24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

Phantom Billing Schemes and Healthcare Fraud Enforcement

March 21, 2024 Uncategorized

Phantom Billing Schemes and Healthcare Fraud Enforcement

Healthcare fraud is a big problem that costs taxpayers lots of money every year. One common type of healthcare fraud is called “phantom billing.” Phantom billing happens when a doctor or hospital bills for services that were never actually provided to patients. This article will explain what phantom billing is, why it happens, and what is being done to stop it.

What is Phantom Billing?

Phantom billing means a healthcare provider bills an insurance company for medical services that were never actually given to the patient. For example, a doctor might bill for an office visit on a day when the patient didn’t even come in. Or a hospital might charge for expensive tests or procedures that never took place. This is obviously fraud because the provider is lying and trying to get paid for work they didn’t do.

Some common phantom billing schemes include:

  • Billing for services not performed – A doctor bills for an x-ray the patient didn’t get
  • Billing for more expensive services – A hospital bills for a complex surgery when only a simple one was done
  • Billing for unnecessary services – A provider does extra tests just to charge more money
  • Billing for services already covered – A provider bills both the patient and insurance for the same thing

Providers commit phantom billing fraud because it allows them to make more money dishonestly. Healthcare fraud costs taxpayers billions of dollars per year.

Why Does Phantom Billing Happen?

There are a few reasons why healthcare providers sometimes commit phantom billing fraud:

  • Greed – Some providers just want to make extra money any way they can.
  • High Costs – Doctors and hospitals have very high costs to run their practices. Some commit fraud to cover these costs.
  • Overbilling Culture – In some practices, phantom billing is seen as a normal way to get higher payments from insurers.
  • Lack of Oversight – Healthcare billing can be complex. When insurers don’t carefully review bills, it enables fraud.
  • Desperation – Struggling providers may turn to fraud to avoid closing down.

While these reasons explain why phantom billing happens, they don’t excuse it. Intentionally billing for services never provided is unethical and illegal.

How Phantom Billing Fraud Works

Phantom billing schemes take advantage of the complex healthcare payment system. Here are some of the ways providers carry out phantom billing fraud:

  • Billing for made-up patients – Providers invent fake patients and bill for services provided to them.
  • Billing for deceased patients – Providers bill for appointments, tests, etc. for patients who have died.
  • Billing for no-shows – Providers charge for appointments even when patients don’t show up.
  • Billing for unnecessary services – Doctors perform and charge for excessive tests and procedures not medically needed.
  • Billing for services not performed – Providers charge for medical services the patient never received.
  • Double billing – Providers bill both the insurer and patient for the same services.

Providers often use clever tricks to avoid getting caught. They may change billing codes or spread the false charges across multiple patients and insurers. This makes the fraud harder to detect.

How Investigators Catch Phantom Billing

Government agencies and insurers are getting better at uncovering phantom billing schemes. Here are some of the ways they catch healthcare fraudsters:

  • Data analysis – Computer programs analyze billing data to spot unusual patterns that may indicate fraud.
  • Patient interviews – Investigators follow up with patients to verify they received the billed services.
  • Medical chart audits – Investigators review patient medical charts to confirm the billed treatment was performed.
  • Undercover operations – Agents get hired at suspect providers to secretly collect evidence of fraud.
  • Whistleblowers – Employees who witness fraud report it and assist investigations.

Once investigators uncover phantom billing, they build strong cases by gathering evidence like patient records, surveillance footage, and witness testimony. Healthcare fraudsters often face heavy fines, prison time, and exclusion from Medicare.

Major Healthcare Fraud Busts

Here are some notable recent cases where providers got caught phantom billing:

  • In 2019, DOctors Hospital in Ohio paid $14.25 million in fines for billing for unwarranted admissions and exaggerated patient severity.
  • In 2021, Dr. Richard Ferdinand in Louisiana was sentenced to 5 years in prison for $30 million in false billings after Hurricane Katrina.
  • In 2020, South Florida doctors were charged with using homeless people’s IDs to submit $1.4 billion in fake billings.

These huge busts show that phantom billing fraud can go on for years before being uncovered. But authorities are getting better at revealing these illegal schemes.

Punishments for Phantom Billing

Providers caught phantom billing face serious civil and criminal penalties. These may include:

  • False Claims Act – Triple damages plus fines of $11,000 – $22,000 per false claim.
  • Civil monetary penalties – Fines of $5,000 – $50,000 per fraudulent item or service billed.
  • Criminal fines – Up to $250,000 per count for individuals, higher for organizations.
  • Exclusion from federal healthcare programs – Being banned from billing Medicare/Medicaid.
  • Imprisonment – Up to 10 years in prison for major frauds.

In addition to fines and jail time, those convicted of phantom billing will often have to repay all of the improper payments. These penalties can total millions of dollars.

New Tools to Fight Phantom Billing

Government agencies are rolling out advanced new technologies to better detect and prevent healthcare fraud schemes like phantom billing:

  • Predictive analytics – Sophisticated computers comb through claim data looking for anomalies.
  • Artificial intelligence – AI systems learn to identify signs of fraudulent billing patterns.
  • Big data platforms – Integrated data hubs combine Medicare/Medicaid information to spot fraud.
  • Coordinated investigations – Task forces allow different agencies to collaborate on fraud cases.

Authorities hope these innovations will enable more phantom billing schemes to be caught early before they spiral out of control.

How to Report Suspected Phantom Billing

If you suspect a healthcare provider has billed for services you didn’t get, there are a few ways to report it:

  • Contact your insurance company – They can investigate suspicious bills from providers.
  • Medicare fraud hotline – Call 1-800-MEDICARE to report Medicare fraud.
  • HHS OIG hotline – Report Medicaid fraud at https://oig.hhs.gov
  • DOJ fraud section – Submit a complaint at https://www.justice.gov

The more people who report suspected phantom billing, the more likely it is providers engaging in fraud will get caught. So speak up if you think a provider has billed for services you didn’t receive.

How to Avoid Being a Victim

Patients can take certain steps to avoid getting caught up in a phantom billing scheme:

  • Review your medical bills closely for any suspicious charges
  • Notify your insurer if you spot charges for care you didn’t receive
  • Keep records of your doctor visits, tests, hospital stays, etc.
  • Choose providers carefully and watch for red flags like being pressured for unnecessary procedures
  • Do not give your Medicare ID to anyone except your own doctors or insurers

Being proactive and asking questions about any bills that seem strange can help protect against phantom billing fraud. If you gave your Medicare ID to a suspicious provider, report it right away.

The Future of Healthcare Fraud Enforcement

Government agencies have stepped up efforts to combat healthcare fraud in recent years. Some predictions for the future include:

  • More data sharing between Medicare, Medicaid, and private insurers to detect fraud
  • Increased use of analytics and AI to find anomalies and suspicious patterns
  • Greater coordination between DOJ, HHS-OIG, FBI, and other enforcement groups
  • Higher penalties and more exclusions from federal programs for offenders
  • More proactive fraud prevention beyond just reacting to cases

While phantom billing and other healthcare fraud will likely never disappear completely, enhanced enforcement and collaboration could significantly reduce these crimes and their massive costs over time.

Conclusions

Phantom billing defrauds taxpayers out of billions of dollars each year. Providers bill for services never performed out of greed, need, and opportunity. Though often hard to detect, investigators use data analysis, audits, and insider tips to uncover schemes. Getting caught brings stiff civil fines and criminal penalties. Government agencies are cracking down harder than ever on healthcare fraud through new laws, task forces, advanced analytics and improved oversight. With increased vigilance by authorities and patients, hopefully phantom billing scams can be reduced in the future.

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now