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These are collections of articles and cases with issues surrounding out
of control fraud prosecutions and other medical convictions:
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Government's Fraudulent Use
of Fraud Laws, by
Michael Arnold Glueck, M.D., and
Robert J. Cihak, M.D. March 4, 2004
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Opinion: The real crime here is the
government's justice system's complicity with a federal prosecutorial
zealousness gotten way out of hand, including the prosecutor allowing a
government employee and witness, to lie to the court under oath.
more
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U.S. vs. Krizek
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U.S. vs
Sells Dr Sells in in prison without a trial
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U.S.
vs Hurwitz
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U.S. v. Moon
- NY State vs Francey
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Autopsy of
a Prosecution Increasingly, physicians with low-volume practices
face imprisonment for carelessness and application of ambiguous legal
rules-these assertions and promises notwithstanding. Private physicians
are being sought as scapegoats for the growing financial problems inherent
in the Medicare and Medicaid systems. Andrew
Schlafly, AAPS General Counsel
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Reflections on Being Tried for Murder
Fraud Net Catches the Innocent
- In 1996, Congress made it a crime to make a mistake,
criminalizing clerical billing errors made by Medicare providers. As a
result, many capable and honest doctors have been victimized by government
prosecutors. Yes, criminals have been caught, but
at least as many honest doctors have been driven from practice, forced
into early retirement, financially ruined or even jailed because of
"overzealous" prosecution.
more
Feds Harass Doctors. Who's Next?
And some doctors have been, literally, "under the gun"
when government agents break down their office doors to investigate such
heinous crimes as using a form of Vitamin B12 that didn't meet the
government's idea of what a "good vitamin" should be, as happened in the
case of Dr. Jonathan Wright in Washington state.
more |
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CRIMINAL PROSECUTIONS
FOR MEDICARE AND MEDICAID FRAUD, by presented by Mark Bennet of Bennet &
Dillon, LLP.
- Having served as a prosecutor for several years during
my early practice, I acquired some ability in the field of criminal law
that I did not care to just discard upon leaving the prosecutor's office,
so although the majority of my practice now consists of a civil practice,
I also maintain some criminal practice, which consists mainly of the
defense of "white collar crimes." In the course of that criminal practice,
I have observed a trend with regard to the filing of criminal cases,
particularly cases filed by the United States Attorney's Office. It seems
that with each administration, there are prosecutions of choice, that is,
prosecutions of particular types of crimes that are near and dear to the
hearts of Congress and the particular administration in office. At one
point in time, drugs and drug offenders got the most attention from the
authorities, then it was banking and savings and loan violations. Now,
some of my friends in the various U.S. Attorney's offices tell me that one
of the prosecutions of choice is fraud relating to the provision of
medical services. This trend has also been noticed by others. One
authority in the field, David S. Nalveen, has observed that "The federal
government is aggressively prosecuting fraud and abuse by health care
providers for the same reason that Willie Sutton robbed banks:
That's where the money is."
More
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Federal Fraud Enforcement and Physician Compliance
These resources provide a brief overview of the fraud
enforcement climate facing physicians who provide care for
patients who are insured through federal health benefits
programs. The document also provides the basic structure that
physicians and others may follow for establishing a compliance
program that can be incorporated into their practices.
Establishing and maintaining a compliance plan will help
physicians in avoiding activities that could be attacked under
the fraud and abuse laws and by ensuring that their claims
cannot be categorized as being fraudulently submitted.
AMA legal issues - compliance issues - Overview
of Medicare fraud and abuse enforcement and compliance.
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Criminalization of Medicine by Grace-Marie Turner
- Waste, fraud, and abuse in federal health care
programs are serious problems, but so are the federal government's
efforts to combat them. There are egregious cases of fraud, and those
engaged in these criminal activities should be stopped and prosecuted.
But an expanding dragnet for "health care criminals" is threatening and
intimidating innocent doctors as well. It is creating an unhealthy
climate of fear and defensiveness that is having an adverse impact on
the medical profession.
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Grace-Marie Turner is president of The
Galen Institute, located in Alexandria,
Virginia, a free market, public policy research organization founded
in 1995 to promote education on health and tax policy issues. She is
the editor of Empowering Health Care
Consumers through Tax Reform.
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Criminal Procedures
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Reason magazine -- May 1998
- Medical Convictions
How prosecutors are charging doctors with criminal malpractice--and why patients
should be very scared. By Mark Crane
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