Medical Devices and Supplies

Background

In recent years, the Office of Inspector General, U.S. Department of Health and Human Services (HHS OIG) has repeatedly warned of fraudulent billing schemes related to medical devices and supplies: items such as wheelchairs, hospital beds, bandages and other wound care products, CPAP devices, and diabetic testing supplies. These schemes can result in tens or even hundreds of millions of dollars in losses to the federal government, making this a major enforcement priority in False Claims Act (FCA) litigation. Barrett Johnston Martin & Garrison, PLLC, has significant experience with such cases, and the firm is proud to have represented the whistleblower in one of the largest-ever medical supply FCA cases. That case resulted in Arriva Medical, then the nation’s largest supplier of mail-order diabetic testing supplies, paying $160 million to resolve claims of routinely waiving copays to induce patient orders. (See here for the Government’s press release).

Common Medical Device and Supply Fraud Schemes

Providers of medical devices and supplies have engaged in all manner of schemes to defraud federal health care programs. Some of the most common include:

  • Supplying beneficiaries with products they never ordered.
  • Shipping higher quantities of a product than what the beneficiary ordered.
  • Providing medical devices or supplies without proof that the beneficiary had any medical need for them.
  • Automatically refilling supplies without verifying that the beneficiary still has a need for them.

In some extreme cases, criminal organizations have stolen beneficiary data and used it to fake prescriptions and place orders for Medicare-covered products without ever communicating with the beneficiaries at all.

Medical Device Fraud and the Anti-Kickback Statute

As in the Arriva case, schemes to push customer orders and refills will also sometimes run afoul of the federal Anti-Kickback Statute. Under the Medicare Program, beneficiaries typically pay a co-pay for covered medical devices and supplies (which is often 20% of the total amount). Suppliers looking to bill the United States for items that a beneficiary never ordered or did not need may write off such co-pays to avoid the beneficiary raising complaints about the scheme. While Medicare permits co-pay waivers based on individualized showings of financial hardship, routinely writing them off constitutes an unlawful kickback and a violation of the FCA.

Medical device and supply fraud is one of the more pervasive types of healthcare fraud in the United States, and our firm has the experience and track record to assist whistleblowers in bringing these schemes to light.

Contact a Whistleblower Attorney

These descriptions of medical device and supply fraud are general in nature and do not constitute legal advice. Fraud schemes targeting federal dollars are complex and ever-evolving. The attorneys at Barrett Johnston Martin & Garrison, PLLC, understand the detailed legal requirements and details of these elaborate scams and are happy to discuss any potential matter further. If you would like more information or would like to speak to an attorney at Barrett Johnston Martin & Garrison, PLLC, please contact us for a confidential consultation.