CEO, OR HOSPITAL SYSTEM: YOU’RE NOT IMMUNE FROM THE DOJ!
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THE TRUMP DOJ IS TARGETING FIRST: WHITE-COLLAR HEALTHCARE, AND LIFE SCIENCES.
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WHILE THE CHARGES TODAY ARE CIVIL AND FINANCIAL, TAKE THESE SERIOUSLY. CIVIL TODAY CAN BECOME CRIMINAL TOMORROW.
GET LEGAL ADVICE – YESTERDAY.
False Claims Act enforcement expands amid shifting white-collar landscape _ Reuters, 6/16/2025
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CIVIL
From January 1 to May 31, 2025, the Department of Justice (DOJ) reported approximately 128 FCA settlements, totaling an impressive $1.257 billion, reflecting a robust enforcement strategy.
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The Department of Justice (DOJ) has taken a bold step by filing a False Claims Act (FCA) lawsuit against major insurers—Aetna, Elevance, and Humana—alongside prominent brokers such as GoHealth, SelectQuote, and eHealth. This lawsuit exposes a deeply troubling scheme in which these insurance companies allegedly provided kickbacks to brokers, steering seniors towards Medicare plans that prioritize profits over genuine patient care. Such actions pose a grave threat to the integrity of our healthcare system and jeopardize the well-being of our most vulnerable seniors. The implications are profound, raising urgent questions about accountability and ethical standards in healthcare delivery.
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Civil Rights Fraud Initiative
The memorandum directs the Department of Justice to vigorously pursue False Claims Act actions against any federal contractor or recipient of federal funds that knowingly infringes upon federal civil rights laws, particularly in matters concerning race, ethnicity, or national origin. In a bold move, President Trump has issued an Executive Order mandating federal and state agencies to implement measures that restrict access to medical treatments related to gender transition for minors, even with parental consent.
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Scrutiny of Hospital–Physician Relationships Continues, 6/26/2025
⇑ HOSPITAL AND PHYSICIAN(CRIMINALLY) INDICTED ⇑
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The federal government’s intense scrutiny of the relationships between hospitals and physicians is set to persist through 2025. It’s clear that healthcare fraud and abuse (as defined by DEI) remain among the highest priorities for federal oversight. This is a critical moment for healthcare providers to reassess and strengthen their compliance programs. By actively reviewing their policies and ensuring staff adherence, providers can take proactive steps to enhance compliance and protect their operations from potential legal repercussions.
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Health Care Fraud Enforcement Under Trump Vs 2
- Expect continued focus on healthcare fraud, the single largest driver of the federal government’s enforcement.
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His Nominee
Dr. Mehmet Oz, the nominated Administrator for the Centers for Medicare and Medicaid Services (CMS), has described traditional Medicare as “highly dysfunctional.”
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He has shown his support for Medicare Advantage while simultaneously expressing strong disapproval of traditional Medicare. In the realm of healthcare fraud enforcement, clinical laboratories often come under scrutiny, particularly those involved in diagnostic and genetic testing, which may involve the performance of medically unnecessary tests. Additionally, Medicare payments for durable medical equipment (DME) and related medical supplies are frequently examined, with a focus on billing practices, coding accuracy, medical necessity, and potential kickbacks that could compromise the integrity of the system.
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Health Care Fraud Law in the Courts
2024 underscored the importance of taking certain cases to trial.
It is crucial to meticulously assess these issues at every stage: during the motion phase, throughout the trial, and, when necessary, on appeal. Fraud cases, especially those related to health care, frequently hinge on complex questions of intent that are best evaluated by a jury of one’s peers. This rigorous examination ensures justice is served and reinforces the integrity of the judicial process.
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MY TAKEAWAY – RECOMMENDATION
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Risk-Adjustment Coding in 2025:
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In 2025, commercial insurers, particularly those managing Patient Protection and Affordable Care Act (PPACA) marketplace plans and employer-based products, are heavily relying on risk-adjusted payment models.
- This evolution is here,
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- Health Information Management (HIM) professionals and
- Coding teams into new territory, where
- Documentation integrity,
- Chronic disease capture, and
- Accurate coding is essential
- Clinical Documentation Improvement (CDI)
- Expand CDI efforts beyond inpatient settings to focus on physician offices, clinics, and telehealth visits;
- Pre-visit planning
- Chart auditing: Regular
- Advanced data analytics and artificial intelligence (AI)-driven coding support tools can greatly assist but do not replace clinical judgment and coding expertise.
- The integrity of the data remains a human responsibility.
This is a statistical process that modifies payments based on a patient’s disease burden and demographic risk.
Conclusion
- Risk adjustment has matured from a niche Medicare concern into a universal driver of revenue, quality, and compliance across the healthcare continuum.
- More or as Important: this appears to be a legal defense necessity.
- You will not appreciate all of your efforts and attention to detail until you are sitting across the table from your counsel, who is now more at ease after reviewing all of your records – before your sit down with the DOJ.