The Employment Law Group® Managing Principal R. Scott Oswald Quoted in Medical Practice Compliance Alert Regarding Illegal Medicare Kickbacks

R. Scott Oswald, Managing Principal of The Employment Law Group® law firm, was quoted in Medical Practice Compliance Alert, a biweekly newsletter aimed at assisting physicians with Medicare compliance so they do not run afoul of the Medicare rules and regulations, leading to charges of abuse or even fraud.

Responding to questions regarding a whistleblower lawsuit alleging that United Healthcare and its subsidiary, AmeriChoice New Jersey, provided illegal kickbacks in violation of the False Claims Act, Mr. Oswald explained that such activity is “not an isolated incident” and that Medicare is aware of it.

The article noted that accepting money as an incentive to enroll patients in Medicare-managed care plans may constitute a violation of the anti-kickback portions of the False Claims Act, even though a physician hasn’t directly billed Medicare.

In the publication, Mr. Oswald recommends that medical practices refuse to accept inducements if approached by a private payer representative, because “even small [payments] are a violation.”

The article, entitled “Beware of Private Payers That Offer Deals Too Good to Be True – Result Could Be Fraud”, appeared in the October 3, 2011 edition of the newsletter.

For more information or to subscribe to Medical Practice Compliance Alert, visit www.decisionhealth.com/mca.

Tagged: False Claims Act (FCA), Whistleblower Laws (Federal)