On February 7, 2012, the Department of Justice (DOJ) announced another round of settlements relating to False Claims Act allegations for kyphoplasty procedures. These settlements involve fourteen (14) hospitals that have agreed to pay the United States a total of more than $12 million to resolve allegations that the hospitals overcharged Medicare between 2000 and 2008 when performing kyphoplasty, a procedure used to treat certain spinal fractures. According to the press release, the government contends that the hospitals performed the procedure on an inpatient basis in order to increase their Medicare billings.
To date, DOJ has reached settlements with more than forty (40) hospitals totaling over $39 million to resolve false claims allegations relating to kyphoplasty. The American Hospital Association (AHA) has expressed ongoing concern that the DOJ is aggressively investigating false claims act allegations predicated on evidence of a mistake or overutilization. A copy of the DOJ press release can be accessed by clicking here.
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