The Healthcare Fraud Prevention Partnership (HFPP) has released its latest white paper, “Exploring Fraud, Waste, and Abuse Within Telehealth (PDF)," in response to the evolving fraud, waste, and abuse associated with the delivery of care conducted through telehealth services. This resource was developed in collaboration with Stanford University School of Medicine and includes direct input from HFPP Partners – representing federal and state agencies, private payers, law enforcement organizations, and healthcare anti-fraud associations.

The white paper provides background on the use of telehealth services prior to and during the COVID-19 Public Health Emergency, along with descriptions of newly developed and repurposed fraud schemes related to telehealth, including: billing for medically unnecessary services, upcoding, improbable days, and miscoding virtual COVID-19 related care.

Additionally, HFPP Partners, industry experts, and researchers offer numerous strategies and lessons learned to help readers anticipate potential telehealth fraud and mitigate vulnerabilities.

For more information, please see:

• Telehealth White Paper Information Sheet (PDF)
• More About the HFPP

CMS recognizes that it is important for stakeholders to understand how CMS anticipates performing medical review after the Public Health Emergency (PHE) has ended. Below is an FAQ that addresses how our review contractors (Medicare Administrative Contractors (MACs), Recovery Audit Contractors (RACs) and the Supplemental Medical Review Contractor (SMRC)) plan to conduct medical reviews post PHE.

Q. At the end of the Public Health Emergency (PHE) how will CMS’ review contractors conduct medical reviews for claims billed during the PHE based on approved waivers or flexibilities?

A. CMS contractors (MACs, RACs, and SMRC) review a very small percentage of Medicare Fee-for-Service claims each year. During the PHE, flexibilities were applied across claim types. For certain DME items, this included the non-enforcement of clinical indications for coverage. Since clinical indications for coverage were not enforced for certain DME items provided during the PHE, once the PHE ends CMS plans to primarily focus reviews on claims with dates of service outside of the PHE, for which clinical indications of coverage are applicable. We note that we may still review these DME items, as well as other items or services rendered during the PHE, if needed to address aberrant billing behaviors or potential fraud. The HHS-Office of the Inspector General may perform reviews as well. All claims will be reviewed using the applicable rules in place at the time for the claim dates of service.

For more information about medical reviews and the claims process, please visit the Medical Review and Education page.

On July 20, 2022, the Department of Justice announced criminal charges against 36 defendants in 13 federal districts across the United States for more than $1.2 billion in alleged fraudulent telemedicine, cardiovascular and cancer genetic testing, and durable medical equipment (DME) schemes.

The nationwide coordinated law enforcement action includes criminal charges against a telemedicine company executive, owners and executives of clinical laboratories, durable medical equipment companies, marketing organizations, and medical professionals. In connection with the enforcement action, the department seized over $8 million in cash, as well as luxury vehicles and other fraud proceeds.

Additionally, the Centers for Medicare & Medicaid Services (CMS), Center for Program Integrity (CPI) announced today that it took adverse administrative actions against 52 providers involved in similar schemes.

“The Centers for Medicare & Medicaid Services continues to aggressively investigate fraud, waste and abuse and has taken action to protect patients, critical health care resources and to prevent losses to the Medicare Trust Fund,” said CMS Administrator Chiquita Brooks-LaSure. “Work like this to combat fraud, waste, and abuse in our federal programs would not be possible without the successful partnership of CMS, the Department of Justice, and the U.S. Department of Health and Human Services Office of Inspector General.”

Read the DOJ press release.

This year the Healthcare Fraud Prevention Partnership (HFPP) is celebrating its 10th year as a leader in strengthening the nation’s fight against healthcare fraud, waste, and abuse. The HFPP is a voluntary public-private partnership that helps detect and prevent healthcare fraud through data and information sharing. Partners include federal government, state agencies, law enforcement, private health insurance plans, employer organizations, and healthcare anti-fraud associations.

The Partnership's purpose then and now is to exchange facts and information between the public and private sectors and enable the performance of sophisticated data analytics against our unique cross-payer data set to reduce the prevalence of healthcare fraud. Read the press release from when the HFPP was announced.

The HFPP has come a long way since its inception in 2012. Check out some of the key accomplishments:

• In 2012, when the HFPP was formed, it consisted of 21 Partners. Driven by the importance and value of the HFPP’s mission, membership has grown over the last 10 years by over 250 members.
• The HFPP first began with professional claim types only, then expanded in 2019 to include institutional; in 2021, pharmacy claims were added for more comprehensive analytic insights.
• Starting initially with original claims data, the Partnership is now conducting its analysis against adjusted claims to detect industry-wide fraud schemes more precisely.

Over the next decade and beyond, the HFPP looks forward to continuing its work with Partners to enhance fraud-fighting efforts through innovative initiatives, enhanced study analytics, enriched infrastructure, expanded engagement, increased membership, and strengthened strategic partnerships.

Learn more about the Partnership.