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Minnesota - Next Somalia ?
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Fraud - Extenze - What to reconsider Before Buying?
Good morning. Now, I found out about Fraud - Extenze - What to reconsider Before Buying?. Which may be very helpful if you ask me and you. Extenze - What to reconsider Before Buying?Now if you are about to order Extenze, I have some basic questions to ask you that you must ask yourself in order to be safe from spending on it. Here are few things that you must reconsider before production any Extenze purchase.
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Have you taken any other Male Enhancement stock before?
If you have been taking any stock earlier than you must reconsider few important things like the basic ask that you must ask yourself that why are you switching over to Extenze? It may be because of the ineffective results of the earlier stock and if it so then you have to check the ingredients of that one and Extenze to and then make a comparison of both in order to think that if it contains the same ingredients than it would not help my cause to be fulfilled. The switch may be because of any of the allergic reaction. If the conjecture of the switching is allergic reaction with the earlier enhancement stock then still you have to make a study that whether it contains the same kind of reaction or not.
Why are you planning to use Extenze?
The conjecture must be carefully before ordering it. It includes the main points like why you are using the product. It may be because of the benefits like erection, enlargement, correction and sustenance, ejaculatory control, etc.
Do you have any medical problems?
It I very important notice while ordering Extenze. It may be the case that you are facing any kind of persisting condition problems, and you are taking medication for that then the Extenze is for real not for you. It is an herbal stock and can not work along with any kind of medication that is of medicine to the persisting condition problems. The Extenze can cause side effects too if not been take cared of. The patients with blood pressure problems, diabetes mellitus and heart conditions must not prefer Extenze because it can cause some complications in these people.
Are you pricing conscious?
The prices of the Extenze must be cared of as it varies from time to time. This strategy will help you lot in order to design some benchmarks, shop around, see who offers the best deal (for genuine Extenze, that is), before production a purchase.
Are you finding for fast gains?
The fast increase is not potential with Extenze so if you are reasoning like it will help you to overcome the linked qoute overnight then Extenze is not right for you. It will take some time to give the effective results that you expect from it.
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Fraud - Unreported earnings - Irs Civil Tax Fraud and Criminal Tax Evasion
Good evening. Now, I found out about Fraud - Unreported earnings - Irs Civil Tax Fraud and Criminal Tax Evasion. Which is very helpful in my opinion so you. Unreported earnings - Irs Civil Tax Fraud and Criminal Tax EvasionThe Irs will often pursue a Taxpayer first, on criminal tax evasion, and then, civil tax fraud (otherwise, the taxpayer could assert, while the civil investigation, his Fifth Amendment privilege against self incrimination). If the Irs pursues civil tax fraud first and wins, they may gather civil penalties, tax and gather discovery information, and then pursue criminal proceedings (and use the civil file to prosecute).
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Civil Tax Fraud, and Criminal Tax Evasion cases have different:
I. Burdens of Proof
Ii. Statutes of Limitations (Unreported Income)
Iii. Penalties
Iv. Collateral Estoppel (Civil/Criminal Issues)
I. Burdens of Proof (Evidentiary Standard)
a. Civil Tax Fraud: "Clear and Convincing Evidence" (a.k.a. Preponderance of the Evidence)
b. Criminal Tax Evasion: "Beyond a inexpensive Doubt" (Higher Standard)
Ii. Statutes of Limitations
a. Civil Tax Fraud: No statute of limitations (tax can be assessed at any time).
b. Criminal Tax Fraud (Evasion): The criminal statute of limitations is only on the prosecution of the crime i.e. Tax evasion (not the appraisal of tax owed).
Generally, 3 years after the offense is committed.
Six (6) years for specified offenses (including: unreported income) (Irc §6531)
Under Federal Criminal Code (Title 18 U.S.C.A.) 5 years after the commission of a crime.
The statute begins to run when the last of the acts constituting the tax evasion is committed.
Iii. Penalties (Unreported Income)
(a) Civil Tax Fraud
(1) Fraudulent Failure to File Tax Return (Irc §6651(f))
15% of net amount of tax due for each month, (up to a maximum of 5 months), for a maximum penalty of 75% (of unpaid tax) (Irc §6651(f)). This is the only penalty imposed for failure to file.
(2) Fraudulent Tax Return (Unreported Income) (Irc §6663(d))
If any part of an underpayment of tax (required to be shown on a tax return) is due to fraud, a penalty equal to 75% of the quantum of the underpayment.
(3) Accuracy - connected Penalty (Irc §6662(b)(1)-(5))
A penalty at a flat rate of 20% on quantum of underpayment of tax. The fraud penalty and accuracy-related penalty apply only for filed tax returns.
(4) Spousal Liability (Irc §6663(c))
For a joint tax return, both spouses are field to joint and any liability for the entire tax liability. The civil fraud penalty applies only to the spouse responsible for the underpayment that is attributable to fraud.
(5) Failure to Pay Tax The penalty applies to the amount of unpaid tax due:
Unpaid tax shown as due on a tax return (Irc §6651(a)(2))
½ percent (of unpaid tax) for each month, up to a maximum of 25% (of unpaid tax)
Unpaid tax not shown as due on a return (i.e., unreported income (Irc §6651(a)(3))
½ percent (of unpaid tax) for each month up to a maximum of 25% (of unpaid tax)
Offsetting Penalties (Irc §6651(c)(1))
If taxpayer is liable for more than one of the delinquency penalties with respect to any tax return, the amount of the penalty for failure to file, is reduced by the amount of the penalty for failure to pay (the amount shown on a return for any month for which both penalties apply )
There is no offset for the penalty for failure to pay tax (Irc §6651(a)(3)) not shown as due on a return (i.e., unreported income).
No credit is allowed against the civil fraud penalty for any criminal fines paid for income tax evasion and conspiracy to defraud the U.S.
(b) Criminal Tax Evasion (Unreported Income) (1) Irc §7201:
Criminal penalty for willful endeavor by any man to evade or defeat any tax or the payment of any tax.
Conviction, punishable:
Fine: 0,000 (individual) 0,000 (corporation)
Imprisonment: Not more than 5 years (or both fine and imprisonment)
(2) Irc §7203: Criminal Failure to File or Pay Taxes
Willful failure to pay tax, file a return, keep required records, or provide required information
Fine: ,000 (individual) 0,000 (corporation)
Imprisonment: Up to one year (or both fine and imprisonment)
Iv. Collateral Estoppel:
When criminal proceedings are followed by civil proceedings, the legal doctrine of collateral estoppel may apply. This doctrine provides that an issue necessarily decided in a old proceeding (the 1st proceeding) will settle the issue in a subsequent proceeding (the 2nd proceeding), but only as to matters in the 2nd proceeding that were as a matter of fact presented and considered in the 1st proceeding.
a. Conviction for criminal tax evasion collaterally estops the taxpayer from contesting the existence of fraud for purposes of the civil fraud penalty because a finding of criminal fraud (beyond a inexpensive doubt) establishes proof of civil fraud (by clear and convincing evidence).
b. Acquittal of criminal tax evasion does not collaterally stop the government from proving civil fraud (by clear and convincing evidence). The acquittal established that proof of fraud did not exist beyond inexpensive doubt, but that does not mean that proof of fraud by clear and convincing evidence does not exist.
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Law Offices - 30 Important Facts All US Citizens Should Know!
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Foreclosure - How to Stop a Foreclosure Auction Immediately
Hello everybody. Today, I discovered Foreclosure - How to Stop a Foreclosure Auction Immediately. Which could be very helpful for me therefore you. How to Stop a Foreclosure Auction ImmediatelyToo many citizen hear the word foreclosure and naturally give up. They pack up and leave their home mental the game is over and they have lost. Sadly though, they walked away from their home when they did not have to and they forfeited the home. It is not until the house sells at auction that you have to leave.
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So why pack up and move when there is still a battle that can be one? In most states, you have the right to stop a scheduled foreclosure auction. Every mortgage firm is distinct and every state law is distinct so you will want to research the limits you have. Many companies allow you to make the cost up to an hour or even a half hour prior to the scheduled time of the foreclosure auction. Whether you are bringing your inventory plus the attorney fees up to date wholly or you are development an first installment on a refund plan, you can stop that auction immediately.
Since you now know how to stop a foreclosure auction immediately, you know that you do not have to give up. Keep working on borrowing that money to bring your inventory current or continue working on the foreclosure options that were presented to you. Never give up until it is all over. And even when the foreclosure auction happens, some states give homeowners a clear amount of time where they can gain possession back if they are able to find a way to wholly pay off the mortgage within a clear period of time.
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Fraud - Disability Fraud - The Best Way to Stop communal protection Disability Fraud
Hello everybody. Now, I learned about Fraud - Disability Fraud - The Best Way to Stop communal protection Disability Fraud. Which may be very helpful if you ask me and also you. Disability Fraud - The Best Way to Stop communal protection Disability FraudIt is a good act for society to help forestall public protection disability fraud. In this article, I will give you guidance on how to properly description public protection disability fraud, and also some things to reconsider before filing a fraud description on someone.
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Social protection disability fraud can be reported a whole ways. You could call your local public protection administration office, to make the report. Or you can file one online, or caress the suitable authorities on the public protection administration's homepage.
However, there are some things you need to know, before making a claim for public protection disability fraud.
A lot of claims that are reported as fraudulent go like this: "I saw my neighbor, who gain pay public protection disability pension, on the roof the other day hanging Christmas lights. I want to description this man as a fraud." Not so fast.
Not all disabilities are apparent to the naked eye, nor are they easy to survey from watching a stranger or man from a distance.
First of all, let's go over what a disability is. A disability is something that stops a man from doing gainful action for 12 months or more. That's the definition the law goes by. Notice this does not say it has to be physical. This means that there are mental and psychological disorders thought about disabilities that are valid. How are you going to see those from a distance, or survey those in man you don't know that well?
Also, even if it is physical, there are many bodily activities where the pain of the action isn't felt on to later. maybe the man you saw on the roof could not sleep at all that night because every time they exert themselves there is excruciating pain six to eight hours after they performed their task.
The point is uncomplicated -- don't be so quick to description public protection disability fraud until you are aware of exactly what the man is suffering from that is causing the disability.
You will encounter some citizen who openly brag about defrauding public Security. These are the citizen you should promptly description to the public protection office. They're doing everyone a great disservice by depleting the public protection administration's funds illegally.
In conclusion, I have given you some points to consider., when filing a public protection disability fraud report. Take this guidance into Notice next time you have suspicions somebody is making a fraudulent claim on disability.
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Fraud - Debt Consolidation - Is Care One prestige a Fraud?
Good evening. Yesterday, I learned all about Fraud - Debt Consolidation - Is Care One prestige a Fraud?. Which could be very helpful in my opinion and also you. Debt Consolidation - Is Care One prestige a Fraud?Care One Credit, is a debt consolidation aid that offers second opportunity help to habitancy in need. Care One reputation offers debt consolidation loans and counseling to those who are drowning in bills and have few avenues to turn to for help.
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Is Care One reputation A Scam?
The debt relief manufactures has many companies and services that advertise assorted services to help habitancy in need, who have found themselves overwhelmed by their current financial situation. Is Care One reputation other such firm that offers much but delivers little when it comes to providing debt relief to those in need?
The truth is, Care One reputation debt consolidation services provides a considerable resource for people, and if used properly can advantage the borrower. They can offer a borrower consolidation loans to pay off their current high interest debt and sacrifice monthly payments. Sometimes a little breathing room provides all the incompatibility when bill collectors are breathing down your neck.
Debt consolidation companies are not an over night solution. They can at once sacrifice your monthly payments in some cases, but you will still carry an outstanding debt that you will need to work to pay off. It will remain up to you to not use your freed up reputation lines to simply fall back into greater and deeper debt, worsening your situation beyond what a debt consolidation firm can help fix.
Care One hamlet plans can help you sacrifice your debt if consolidation alone will not gift a repayment plan that is manageable. You will take a hit to your reputation score if you choose to decide your debt with your lenders, having them forgive a measure of what you owe, but sometimes it can help furnish the debt relief that can recover your life to balance.
Compare Debt Consolidation Offers Today
Debt consolidation is not for everyone, but for those it can furnish relief to, be sure to assess many consolidation offers from assorted company. Care One reputation is just one of the many services, together with government non profit debt services, and attorneys that furnish consolidation and hamlet plans, it is best to get free online quotes for many offers and choose the best explication for your current needs.
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Leroy 'Law' Brown Tube. Duration : 1.93 Mins.Hospice Fraud - A delineate For Employees, Whistleblowers, Attorneys, Lawyers and Law Firms
Fraud - Hospice Fraud - A delineate For Employees, Whistleblowers, Attorneys, Lawyers and Law Firms
Good morning. Now, I found out about Fraud - Hospice Fraud - A delineate For Employees, Whistleblowers, Attorneys, Lawyers and Law Firms. Which could be very helpful if you ask me therefore you. Hospice Fraud - A delineate For Employees, Whistleblowers, Attorneys, Lawyers and Law FirmsHospice fraud in South Carolina and the United States is an expanding question as the estimate of hospice patients has exploded over the past few years. From 2004 to 2008, the estimate of patients receiving hospice care in the United States grew approximately 40% to nearly 1.5 million, and of the 2.5 million habitancy who died in 2008, nearly one million were hospice patients. The amazing majority of habitancy receiving hospice care receive federal benefits from the federal government straight through the Medicare or Medicaid programs. The health care providers who supply hospice services traditionally enroll in the Medicare and Medicaid programs in order to qualify to receive payments under these government programs for services rendered to Medicare and Medicaid eligible patients.
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While most hospice health care organizations supply standard and ethical medicine for their hospice patients, because hospice eligibility under Medicare and Medicaid involves clinical judgments which may supervene in the payments of large sums of money from the federal government, there are great opportunities for fraudulent practices and false billing claims by unscrupulous hospice care providers. As new federal hospice fraud compulsion actions have demonstrated, the estimate of health care fellowships and individuals who are willing to try to defraud the Medicare and Medicaid hospice benefits programs is on the rise.
A new example of hospice fraud keen a South Carolina hospice is Southern Care, Inc., a hospice firm that in 2009 paid .7 million to settle an Fca case. The defendant operated hospices in 14 other states, too, including Alabama, Georgia, Indiana, Iowa, Kansas, Louisiana, Michigan, Mississippi, Missouri, Ohio, Pennsylvania, Texas, Virginia and Wisconsin. The alleged frauds were that patients were not eligible for hospice, to wit, were not terminally ill, lack of documentation of terminal illnesses, and that the firm marketed to possible patients with the promise of free medications, supplies, and the provision of home health aides. Southern Care also entered into a 5-year Corporate Integrity bargain with the Oig as part of the settlement. The qui tam relators received approximately million.
Understanding the Consequences of Hospice Fraud and Whistleblower Actions
U.S. And South Carolina consumers, including hospice patients and their family members, and health care employees who are employed in the hospice industry, as well as their Sc lawyers and attorneys, should warn themselves with the basics of the hospice care industry, hospice eligibility under the Medicare and Medicaid programs, and hospice fraud schemes that have industrialized over the country. Consumers need to protect themselves from unethical hospice providers, and hospice employees need to guard against knowingly or unwittingly participating in health care fraud against the federal government because they may subject themselves to menagerial sanctions, including lengthy exclusions from working in an organization which receives federal funds, great civil monetary penalties and fines, and criminal sanctions, including incarceration. When a hospice laborer discovers fraudulent escort keen Medicare or Medicaid billings or claims, the laborer should not share in such behavior, and it is imperative that the unlawful escort be reported to law compulsion and/or regulatory authorities. Not only does reporting such fraudulent Medicare or Medicaid practices shield the hospice laborer from exposure to the foregoing administrative, civil and criminal sanctions, but hospice fraud whistleblowers may benefit financially under the reward provisions of the federal False Claims Act, 31 U.S.C. §§ 3729-3732, by bringing false claims suits, also known as qui tam or whistleblower suits, against their employers on profit of the United States.
Types of Hospice Care Services
Hospice care is a type of health care aid for patients who are terminally ill. Hospices also supply preserve services for the families of terminally ill patients. This care includes corporal care and counseling. Hospice care is commonly provided by a group agency or incommunicable firm stylish by Medicare and Medicaid. Hospice care is ready for all age groups, including children, adults, and the elderly who are in the final stages of life. The purpose of hospice is to supply care for the terminally ill patient and his or her family and not to cure the terminal illness.
If a patient qualifies for hospice care, the patient can receive healing and preserve services, including nursing care, healing group services, doctor services, counseling, homemaker services, and other types of services. The hospice patient will have a team of doctors, nurses, home health aides, group workers, counselors and trained volunteers to help the patient and his or her family members cope with the symptoms and consequences of the terminal illness. While many hospice patients and their families can receive hospice care in the comfort of their home, if the hospice patient's health deteriorates, the patient can be transferred to a hospice facility, hospital, or nursing home to receive hospice care.
Hospice Care Statistics
The estimate of days that a patient receives hospice care is often referenced as the "length of stay" or "length of service." The length of aid is dependent on a estimate of dissimilar factors, including but not minute to, the type and stage of the disease, the potential of and entrance to health care providers before the hospice referral, and the timing of the hospice referral. In 2008, the median length of stay for hospice patients was about 21 days, the median length of stay was about 69 days, approximately 35% of hospice patients died or were discharged within 7 days of the hospice referral, and only about 12% of hospice patients survived longer than 180 days.
Most hospice care patients receive hospice care in incommunicable homes (40%). Other locations where hospice services are provided are nursing homes (22%), residential facilities (6%), hospice patient facilities (21%), and acute care hospitals (10%). Hospice patients are ordinarily the elderly, and hospice age group percentages are 34 years or less (1%), 35 - 64 years (16%), 65 - 74 years (16%), 75 - 84 years (29%), and over 85 years (38%). As for the terminal illness resulting in a hospice referral, cancer is the analysis for approximately 40% of hospice patients, followed by debility unspecified (15%), heart disease (12%), dementia (11%), lung disease (8%), stroke (4%) and kidney disease (3%). Medicare pays the great majority of hospice care expenses (84%), followed by incommunicable insurance (8%), Medicaid (5%), charity care (1%) and self pay (1%).
As of 2008, there were approximately 4,700 locations which were providing hospice care in the United States, which represented about a 50% growth over ten years. There were about 3,700 fellowships and organizations which were providing hospice services in the United States. About half of the hospice care providers in the United States are for-profit organizations, and about half are non-profit organizations.
General overview of the Medicare and Medicaid Programs
In 1965, Congress established the Medicare program to supply health insurance for the elderly and disabled. Payments from the Medicare program arise from the Medicare Trust fund, which is funded by government contributions and straight through payroll deductions from American workers. The Centers for Medicare and Medicaid Services (Cms), previously known as the health Care Financing administration (Hcfa), is the federal agency within the United States agency of health and Human Services (Hhs) that administers the Medicare program and works in partnership with state governments to administer Medicaid.
In 2007, Cms reorganized its ten geography-based field offices to a Consortia buildings based on the agency's key lines of business: Medicare health plans, Medicare financial management, Medicare fee for aid operations, Medicaid and children's health, contemplate & certification and potential improvement. The Cms consortia consist of the following:
• Consortium for Medicare health Plans Operations
• Consortium for Financial administration and Fee for aid Operations
• Consortium for Medicaid and Children's health Operations
• Consortium for potential revising and contemplate & Certification Operations
Each consortium is led by a Consortium Administrator (Ca) who serves as the Cms's national focal point in the field for their firm line. Each Ca is responsible for consistent implementation of Cms programs, procedure and guidance over all ten regions for matters pertaining to their firm line. In expanding to accountability for a firm line, each Ca also serves as the Agency's senior administration valid for two or three Regional Offices (Ros), representing the Cms Administrator in external matters and overseeing menagerial operations.
Much of the daily administration and operation of the Medicare program is managed straight through incommunicable insurance fellowships that contract with the Government. These incommunicable insurance companies, sometimes called "Medicare Carriers" or "Fiscal Intermediaries," are expensed with and responsible for accepting Medicare claims, determining coverage, and making payments from the Medicare Trust Fund. These carriers, including Palmetto Government Benefits Administrators (hereinafter "Pgba"), a agency of Blue Cross and Blue Shield of South Carolina, control pursuant to 42 U.S.C. §§ 1395h and 1395u and rely on the good faith and careful representations of health care providers when processing claims.
Over the past forty years, the Medicare program has enabled the elderly and disabled to fetch requisite healing services from healing providers throughout the United States. requisite to the success of the Medicare program is the fundamental view that health care providers accurately and of course submit claims and bills to the Medicare Trust Fund only for those healing treatments or services that are legitimate, inexpensive and medically necessary, in full yielding with all laws, regulations, rules, and conditions of participation, and, further, that healing providers not take benefit of their elderly and disabled patients.
The Medicaid program is ready only to definite low-income individuals and families who must meet eligibility requirements set forth by federal and state law. Each state sets its own guidelines with regard to eligibility and services. Although administered by private states, the Medicaid program is funded primarily by the federal government. Medicaid does not pay money to patients; rather, it sends payments directly to the patient's health care providers. Like Medicare, the Medicaid program depends on health care providers to accurately and of course submit claims and bills to program administrators only for those healing treatments or services that are legitimate, inexpensive and medically necessary, in full yielding with all laws, regulations, rules, and conditions of participation, and, further, that healing providers not take benefit of their indigent patients.
Medicare & Medicaid Hospice Laws Which influence Sc Hospices
Hospice fraud occurs when hospice organizations, by and straight through their employees, agents and owners, knowingly violate the terms and conditions of the applicable Medicare and Medicaid hospice statutes, regulations, rules and conditions of participation. In order to be able to identify hospice fraud, hospices, hospice patients, hospice employees and their attorneys and lawyers must know the Medicare laws and requirements relating to hospice care benefits.
Medicare's two main sources of authorization for hospice benefits are found in the group safety Act and the U.S. Code of Federal Regulations. The statutory provisions are primarily found at 42 U.S.C. §§ 1395d, 1395e, 1395f(a)(7), 1395x(d)(d), and 1395y, and the regulatory provisions are found at 42 C.F.R. Part 418.
To be eligible for Medicare benefits for hospice care, the patient must be eligible for Medicare Part A and be terminally ill. 42 C.F.R. § 418.20. terminal illness is established when "the private has a healing analysis that his or her life expectancy is 6 months or less if the illness runs its normal course." 42 C.F.R. § 418.3; 42 U.S.C. § 1395x(d)(d)(3). The patient's doctor and the healing director of the hospice must guarantee in writing that the patient is "terminally ill." 42 U.S.C. § 1395f(a)(7); 42 C.F.R. § 418.20. After a patient's preliminary certification, Medicare provides for two ninety-day benefit periods followed by an unlimited estimate of sixty-day benefit periods. 42 U.S.C. § 1395d(a)(4). At the end of each ninety- or sixty-day period, the patient can be re-certified only if at that time he or she has less than six months to live if the illness runs its normal course. 42 U.S.C. § 1395f(a)(7)(A). The written certification and re-certifications must be maintained in the patient's healing records. 42 C.F.R. § 418.23. A written plan of care must be established for each patient setting forth the types of hospice care services the patient is scheduled to receive, 42 U.S.C. § 1395f(a)(7)(B), and the hospice care has to be provided in accordance with such plan of care. 42 U.S.C. § 1395f(a)(7)(C); 42 C.F.R. § 418.56. Clinical records for each hospice patient must be maintained by the hospice, including plan of care, assessments, clinical notes, signed consideration of election, patient responses to medication and therapy, doctor certifications and re-certifications, outcome data, enlarge directives and doctor orders. 42 C.F.R. § 418.104.
The hospice must fetch a written consideration of election from the patient to elect to receive Medicare hospice benefits. 42 C.F.R. § 418.24. Importantly, once a patient has elected to receive hospice care benefits, the patient waives Medicare benefits for healing medicine for the terminal disease upon which is the admitting diagnosis. 42 C.F.R. § 418.24(d).
The hospice must designate an Interdisciplinary Group (Idg) or groups composed of individuals who work together to meet the physical, medical, psychosocial, emotional, and spiritual needs of the hospice patients and families facing terminal illness and bereavement. 42 C.F.R. § 418.56. The Idg members must supply the care and services offered by the hospice, and the group, in its entirety, must supervise the care and services. A registered nurse that is a member of the Idg must be designated to supply coordination of care and to ensure continuous estimate of each patient's and family's needs and implementation of the interdisciplinary plan of care. The interdisciplinary group must include, but is not minute to, the following great and competent professionals: (i) A doctor of medicine or osteopathy (who is an laborer or under contract with the hospice); (ii) A registered nurse; (iii) A group worker; and, (iv) A pastoral or other counselor. 42 C.F.R. § 418.56.
The Medicare hospice regulations, at 42 C.F.R. § 418.200, summarize the requirements for hospice coverage in pertinent part as follows:
To be covered, hospice services must meet the following requirements. They must be inexpensive and requisite for the palliation and administration of the terminal illness as well as connected conditions. The private must elect hospice care in accordance with §418.24. A plan of care must be established and periodically reviewed by the attending physician, the healing director, and the interdisciplinary group of the hospice program as set forth in §418.56. That plan of care must be established before hospice care is provided. The services provided must be consistent with the plan of care. A certification that the private is terminally ill must be completed as set forth in section §418.22.
The group safety Act, at 42 U.S.C. § 1395y(a), limits Medicare hospice benefits, providing in pertinent part as follows: "Notwithstanding any other provision of this title, no payment may be made under part A or part B for any expenses incurred for items or services-... (C) in the case of hospice care, which are not inexpensive and requisite for the palliation or administration of terminal illness...." 42 C.F.R. § 418.50 (hospice care must be "reasonable and requisite for the palliation and administration of terminal illness"). Palliative care is defined in the regulations as "patient and family-centered care that optimizes potential of life by anticipating, preventing, and treating suffering. Palliative care throughout the continuum of illness involves addressing physical, intellectual, emotional, social, and spiritual needs and to facilitate patient autonomy, entrance to information, and choice." 42 C.F.R. § 418.3.
Medicare pays hospice agencies a daily rate for each day a beneficiary is enrolled in the hospice benefit and receives hospice care. The daily payments are made regardless of the estimate of services furnished on a given day and are intended to cover costs that the hospice incurs in furnishing services identified in the patient's plan of care. There are four levels of payments which are made based on the estimate of care required to meet beneficiary and family needs. 42 C.F.R. § 418.302; Cms Hospice Fact Sheet, November 2009. These four levels, and the corresponding 2010 daily rates, are as follows: disposition home care (2.91); continuous home care (4.10); patient respite care (7.83); and, normal patient care (5.74).
The composition each year cap per patient in 2009 was ,014.50. This cap is carefully by adjusting the primary hospice patient cap of ,500, set in 1984, by the consumer Price Index. See Cms Internet-Only hand-operated 100-04, lesson 11, section 80.2; 42 U.S.C. § 1395f(i); 42 C.F.R. § 418.309. The Medicare Claims Processing Manual, at lesson 11 - Processing Hospice Claims, in Section 80.2, entitled "Cap on overall Hospice Reimbursement," provides in pertinent part as follows: "Any payments in excess of the cap must be refunded by the hospice."
Hospice patients are responsible for Medicare co-insurance payments for drugs and respite care, and the hospice may fee the patient for these co-insurance payments. However, the co-insurance payments for drugs are minute to the lesser of or 5% of the cost of the drugs to the hospice, and the co-insurance payments for respite care are ordinarily 5% of the payment made by Medicare for such services. 42 C.F.R. § 418.400.
The Medicare and Medicaid programs want institutional health care providers, including hospice organizations, to file an enrollment application in order to qualify to receive the programs' benefits. As part of these enrollment applications, the hospice providers guarantee that they will comply with Medicare and Medicaid laws, regulations, and program instructions, and additional guarantee that they understand that payment of a claim by Medicare and Medicaid is conditioned upon the claim and fundamental transaction complying with such program laws and requirements. The Medicare Enrollment Application which hospice providers must execute, Form Cms-855A, states in part as follows: "I agree to abide by the Medicare laws, regulations and program instructions that apply to this provider. The Medicare laws, regulations, and program instructions are ready straight through the Medicare contractor. I understand that payment of a claim by Medicare is conditioned upon the claim and the fundamental transaction complying with such laws, regulations, and program instructions (including, but not minute to, the Federal Aks and Stark laws), and on the provider's yielding with all applicable conditions of participation in Medicare."
Hospices are ordinarily required to bill Medicare on a monthly basis. See the Medicare Claims Processing Manual, at lesson 11 - Processing Hospice Claims, in Section 90 - Frequency of Billing. Hospices ordinarily file their hospice Medicare claims with their Fiscal Intermediary or Medicare Carrier pursuant to the Cms Claims hand-operated Form Cms 1450 (sometime also called a Form Ub-04 or Form Ub-92), whether in paper or electronic form. These claim forms contain representations and certifications which state in pertinent part that: (1) misrepresentations or falsifications of requisite facts may serve as the basis for civil monetary penalties and criminal convictions; (2) submission of the claim constitutes certification that the billing facts is true, exact and complete; (3) the submitter did not knowingly or recklessly disregard or misrepresent or conceal material facts; (4) all required doctor certifications and re-certifications are on file; (5) all required patient signatures are on file; and, (6) for Medicaid purposes, the submitter understands that because payment and pleasure of this claim will be from Federal and State funds, any false statements, documents, or concealment of a material fact are subject to prosecution under applicable Federal or State Laws.
Hospices must also file with Cms an each year cost and data description of Medicare payments received. 42 U.S.C. § 1395f(i)(3); 42 U.S.C. § 1395x(d)(d)(4). The each year hospice cost and data reports, Form Cms 1984-99, contain representations and certifications which state in pertinent part that: (1) misrepresentations or falsifications of facts contained in the cost description may be punishable by criminal, civil and menagerial actions, including fines and/or imprisonment; (2) if any services identified in the description were the product of a direct or indirect kickback or were otherwise illegal, then criminal, civil and menagerial actions may result, including fines and/or imprisonment; (3) the description is a true, exact and faultless statement prepared from the books and records of the supplier in accordance with applicable instructions, except as noted; and, (4) the signing officer is well-known with the laws and regulations with regard to the provision of health care services and that the services identified in this cost description were provided in yielding with such laws and regulations.
Hospice Anti-Fraud compulsion Statutes
There are a estimate of federal criminal, civil and menagerial compulsion provisions set forth in the Medicare statutes which are aimed at preventing fraudulent conduct, including hospice fraud, and which help enunciate program integrity and compliance. Some of the more leading compulsion provisions of the Medicare statutes contain the following: 42 U.S.C. § 1320a-7b (Criminal fraud and anti-kickback penalties); 42 U.S.C. § 1320a-7a and 42 U.S.C. § 1320a-8 (Civil monetary penalties for fraud); 42 U.S.C. § 1320a-7 (Administrative exclusions from participation in Medicare/Medicaid programs for fraud); 42 U.S.C. § 1320a-4 (Administrative subpoena power for the Comptroller General).
Other criminal compulsion provisions which are used to combat Medicare and Medicaid fraud, including hospice fraud, contain the following: 18 U.S.C. § 1347 (General health care fraud criminal statute); 21 U.S.C. §§ 353, 333 (Prescription Drug Marketing Act); 18 U.S.C. § 669 (Theft or Embezzlement in connection with health Care); 18 U.S.C. § 1035 (False statements relating to health Care); 18 U.S.C. § 2 (Aiding and Abetting); 18 U.S.C. § 3 (Accessory after the Fact); 18 U.S.C. § 4 (Misprision of a Felony); 18 U.S.C. § 286 (Conspiracy to defraud the Government with respect to Claims); 18 U.S.C. § 287 (False, Fictitious or Fraudulent Claims); 18 U.S.C. § 371 (Criminal Conspiracy); 18 U.S.C. § 1001 (False Statements); 18 U.S.C. § 1341 (Mail Fraud); 18 U.S.C. § 1343 (Wire Fraud); 18 U.S.C. § 1956 (Money Laundering); 18 U.S.C. § 1957 (Money Laundering); and, 18 U.S.C. § 1964 (Racketeer Influenced and Corrupt Organizations ("Rico")).
The False Claims Act (Fca)
Hospice fraud whistleblowers may benefit financially under the reward provisions of the federal False Claims Act, 31 U.S.C. §§ 3729-3732, by bringing false claims suits, also known as qui tam or whistleblower suits, against their employers on profit of the United States. The plaintiff in a hospice fraud whistleblower suit is also known as a relator. The most tasteless Fca provisions upon which hospice fraud qui tam or whistleblower relators rely are found in 31 U.S.C. § 3729: (A) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval; (B) knowingly makes, uses, or causes to be made or used, a false description or statement material to a false or fraudulent claim; (C) conspires to commit a violation of subparagraph (A), (B), (D), (E), (F), or (G);..., and, (G) knowingly makes, uses, or causes to be made or used, a false description or statement material to an compulsion to pay or transmit money or asset to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an compulsion to pay or transmit money or asset to the Government.... There is no requirement to prove exact intent to defraud. Rather, it is only requisite to prove actual knowledge of the false claims, false statements, or false records, or the defendant's deliberate indifference or reckless disregard of the truth or falsity of the information. 31 U.S.C. § 3729(b).
The Fca anti-retaliation provision protects the hospice whistleblower from retaliation from the hospice when the laborer (or a contractor) "is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment" for taking operation to try to stop the fraudulent activity. 31 U.S.C. § 3730(h). A hospice employee's relief includes reinstatement, 2 times the estimate of back pay, interest on the back pay, and payment for any special damages sustained as a supervene of the discrimination or retaliation, including litigation costs and inexpensive attorneys' fees.
A Sc hospice fraud Fca whistleblower would initially file a disclosure statement, complaint and supporting documents with the U.S. Attorney's Office in Columbia, South Carolina, and the Us Attorney General. After the disclosures are filed, a federal court complaint can be filed. The Sc agency where the frauds occurred, the relator's residence, and the defendant residence, will settle which agency the case will be assigned. There are eleven federal court divisions in South Carolina. Once the case has been filed, the government has 60 days to settle whether or not to intervene. While this time, federal government investigators settled in South Carolina will investigate the claims. If the case complex Medicaid, Sc Medicaid fraud unit investigators will likely come to be complex as well. If the government intervenes in the case, the U.S. Attorney for South Carolina is commonly the lead attorney. If the government does not intervene, the relator's Sc attorney will prosecute the case. In South Carolina, expect a qui tam case to take one to two years to get to trial.
Tips on Recognizing Hospice Fraud Schemes
The Hhs Office of Inspector normal (Oig) has issued special Fraud Alerts for fraudulent and abusive practices of hospices. U.S. And South Carolina hospices, patients, hospice employees and whistleblowers, their attorneys and lawyers, should be well-known with these hospice fraud practices. Tips on recognizing hospice frauds in South Carolina and the U.S. Are:
• A hospice offering free goods or goods at below market value to induce a nursing home to refer patients to the hospice.
• False representations in a hospice's Medicare/Medicaid enrollment form.
• A hospice paying "room and board" payments to the nursing home in amounts in excess of what the nursing home would have received directly from Medicaid had the patient not been enrolled in the hospice.
• False statements in a hospice's claim form (Cms Forms 1450, Ub-04 or Ub-92).
• A hospice falsely billing for services that were not inexpensive or requisite for the palliation of the symptoms of a terminally ill patient.
• A hospice paying amounts to the nursing home for "additional" services that Medicaid carefully included in its room and board payment to the hospice.
• A hospice paying above fair market value for "additional" non-core services which Medicaid does not think to be included in its room and board payments to the nursing home.
• A hospice referring patients to a nursing home to induce the nursing home to refer its patients to the hospice.
•A hospice providing free (or below fair market value) care to nursing home patients, for whom the nursing home is receiving Medicare payment under the skilled nursing installation benefit, with the prospect that after the patient exhausts the skilled nursing installation benefit, the patient will receive hospice services from that hospice.
• A hospice providing staff at its cost to the nursing home to achieve duties that otherwise would be performed by the nursing home.
• Incomplete or no written Plan of Care was established or reviewed at exact intervals.
• Plan of Care did not contain an estimate of needs.
• Fraudulent statements in a hospice's cost description to the government.
• consideration of election was not obtained or was fraudulently obtained.
• Rn supervisory visits were not made for home health aide services.
• Certification or Re-certification of terminal illness was not obtained or was fraudulently obtained.
• No Plan of care was included for bereavement services.
• Fraudulent billing for upcoded levels of hospice care.
• Hospice did not escort a self-assessment of potential and care provided.
• Clinical records were not maintained for every patient.
• Interdisciplinary group did not recite and modernize the plan of care for each patient.
Recent Hospice Fraud compulsion Cases
The Doj and U.S. Attorney's Offices have been active in enforcing hospice fraud cases.
In 2009, Kaiser Foundation Hospitals settled an Fca lawsuit by paying .8 million to the federal government. The defendant allegedly failed to fetch written certifications of terminal illness for a estimate of its patients.
In 2006, Odyssey Healthcare, a national hospice provider, paid .9 million to settle a qui tam suit for false claims under the Fca. The hospice fraud allegations were ordinarily that Odyssey billed Medicare for providing hospice care to patients when they were not terminally ill and ineligible for Medicare hospice benefits. A Corporate Integrity bargain was also a part of the settlement. The hospice fraud qui tam relator received .3 million for blowing the whistle on the defendant.
In 2005, Faith Hospice, Inc., settled claims an Fca claim for 0,000. The hospice fraud allegations were ordinarily that Faith Hospice billed Medicare for providing hospice care to patients more than half of whom were not terminally ill.
In 2005, Home Hospice of North Texas settled an Fca claim for 0,000 with regard to allegations of fraudulently billing Medicare for ineligible hospice patients.
In 2000, Michigan osteopath Donald Dreyfuss, who pleaded guilty to criminal fraud charges, including violation of the Aks for receiving illegal kickbacks from a hospice for recommending the hospice to the staff of his nursing home, settled an Fca suit for million.
Conclusion
Hospice fraud is a growing question in South Carolina and throughout the United States. South Carolina hospice patients, hospice employees, and their Sc lawyers and attorneys, should be well-known with the basics of the hospice care industry, hospice eligibility under the Medicare and Medicaid programs, and typical hospice fraud schemes. Hospice organizations should take steps to ensure full yielding with Medicare/Medicaid hospice billing requirements to avoid hospice fraud allegations and Fca litigation.
© 2010 Joseph P. Griffith, Jr.
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Foreclosure - What Does a Lis Pendens Mean in the Foreclosure Legal Process?
Good evening. Today, I discovered Foreclosure - What Does a Lis Pendens Mean in the Foreclosure Legal Process?. Which is very helpful in my opinion and also you. What Does a Lis Pendens Mean in the Foreclosure Legal Process?One of the legal terms that homeowners in foreclosure often come over is lis pendens. They may initially find out about the term when attempting to refinance their house and the mortgage broker turns them down because of this type of document filed against the property. If a lis pendens has been filed, it will show up with the county recorder as a document affecting the title.
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A lis pendens does not stop or forestall foreclosure at all, as it is merely a document serving consideration upon any other party that is researching the particular property affected by the document. In most cases of a homeowner behind on the mortgage payments, the lender's attorneys will file the first foreclosure lawsuit with the court and a lis pendens will be sent to the county clerk or recorder's office to indicate that a particular property is in the process of a pending litigation.
The term lis pendens is Latin for "lawsuit pending," and the lawsuit that it is referring to is the legal process of foreclosure. If the lender was not suing for the property to be sold for payment of the defaulted mortgage loan, this document would never be filed in the first place, as no lawsuit would be pending.
In fact, a lis pendens specifically indicates that the property is facing foreclosure, and the document will show anyone, such as a title firm or prospective foreclosure refinance lender, researching the real estate that it is complex in a lawsuit. So the lis pendens is meant to signify the foreclosure; it does nothing to forestall the foreclosure, but it does not itself influence the homeowners' ability to save their home.
The most commonly used legal mechanism that would stop foreclosure is filing bankruptcy with the court, and even this only puts the process on hold while the creditor and debtor are advent to an business transaction to negotiate a village of the debt.
Homeowners may also wish to reconsider getting rid of the lis pendens affecting their home by mounting a defense against the lawsuit that has led to the foreclosure process. This is a direct defense of the litigation, though, not an extra legal process like bankruptcy that may be used to put the suit on hold.
If a lis pendens is filed with the county recorder against a piece of property, this indicates that the house is already in some stage of the foreclosure process. The homeowners are no longer in the preforeclosure stage, or merely behind in payments. At this point, foreclosure can not prevented, as it is already being pursued by the lender and its attorneys -- it must be stopped, and homeowners need to begin putting together a realistic plan and researching assorted ways to stop foreclosure, such as a mortgage modification, reimbursement plan, selling the house, or a foreclosure bailout loan.
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