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Contents
In the IPC Michigan Team Health fraud settlement, the hospitalist companies agreed to pay $4,384,618 over allegations of inpatient upcoding, impossible days and services never provided. The government alleged that the same providers billed Medicare and Medicaid for services in Michigan and Indiana on the same day, including Michigan visits it contended never happened. For an insider who knows the rounds, the question reaches beyond which code went on the bill to whether the doctor saw the patient at all.
The Justice Department announced the settlement on October 17, 2023. It named IPC Hospitalists of Michigan, Inpatient Consultants of Michigan, IPC Healthcare and Team Health Holdings, companies that employed and supplied hospitalists to Michigan hospitals. Hospitalists focus on the general medical care of hospitalized patients, putting their daily rounds at the center of the billing allegations.
The first allegation concerned physician upcoding of inpatient evaluation and management services. The government said the doctors regularly used codes for the most complex hospital services while performing less expensive work.
The second concerned the volume of services attributed to a hospitalist in a single day. The government alleged that the companies allowed doctors to bill for so much inpatient work that they could not reasonably have performed it all. That is the impossible-day allegation: the claimed work has to fit into the day of the person said to have done it.
The third concerned whether particular encounters happened. The government identified claims for the same provider and service date involving beneficiaries in Michigan and Indiana, and contended that the Michigan services had not been rendered.
The whistleblowers’ complaint against Team Health alleged a volume of consultations that strained both the calendar and the travel records. Its description of a physician leading a pod, or group of doctors, made the point with a transportation upgrade:
Aside from travel records not supporting such herculean billing by [the pod leader], even if he and members of his pod had a private jet that went door to door whenever he chose without a moment’s notice, there are many days in which [the pod leader] billed more than 100 patient consults per day for 6-7 consecutive days.
United States v. Team Health Holdings, whistleblowers’ complaint, paragraph 91
We see the absurdity: even the complaint’s imaginary private jet could not make that billing day believable. The doctor still had all those patient encounters to perform. An insider who knows the actual rounds can explain where the billed day parts company with the work.
The complaint alleged that the schedule itself helped conceal services never provided. The whistleblowers said their closer examination of the schedule at a hospital identified as HP Health revealed a gap between the pod leader’s listed assignments and his actual attendance:
The scope and breadth of the fraudulent scheme became clearer upon Relators access and closer review of the schedule at HP Health. In doing so, the Relators were able to figure out that [the pod leader] only showed up to HP Health on the weekends. He was often listed on the schedule during the week; however, this was done so that when he billed during the week, the fraudulent ghost rounding would be better concealed.
United States v. Team Health Holdings, whistleblowers’ complaint, paragraph 88
A roster could appear to explain a weekday claim while the people on the ward had a different account of who was there. The complaint said a whistleblower showed patients photographs of doctors whose notes appeared in their charts, and the patients denied that those doctors had seen them. It also alleged that nurses and other staff confirmed the patients’ accounts and that patients signed affidavits.
In the whistleblowers’ telling, the problem reached beyond an inflated description of care to entries describing visits the patients said never took place. Medicare and Medicaid were being asked to pay for the encounters described on paper.
The complaint connected the alleged conduct to both compensation and billing operations. It alleged that physicians’ bonuses depended on how many patients they saw and billed for, with relative value units tallied periodically. In physician payment, relative value units measure components such as practitioner work and practice expense. An employer’s compensation formula determines how those measures affect a doctor’s pay.
The same complaint alleged that Team Health uploaded the pod leader’s billing data at both hospitals using the same billing system and software. That put the alleged cross-state claims within a common billing operation. For someone who worked in coding, finance or scheduling, the relevant knowledge may concern who entered the encounters, who could see both hospitals’ claims and how the billed activity fed the bonus calculation.
The complaint also alleged that the pod leader demanded pulmonology referrals for every patient, even without a medical basis. That gives the bonus formula a concrete setting: the whistleblowers described pressure to generate consultations as well as payment for the encounters billed.
A hospitalist billing whistleblower may know how submitted claims differ from the actual rounds, schedules, travel or patient records. We connect that knowledge to the evidence behind the claims. The Michigan allegations show why a schedule and a chart entry can need checking against people who were present when the visit supposedly occurred.
The scholarly chapter Implementing a Physician Practice Compliance Program, published by Jones and Bartlett in 2011, describes operational review across scheduling, registration, billing, collections, medical records and staffing. It treats those functions as parts of the same review and calls for checking whether the documentation supports the codes used. That approach fits the central question here: does the billed account agree with how the practice actually operated? If you know how a discrepancy was raised and how the practice responded, we can assess that account alongside the billing and clinical records.
TeamHealth’s earlier nationwide IPC case ended in a separate $60 million settlement announced in February 2017. TeamHealth agreed to pay as IPC’s successor, resolving allegations that IPC encouraged hospitalists to bill higher service levels than they had provided. The government described corporate pressure on lower-billing hospitalists to catch up with their peers. The former IPC hospitalist whose whistleblower case led to that settlement was to receive approximately $11.4 million.
That resolution also included a five-year Corporate Integrity Agreement covering TeamHealth’s hospital medicine division. We see the same question behind both cases: did the patient receive the care on the bill?
The Michigan settlement resolved claims brought in two separate False Claims Act whistleblower lawsuits. The announcement allocated $606,483 of the settlement to Michigan for its share of alleged Medicaid damages. It also reported an award for one whistleblower in one case and a joint award for the two whistleblowers in the other. A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers.
If the claims describe hospital visits you know never happened, speak with our whistleblower experts about what you saw. We stay beside you through the case and bring in physician billing fraud whistleblower lawyers who understand hospitalist operations. Your knowledge of the rounds, the billing decisions and the people directing them is where we start.