A former National Quality Forum Committee Safe Practices Co-Chair landed in hot water under the False Claims Act for receiving compensation to use his influence and position to influence safety practices standards. Patient safety consultant Dr. Charles Denham, will pay $1 million to settle Justice Department allegations that he violated the False Claims Act by soliciting and accepting kickbacks while he co-chaired the Safe Practices Committee 2009 and 2010, according to a Justice Department announcement. The consulting company Health Care Concepts Inc. and the research organization Texas Medical Institute of Technology, operated by Denham both also are parties to the settlement.
With physicians and other health care organizations increasingly stepping up involvement in credentialing organizations and government advisory and other task forces, the enforcement action highlights another area where health care organizations and their people need to be careful to avoid violations of the False Claims Act or other laws. The settlement illustrates both the need for health care providers participating in HHS or other government advisory or other consulting roles to carefully evaluate their compensation and other arrangements for illegal remuneration or other prohibited elements in light of the continuing emphasis on and success of the Departments of Health & Human Services (HHS) and Justice in investigating and prosecuting arrangements they view as health care fraud under the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative announced in 2009.
The charges against Denham resolved by the settlement stem from payments he and his companies received while he co-chaired the Safe Practices Committee. The Safe Practices Committee reviews, endorses and recommends standardized healthcare performance measures and practices. The settlement resolves allegations that, under agreements entered into in 2008, Denham received monthly payments from CareFusion Corporation while serving as the co-chair of the Safe Practices Committee. The Justice Department charged that Denham did not disclose to the committee, or any other individual or component of the National Quality Forum, that he was receiving payments from CareFusion while co-chairing the Committee and that Denham solicited and received these payments in exchange for influencing the recommendations of the National Quality Forum and for recommending, promoting and/or arranging for the purchase of CareFusion’s product, ChloraPrep, in violation of the Federal Anti-Kickback Statute. The United States alleged that this conduct caused the submission of false or fraudulent claims for ChloraPrep to federal health care programs.
In addition to paying $1 million to the United States, Dr. Denham and his two businesses will be excluded from Medicare, Medicaid and all federal health programs as part of the settlement.
The settlement highlights another example of the widespread success HHS, the Justice Department and other agencies participating in the HEAT initiative in using the False Claims Act against doctors, hospitals and other health care providers and organizations. Since January 2009, the Justice Department reports recovery of more than $23.8 billion through False Claims Act cases, with more than $15.2 billion of that amount recovered in cases involving fraud against federal health care programs. With HHS and the Justice Department claiming it recovers an average return of $8 for each $1 invested in health care fraud enforcement, the enforcement initiative is a key player in Federal efforts to control and reduce federal health care expenditures. The Obama Administration tout the success of these efforts to fuel Congressional and public support for continuation and expansion of these and other health care fraud enforcement efforts by HHS, the Justice Department and other agencies.
“Kickback schemes undermine the integrity of medical decisions, subvert the health marketplace and waste taxpayer dollars,” said Acting Assistant Attorney General Benjamin C. Mizer of the Justice Department’s Civil Division. “Doctors and other health care professionals who accept illegal inducements undermine the public’s trust in federal health care programs and will continue to be the focus of our enforcement efforts
Given the success of the programs and the HEAT agencies commitment to continuing their heavy-handed enforcement efforts, physicians, hospitals, skilled nursing, home health, durable medical equipment, and other health care providers and their leaders should stay ever diligent in their efforts to maintain compliance and other necessary defenses in anticipation of government scrutiny of their operations and activities. As part of these efforts, health care providers and organizations serving on advisory task forces or committees to government agencies or to credentialing or standard settling organizations that provide input on regulatory, standard setting or other activities need to use special care to ensure that any potential conflicts of interest are properly identified and disclosed and that the arrangements otherwise are structured and conducted to avoid violations of both the Anti-Kickback and other health care fraud laws and lobbying, conflict of interest and other laws, regulations and policies applicable to those activities.
For More Information Or Assistance
If you need assistance reviewing or responding to these or other health care related risk management, compliance, enforcement or management concerns, the author of this update, attorney Cynthia Marcotte Stamer, may be able to help. Vice President of the North Texas Health Care Compliance Professionals Association, Past Chair of the ABA Health Law Section Managed Care & Insurance Section, Board Certified in Labor & Employment Law, and the former Board Compliance Chair of the National Kidney Foundation of North Texas, Ms. Stamer has more than 26 years experience advising health industry clients about these and other matters. Her experience includes advising hospitals, nursing home, home health, rehabilitation and other health care providers and health industry clients to establish and administer compliance and risk management policies; prevent, conduct and investigate, and respond to peer review and other quality concerns; and to respond to Board of Medicine, Department of Aging & Disability, Drug Enforcement Agency, OCR Privacy and Civil Rights, Department of Labor, IRS, HHS, DOD and other health care industry investigation, enforcement and other compliance, public policy, regulatory, staffing, and other operations and risk management concerns. The scribe for the American Bar Association (ABA) Joint Committee on Employee Benefits annual agency meeting with the Department of Health & Human Services Office of Civil Rights, Ms. Stamer has worked extensively with health care providers, health plans, health care clearinghouses, their business associates, employers, banks and other financial institutions, and others on risk management and compliance with HIPAA and other information privacy and data security rules, investigating and responding to known or suspected breaches, defending investigations or other actions by plaintiffs, OCR and other federal or state agencies, reporting known or suspected violations, business associate and other contracting, commenting or obtaining other clarification of guidance, training and enforcement, and a host of other related concerns. Her clients include public and private health care providers, health insurers, health plans, technology and other vendors, and others. In addition to representing and advising these organizations, she also has conducted training on Privacy & The Pandemic for the Association of State & Territorial Health Plans, as well as HIPAA, FACTA, PCI, medical confidentiality, insurance confidentiality and other privacy and data security compliance and risk management for Los Angeles County Health Department, ISSA, HIMMS, the ABA, SHRM, schools, medical societies, government and private health care and health plan organizations, their business associates, trade associations and others.
A popular lecturer and widely published author on health industry concerns, Ms. Stamer continuously advises health industry clients about compliance and internal controls, workforce and medical staff performance, quality, governance, reimbursement, and other risk management and operational matters. Ms. Stamer also publishes and speaks extensively on health and managed care industry regulatory, staffing and human resources, compensation and benefits, technology, public policy, reimbursement and other operations and risk management concerns. Her insights on these and other related matters appear in the Health Care Compliance Association, Atlantic Information Service, Bureau of National Affairs, The Wall Street Journal, Business Insurance, the Dallas Morning News, Modern Health Care, Managed Healthcare, Health Leaders, and a many other national and local publications. You can get more information about her health industry experience here. If you need assistance responding to concerns about the matters discussed in this publication or other health care concerns, wish to obtain information about arranging for training or presentations by Ms. Stamer, wish to suggest a topic for a future program or update, or wish to request other information or materials, please contact Ms. Stamer via telephone at (214) 452-8297 or via e-mail here.
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Other Helpful Resources & Other Information
We hope that this information is useful to you. If you found these updates of interest, you also be interested in one or more of the following other recent articles published on the Coalition for Responsible Health Care Reform electronic publication available here, our electronic Solutions Law Press Health Care Update publication available here, or our HR & Benefits Update electronic publication available here. You also can get access to information about how you can arrange for training on “Building Your Family’s Health Care Toolkit,” using the “PlayForLife” resources to organize low-cost wellness programs in your workplace, school, church or other communities, and other process improvement, compliance and other training and other resources for health care providers, employers, health plans, community leaders and others here. If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information – including your preferred e-mail by creating or updating your profile here. You can reach other recent updates and other informative publications and resources.
Examples of some of these recent health care related publications include:
If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information – including your preferred e-mail – by creating or updating your profile here. For important information concerning this communication click here.THE FOLLOWING DISCLAIMER IS INCLUDED TO COMPLY WITH AND IN RESPONSE TO U.S. TREASURY DEPARTMENT CIRCULAR 230 REGULATIONS. ANY STATEMENTS CONTAINED HEREIN ARE NOT INTENDED OR WRITTEN BY THE WRITER TO BE USED, AND NOTHING CONTAINED HEREIN CAN BE USED BY YOU OR ANY OTHER PERSON, FOR THE PURPOSE OF (1) AVOIDING PENALTIES THAT MAY BE IMPOSED UNDER FEDERAL TAX LAW, OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED TRANSACTION OR MATTER ADDRESSED HEREIN.
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