Compliance, Investigations & White Collar


Medicaid Provider Freebies Create Risk Per OIG
May 27, 2026 | John F. Queenan | Jeffrey Ehrhardt | Compliance, Investigations & White Collar | Health Services

Health care providers may want to offer free or discounted services to help patients, and that instinct may be good. Most providers, however, don’t think of “free care” as a kickback issue in the same way they might think about gifts or rewards as a kickback issue. They should, because the Office of Inspector General

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DOJ Launches New FCA Initiative
May 21, 2026 | Geoffrey R. Kaiser | Compliance, Investigations & White Collar | Health Services

The U.S. Department of Justice (DOJ) recently announced a new initiative to enhance its working relationship with data miners who bring cases as whistleblowers under the False Claims Act (FCA).[1] The initiative is dubbed “FOCUS,” an acronym for Fraud Oversight through Careful Use of Statistics.

There has been a sharp increase in qui tam complaints

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House Ways & Means Hears Testimony on Home Health Fraud
April 23, 2026 | Geoffrey R. Kaiser | Compliance, Investigations & White Collar | Health Services

On April 21, 2026, in a “Hearing on Protecting Patients and Taxpayers: Cracking down on Medicare Fraud,” the House Ways & Means Committee received testimony on hospice and home health fraud from Sheila Clark, President and Chief Executive Officer of the California Hospice and Palliative Care Association,[1] and Chris Deery, the Director of Corporate Fraud

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New York Medicaid Program Placed Under CMS Microscope Over Fraud Concerns Involving Home Health-Related Services
March 23, 2026 | Geoffrey R. Kaiser | Compliance, Investigations & White Collar

In a March 3 letter[1] addressed to Gov. Kathy Hochul, CMS Administrator Dr. Mehmet Oz raised pointed concerns about fraud, waste and abuse (“FWA”) within New York’s Medicaid Program involving payments for home health-related services.

In his letter, Dr. Oz states:

Recent public reporting, federal prosecutions, and CMS analyses raise serious concerns about

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Renewed Federal Focus On Abuses in Home Health Industry
February 13, 2026 | Geoffrey R. Kaiser | Compliance, Investigations & White Collar | Health Services

Last month, Dr. Mehmet Oz, Administrator of the Centers for Medicare & Medicaid Services (“CMS”), accompanied by other CMS officials, visited with home health and hospice providers and related industry associations to discuss ways to strengthen program integrity enforcement. CMS was reacting to calls from industry stakeholders and members of Congress to get a handle

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OIG Gives Thumbs Down to Payment of Sign-on Bonuses by Home Care Agency
January 14, 2026 | Geoffrey R. Kaiser | Compliance, Investigations & White Collar | Health Services

In an unfavorable Advisory Opinion issued last week[1], the Office of Inspector General, U.S. Department of Health and Human Services (“OIG”) found that a home care agency’s plan to market sign-on bonuses to prospective employees with the intention of employing those individuals to provide services to family members could result in sanctions for violating the

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Electronic Visit Verification (EVV): The New Frontier in Home Health Fraud Enforcement
December 15, 2025 | Geoffrey R. Kaiser | Compliance, Investigations & White Collar | Health Services

The 21st Century Cures Act (“Cures Act”) required states to adopt electronic visit verification (EVV) systems for Medicaid-covered personal care services (“PCS”) by January 1, 2020 and for home health care services (“HHCS”) by January 1, 2023. According to the Centers for Medicare and Medicaid Services (“CMS”), the EVV requirement was imposed “in response to

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Home Health Care Continued to Be a Federal Enforcement Target in 2025
November 18, 2025 | Geoffrey R. Kaiser | Compliance, Investigations & White Collar | Health Services

The 2025 National Health Care Fraud Takedown, announced in June, was the largest in history, with 325 defendants charged (including 96 providers) in 50 federal districts. In all, the charged schemes involved more than $14 billion in intended loss, and more than $245 million in cash, luxury vehicles, cryptocurrency and other assets were seized. These

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The Intersection Between OMIG’s Home Care Audit Protocols and Liability Risk Under The False Claims Act
October 9, 2025 | Geoffrey R. Kaiser | Compliance, Investigations & White Collar | Health Services

OMIG publishes audit protocols to “assist the Medicaid provider community in developing programs to evaluate compliance with Medicaid requirements under federal and state statutory and regulatory law.”[1]  Such protocols are “applied to a specific provider type or category of service in the course of an audit and involve OMIG’s application of articulated Medicaid agency policy

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A History of CDPAP Enforcement at the NYS AG’s Office
September 10, 2025 | Compliance, Investigations & White Collar

New York’s Consumer Directed Personal Assistance Program (CDPAP) has long been the subject of enforcement at the New York State Attorney General’s Office (AG).  Many of those enforcement actions involve caregivers who billed Medicaid for CDPAP services never provided but sometimes also implicate agencies that are responsible for processing caregiver payments and protecting against fraud.

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