Phantom Billing Explained Simply:
Learn How this Common Medical Billing Fraud Works

healthcare billing systems

What Is Phantom Billing?

Government spending on healthcare continues to rise.

In 2018 the US spent $3.6 trillion on medical care. This accounts for almost 18% of GDP.

How does this process work? Medical providers seek reimbursement for services and prescription drugs by billing the government’s Medicare, Medicaid and Tricare programs.

Experts believe as much as 10% of these medical requests for payment contain some type of fraud like phantom billing or fake prescriptions.

Phantom billing is the most common form of medical frauds, accounting for almost half of all health care provider cases.

Taxpayers are regularly defrauded by healthcare providers using this scam.

 

Phantom Billing: The Hidden Storm Ravaging Healthcare

Phantom billing is the act of submitting bills for the payment of services, treatments, procedures or prescription drugs that were never performed or necessary.

This is identified as a specific form of medical fraud and is prosecuted under the False Claims Act (FCA).

Medical practitioners use fraudulent billing to make hundreds of thousands of dollars without any expense because the patients never existed and treatments never occurred.

Phantom invoicing for non-existent treatments is an unethical medical billing practice and is the most common form of fraud because it is so simple to commit.

Only one or two people need to be involved to accomplish this fraudulent act. This is one reason it is difficult to stop and easy to carry out.

Patients and staff members can be totally unaware of the illicit activities since medical procedures never actually happened.

Patients can also be part of the scam. A healthcare provider will offer monetary compensation to patients, in exchange for the patient cooperation.

Doctors and individuals are not the only ones responsible, although they will typically share in the blame since their medical license is involved.

Both large and small medical businesses are caught in massive billing fraud scams.

 

knowledge of fraud

Common places to find perpetrators of false billing fraud:

  • Medical Clinics
  • Dental Offices
  • Physical Therapy Centers
  • Hospice Centers
  • Hospitals
  • Pharmacies & Pharmaceutical Companies
  • Medical Laboratories
  • Home Healthcare Agencies
  • Insurance Providers

 

The phantom billing problem is spread across the entire healthcare system and includes billing for unnecessary services.

Discovering the existence of phantom billing can be difficult. Knowing what to look for is key. Here are some examples from successful FCA lawsuits for phantom billing.

 

Doctors & Physicians
  • The Scam - Using a Doctor’s office to bill for physical therapy services that never took place
  • The Process - The physician at his medical practice encouraged staff members to bill for non-existent treatments and authorized services that were never provided
  • The Take - $237,187 in false bills
  • The Outcome - A $900,000 fines, Doctor was forced to sell his $3 million home

 

Orthopaedic Care Facility
  • The Scam - Submit fabricated bills for service that did not take place and double bill for x-rays
  • The Process - Use Medicare, Tricare management administration and the Federal Employees health benefit program to pay for the fake invoicing
  • The Take - Undisclosed
  • The Outcome - $2.5 million settlement to the Federal Government

 

These two examples of phantom billing fraud can be reported by employees or patients who are aware of the scam. Whistleblower rewards and protection are provided under the FCA and Whistleblower Protection Act.

Another racket used to extort money from the publicly provided medical programs under phantom billing is charging for unnecessary services.

Charging for Unnecessary Services: How it works

chronic headache pain

Phantom or Ghost billing fraud also includes claims for reimbursement of medically unnecessary treatments, drugs, exams or anything medically provided to a patient they had no need for.

This area of billing fraud can be difficult to clearly define as medical providers seek to cure patients ailments using exploratory treatments that will identify the cause of the illness. The false diagnosis is the root cause for the justification of unnecessary treatments.

Medicare coverage defines its coverage limitations using the concept of “reasonable and necessary”. Physicians and patients can utilize this insurance coverage for the diagnosis and treatment of illness as long as it is a justifiable remedy.

The medical services ordered must also be provided in an economically sound manner and only done when necessary.

When these rules are followed no laws have been broken. However, when healthcare professionals intentionally or willfully ignore the rules, an FCA violation for unnecessary billing exists.

Some common examples of unnecessary treatment include:

  • Patients who can completely and safely provide transportation themselves are ordered ambulance transportation
  • Testing and examining every patient for illnesses or diseases they are not at risk for or so symptoms of
  • Foregoing common, less invasive treatment modalities like prescription drugs, for expensive and surgical treatments

In general, the scam involves perfectly healthy patients administered treatment they have no medical reason for receiving.

A perfect example can be found below.

 

Dentist
  • The Scam - Target an employer health care plan that provides 100% coverage for dental work in cooperation with an employee union
  • The Process - Submit false bills for dental procedures that were unnecessary. Patient’s perfectly healthy teeth received treatment for decay. Kickbacks were also given to patients for their cooperation
  • The Take - More than $1 Million Dollars
  • The Outcome - The dentist received 3 year 10 month prison sentence and $75,000 in fines

 

When not involved, unnecessary billing is more difficult for patients and even trained medical staff to figure out because diagnosis and treatment recommendations are trusted to the Doctor.

While this is true, any healthcare professional like pharmaceutical sales representatives, office managers, EMTs and others have all successfully filed claims under the FCA to stop unnecessary medical fraud and get rewarded.

Common Fact Patterns of Healthcare Fraud
Phantom billing schemes, Upcoding & Unbundling, Illegal Kickbacks, False Billing for Non-Covered Services, Misrepresenting Information, Providing Unnecessary Care to Inflate Reimbursements, and a variety of Prescription Scams.

Report Billing Fraud & Get Rewarded

Medicare fraud can be reported anonymously, however whistleblowers will receive no reward for this action.

The FCA and the federal government provide rewards and protection for those willing to come forward and help stop waste and abuse.

Fraud takes a huge financial toll on the government every year causing rates and taxes to increase. Along with its own departments, the Government pays private companies millions of dollars to investigate medical fraud and it is still rampant.

That is why such high rewards and protection is offered. Whistleblowers can receive 15%-30% of what the government recovers from a phantom billing scheme.

In the Orthopedic Clinic case above the relator could have received up to $750,000 dollars.

The rewards can be tempting but whistleblowers need to understand they must have a reasonable claim for reporting. Individuals filing a claim under false pretenses can be held liable.

Consulting an attorney who specializes in FCA Claim and qui tam actions is recommended. Learning more about how to be a whistleblower, before taking action can help those with knowledge of phantom and unnecessary billing fraud.

 

 

 

 

 

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