians with whom they have a financial relationship. Between 2005 and 2009, Medicare paid Nurses Registry more than $100 million, with a net income to the agency of $20.5 million.

Nurses Registry owners demonstrated both full intent to commit fraud and careless disregard for the truth, wasting Medicare funds, providing unnecessary medical care to some patients and perhaps denying it to others.

Medicare discovered the nefarious activity at Nurses Registry by combing variance reports for invoicing outside of the expected dollar and procedure normal volumes and drilling down for claims specific data on the individual provider.

Plus, 2 former employees—the vice president of operations and a case manager and office administrator—blew the whistle on Nurses Registry. One of my previous articles on Whistleblowing describes how blowing the whistle on fraud can be very lucrative. Under federal law, the whistleblowers in the Nurses Registry case are due 15% to 20% of the settlement proceeds or between $2.4 million and $3.2 million.

Health plans are duty bound to provide oversight on those providing home health services. Based on my previous experience as a case manager, to maintain proper oversight and avoid healthcare fraud, I suggest:

How many of these steps do you take regularly to maintain best practice in home healthcare services and avoid fraud?
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