Revelation Hospice in Mississippi: Patients Signed, the Hospice Decided

Whistleblower Justice Network

In the Revelation Hospice Mississippi fraud case, the hospice used patients’ signatures on undated revocations to discharge them without their knowledge. The Justice Department’s account describes a Clarksdale provider enrolling people who were not terminally ill and billing Medicare and Medicaid for unnecessary or undelivered services. For health care staff who handled admissions, nursing visits or discharge paperwork, the central question is familiar: did the form describe the patient’s decision, or a decision someone else made later?

Revelation’s owner also served as its registered nurse and Director of Nursing, personally admitting patients, supervising the nursing staff and treating patients in the field. The same person had a view of what patients were told, how they were cared for and when they left. That connection between clinical work and business decisions is central to the hospice fraud described here.

Revelation Hospice Elections and Revocations

Revelation Hospice used patients’ signatures on undated revocation forms to discharge them later without their knowledge, according to the Justice Department. Patients told the government that the nursing director deceived them about the services they were entering and never told them they were terminally ill. Many unknowingly signed Do Not Resuscitate forms along with the undated revocations. Their signatures recorded end-of-life choices they had not understood.

A revocation is the patient’s or authorized representative’s decision to end the hospice election. The government’s account describes the hospice using a signature already in its possession to make that decision later.

Hospice enrollment without informed consent changes who takes responsibility for care. The election statement records the choice of hospice, the start date and the patient’s or representative’s acknowledgment of comfort-focused care and the coverage given up. Under Medicare’s hospice coverage manual, the hospice takes responsibility for care tied to the terminal illness. The election gives up standard Medicare payment for curative treatment of the terminal illness and related conditions.

Paperwork appeared to speak for the patient at both ends of the stay.

For someone who worked with those forms, the sequence matters: the conversation at admission, the signature, the date the form was used and the discharge entered in the patient’s file. We connect those events with the care and claims to understand whose decision the paperwork recorded.

A Patient Who Did Not Fit the Hospice Story

Revelation enrolled a 29-year-old pregnant woman in care for the dying. The Justice Department’s September 2016 account said she was not terminally ill, was ineligible for hospice and remained in good health years after enrollment.

Medicare hospice eligibility requires a physician’s certification that life expectancy is six months or less if the illness runs its normal course.

For a nurse, the connection is between the patient seen during a visit and the patient described in the certification. Observations about condition, improvement and care needs can explain why a chart does not match the person. Hospice eligibility fraud turns those clinical differences into a payment question when the provider knowingly bills for an unsupported admission or continued stay.

The Medical Review Behind the Discharge Rate

A medical review of a 30-patient Medicare sample found every sampled patient ineligible, according to the Justice Department. The release paired that clinical finding with Revelation’s unusually high rate of patients leaving hospice alive.

Revelation’s Patients Mostly Left Alive
93.30%

of Revelation Hospice patients were discharged while still living, according to the Justice Department.

The release compared that rate with a national average of 18.2% from 2010.

Justice Department account of Revelation Hospice, September 14, 2016

The Medicare Payment Advisory Commission explains that patients may leave hospice because their condition improves or because they choose to leave. High live-discharge rates can point toward admissions of ineligible patients or care that fails to meet patients’ needs. At Revelation, the government’s account adds something much more specific to the percentage: medical review findings and forms used without patients’ knowledge.

Why the Enrolled Day Matters

Medicare pays routine hospice care by the enrolled day, so admission and discharge dates help determine the days for which the provider receives payment. The hospice is responsible for care related to the terminal illness, and payment continues across enrolled days whether or not a visit occurs that day. That is why the election and the decision to end it carry financial weight inside the business.

The HHS Office of Inspector General’s 2015 study, Medicare Hospices Have Financial Incentives to Provide Care in Assisted Living Facilities, put the payment incentive plainly:

Therefore, a hospice stands to gain financially if it provides minimal services to a beneficiary over a long period of time.

Medicare Hospices Have Financial Incentives to Provide Care in Assisted Living Facilities, HHS Office of Inspector General, 2015

That payment structure gives the signature and the recorded dates a business purpose beyond completing a chart. In Revelation’s case, the Justice Department described false claims for services that were medically unnecessary or never provided. The admissions record, clinical account and payment record belong in the same story.

A Civil Case With the Same Paperwork Problem

HPH Hospice faced a civil whistleblower complaint alleging that fabricated election and revocation documents made patients appear to leave and return. The complaint described the device this way:

HPH promotes and conceals its fraud through a device it has termed a “break in billing.” Through wholesale fabrication of patient election and revocation documents, HPH creates the false appearance that patients have revoked the Hospice benefit then been readmitted.

Whistleblowers’ allegation, United States and State of Florida ex rel. Numbers and Davis v. Hernando-Pasco Hospice, Inc., et al., complaint, paragraph 28

The Justice Department announced HPH’s $1 million settlement in July 2013 over allegations including ineligible admissions, delayed discharges and false or misleading records. The complaint’s account shows the civil significance of the same kind of discrepancy: documents recording a patient’s choice that the patient never made.

For an insider, the useful comparison is the gap between the signed form and what happened. Revelation’s account concerns undated forms used later without the patient’s knowledge. The HPH complaint alleged fabricated departures and readmissions. Both put control of the paperwork at the center of the story.

What Evidence Is Needed to Prove Fraud?

In healthcare fraud cases, evidence connects the patient’s condition and decisions with the hospice’s records, claims and management instructions. In an election or revocation case, we examine what the patient understood alongside the form, its use, the recorded discharge and the billed days. Clinical observations and communications inside the hospice can explain why those accounts differ.

Admissions staff may know what patients were told. Nurses may know what they observed and what went into the chart. Billing staff may know which dates reached Medicare or Medicaid. Our work with hospice fraud whistleblowers brings those views together around the decisions that produced the claims.

A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers.

When You Know Who Made the Decision

If you handled hospice forms that recorded choices patients never made, speak with our whistleblower experts about what happened inside the provider. We build your strongest hospice whistleblower case with you, bring in hospice fraud whistleblower lawyers who understand patient elections and Medicare claims, and stay beside you through the pursuit of a recovery.

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