False Claims Act and Whistleblower Protections

Similar documents
Clinical and Administrative Policies and Procedures

SUNY DOWNSTATE MEDICAL CENTER POLICY AND PROCEDURE. No:

Federal and State False Claims Act Education Policy

NewYork-Presbyterian Hospital Sites: All Centers Hospital Policy and Procedure Manual Number: D160 Page 1 of 8

False Claims Liability, Anti-Retaliation Protections, and Detecting and Responding to Fraud, Waste, and Abuse

Effective Date: 1/01/07 N/A

AGENCY POLICY. IDENTIFICATION NUMBER: CCD001 DATE APPROVED: Nov 1, 2017 POLICY NAME: False Claims & Whistleblower SUPERSEDES: May 18, 2009

Cardinal McCloskey Community Services. Corporate Compliance. False Claims Act and Whistleblower Provisions

Corporate Compliance Topic: False Claims Act and Whistleblower Provisions

SOUTH NASSAU COMMUNITIES HOSPITAL One Healthy Way, Oceanside, NY 11572

MSRB Board of Directors Whistleblower Policy and Complaint Handling Procedures

This policy applies to all employees, including management, contractors, and agents. For purpose of this policy, a contractor or agent is defined as:

MENTAL HEALTH MENTAL RETARDATION OF TARRANT COUNTY. Board Policy. Number A.3 July 31, 2001 COMPLIANCE PLAN

C. Enrollees: A Medicaid beneficiary who is currently enrolled in the MCCMH PIHP.

Current Status: Active PolicyStat ID: Fraud, Waste and Abuse

POLICY & PROCEDURE. Policy Title: False Claims Prevention Effective Date: 3/20/2013. Department: Compliance Policy Number: N/A

FEDERAL DEFICIT REDUCTION ACT POLICY

Corporate Compliance Program. Intended Audience: All SEH Associates 2016 Content Expert: Lisa Frey -

Policy to Provide Information for Combating Fraud, Waste and Abuse and the Ability of Employees to Report Wrongdoing

Effective Date: 5/31/2007 Reissue Date: 10/08/2018. I. Summary of Policy

THE NEW YORK FOUNDLING

Section (Primary Department) Medicaid Special Investigations Unit. Effective Date Date of Last Review 01/30/2015 Department Approval/Signature :

Federal Deficit Reduction Act of 2005, Section 6032 on Fraud, Waste, and Abuse

CANADA GOOSE HOLDINGS INC.

DEFICIT REDUCTION ACT AND FALSE CLAIMS POLICY INFORMATION FOR All MASSACHUSETTS WORKFORCE MEMBERS

Governance. Board of Directors. Ion Spor, President Steven Reeve, Director Will Spence, Secretary Terry Good Greg Meeker. Conflict of Interest Policy

DEFICIT REDUCTION ACT AND FALSE CLAIMS POLICY INFORMATION FOR All NEW YORK WORKFORCE MEMBERS

Corporate Legal Policy

CORPORATE COMPLIANCE POLICY AND PROCEDURE

JAMAICA HOSPITAL MEDICAL CENTER

Charging, Coding and Billing Compliance

MEDISYS AMBULANCE SERVICES, INC.

Ridgecrest Regional Hospital Compliance Manual

Anti-Fraud Policy. The following non-exhaustive list provides a few examples of fraud that this Policy is designed to prevent and detect:

False Claims Prevention

WHISTLEBLOWER POLICY

CORPORATE COMPLIANCE POLICY AND PROCEDURE

FRAUD, WASTE, & ABUSE (FWA) for Brokers. revised 10/17

Approval Signatures: *This policy is based on VO legacy policy LC310 issued 12/4/06 and last approved 3/14/14

CARIBBEAN DEVELOPMENT BANK STRATEGIC FRAMEWORK FOR INTEGRITY, COMPLIANCE AND ACCOUNTABILITY PILLARS I, II AND III WHISTLEBLOWER POLICY

What is a Compliance Program?

FWA (Fraud, Waste and Abuse) Training

Revisions to Whistleblowing Policy

Whistle Blowing. Raising Concerns

Cedargate Health Care COMPLIANCE PROGRAM MANUAL CODE OF CONDUCT AND COMPLIANCE GUIDELINES

CORPORATE COMPLIANCE POLICY AND PROCEDURE

OHC CORPORATE COMPLIANCE PROGRAM (ACF & ECF) DOING THE RIGHT THING

D E B R A S C H U C H E R T, C O M P L I A N C E O F F I C E R

Region 10 PIHP FY Corporate Compliance Program Plan

EFFECTIVE DATE August 17, ISSUED BY: Compliance and Legal Department APPROVED BY: Board of Directors

Corporate Compliance and Ethics Policy

EFFECTIVE DATE November 1, ISSUED BY: Compliance and Legal Department APPROVED BY: Board of Directors

Compliance Concerns: Reporting, Investigating, and Protection from Retaliation

CBOE GLOBAL MARKETS, INC. AND SUBSIDIARIES CODE OF BUSINESS CONDUCT AND ETHICS. Adopted October 27, 2017

Medicare Advantage High Level Training

Our core values in action

WHISTLEBLOWER POLICY

LOGIS Code of Business Conduct and Ethics

COUNTY OF RIVERSIDE, CALIFORNIA BOARD OF SUPERVISORS POLICY

SOMERVILLE HOUSING AUTHORITY ANTI- FRAUD POLICY. April 3, 2013

COMPLIANCE DEPARTMENT. LSUHSC-S Louisiana State University Health Sciences Center Shreveport ACKNOWLEDGEMENT RECEIPT

Code of Conduct. This Code of Conduct covers all associates. When appropriate, it also covers all members of the Company's Board of Directors.

Advisory. Connecticut False Claims Act: A New Arrow in the Quiver of State Regulators

Mission Statement. Compliance & Fraud, Waste and Abuse Training for Network Providers 1/31/2019

WHISTLE BLOWER POLICY

Unless otherwise specified, the following terms have the meanings indicated:

April 2015 FC 158/12 E. Hundred and Fifty-eighth Session. Rome, May Anti-Fraud and Anti-Corruption Policy

COMPLIANCE REPORTING AND INVESTIGATION POLICY

BOYD GAMING CORPORATION. CODE OF BUSINESS CONDUCT AND ETHICS (As Amended July 19, 2017)

VNSNY Compliance Orientation

BAY-ARENAC BEHAVIORAL HEALTH AUTHORITY POLICIES AND PROCEDURES MANUAL

Whistleblower Policy

Code of Conduct U.S. Supplemental Requirements

Peoples Bank SB Complaint Reporting Policy

Whistle Blower Ploicy

SALLY BEAUTY HOLDINGS, INC. CODE OF BUSINESS CONDUCT AND ETHICS. General Policy and Procedures

Whistleblowers Policy

TEXAS WORKFORCE COMMISSION LETTER. ID/No: Regulatory Integrity Date: August 17, 2009

LABORATORY CORPORATION OF AMERICA HOLDINGS BUSINESS PRACTICES MANUAL

CODE OF CONDUCT AND ETHICS OF URBAN OUTFITTERS, INC.

CODE OF CONDUCT AND ETHICS OF URBAN OUTFITTERS, INC.

Whistleblowing Policy & Procedures. GFH Financial Group

WHISTLEBLOWERS POLICY REGISTRY DIRECT LIMITED ("Company")

Approval version. G l o b a l P o l i c y : F r a u d R e s p o n s e a n d W h i s t l e b l o w i n g P o l i c y. Board of Directors.

Vendor Information On Our Compliance Program

Fraud, Waste and Abuse: Compliance Program. Section 4: National Provider Network Handbook

TORONTO PORT AUTHORITY CODE OF BUSINESS CONDUCT AND ETHICS. November 29, 2005

This Policy supports our culture through procedures for the receipt, review and retention of Complaints from Representatives or others.

WESCO DISTRIBUTION, INC. CODE OF BUSINESS ETHICS AND CONDUCT

CARIBBEAN DEVELOPMENT BANK STRATEGIC FRAMEWORK FOR INTEGRITY, COMPLIANCE AND ACCOUNTABILITY PILLARS I AND II INTEGRITY AND ETHICS POLICY

PERSHING RESOURCES COMPANY CODE OF ETHICS AND BUSINESS CONDUCT. Adopted as of April 9th, 2018

Eldorado Resorts, Inc. Code of Ethics and Business Conduct. The Code includes standards that are designed to deter wrongdoing and to promote:

Amy Bingham, Compliance Director Reviewed Only Date: 6/05,1/31/2011, 1/24/2012 Supersedes and replaces: "CC-02 - Anti-

Developed by the Centers for Medicare & Medicaid Services Issued: February, 2013

Corporate Compliance Program Prepared With Assistance Of Grassi Healthcare Consulting

Developed by the Centers for Medicare & Medicaid Services

Suffolk Care Collaborative. Compliance Program. And. Compliance Guidelines

KBS REAL ESTATE INVESTMENT TRUST, INC. CODE OF CONDUCT AND ETHICS

NEXUS UGANDA Ltd. WHISTLE BLOWING POLICY OCTOBER 2015

CORPORATE COMPLIANCE GUIDELINES HANDBOOK FOR VENDORS/CONTRACTORS/CONSULTANTS/OTHER PAID AGENTS AND THEIR EMPLOYEES

Transcription:

False Claims Act and Protections Date Implemented: 1/28/2009 Date Reviewed/ Revised: 9/5/2017 Reviewed/ Revised By: SR/KBJ Purpose: To satisfy requirements to provide information and education about False Claims Recover to Oaknoll employees, contractors, and agents pursuant to Section 6032 of the Deficit Reduction Act of 2005 (DRA) which establishes Section 1902(a)(68) of the Social Security Act. Policy: Oaknoll Retirement Residence (Oaknoll) requires directors, officers, and employees to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. Employees and representatives of Oaknoll must practice honesty and integrity in fulfilling their responsibilities and must comply with all applicable laws and regulations. Oaknoll is committed to its role in preventing health care fraud and abuse and complying with applicable state and federal law related to health care fraud and abuse. The DRA requires our organization to provide information and education concerning the federal False Claims Act and other laws, including state laws, dealing with fraud, waste, and abuse and whistleblower protections for reporting those issues. This policy provides detaild information on the following: The Federal False Claims Act under title 31 of the United States Code, sections 3729 through 3733; Administrative remedies for false claims and statements under title 31 of the United States Code, chapter 38; Iowa law pertaining to civil or criminal penalties for false claims and statements (Iowa Code 249A and 685 and Iowa Code sections 714.8(10)- 714.14; and protections under such laws. Procedure: 1. Oaknoll will disseminate this policy and/or otherwise make detailed information or reference, regarding the federal and state laws, readily available to its employees, contractors, and agents through one of more of the following: a. On the website; b. In the employee handbook; c. On the shared drive; d. In contract language; and/or e. On paper copy upon request. 2. The detailed information includes the following:

False Claims Act (FCA) and Protections When a person deliberately uses a misrepresentation or other deceitful means to obtain something to which he or she is not otherwise entitled, that person has committed fraud. The False Claims Act makes it illegal for someone to present false written statements to the Government to improperly obtain more money from the Government than actually owed by that person or company. Examples of common fraud on the Government include: Billing for items or services not actually received; Providing medically unnecessary services; Creating false documentation to support a bill; Using a billing code that provides a higher payment rate than the billing code which actually reflects the service provided; Submitting more than one claim for the same service; or Ignoring a known or suspected violation that would lead to a false claim being submitted. Under the FCA, the person or company accused of fraud doesn t have to actually know that the information it provided to the Government was false. It is sufficient that the person or company supplied the information either: (i) in deliberate ignorance of the truth of falsity of the information; or (ii) in reckless disregard of the truth or falsity of the information. In other words, the FCA is not limited solely to those who intentionally misrepresent facts in order to obtain payments or other benefits from the Governments; it also covers reckless conduct. The FCA makes no distinction between intentional fraud and reckless fraud; both are illegal. The same penalties may be assessed against the wrongdoer. The FCA also holds those persons responsible if the caused misrepresentations to be made to the Government by others. In other words, a person may violate the FCA even if he or she does not actually submit the false information to the Government, but instead creates or provides false information that is then submitted to the Government by another. The monetary penalties for violated the FCA are between $5500 and $11,000 per false claim submitted, plus damages amounting to three times what is owed back to the government, plus the costs associated with litigation to recover the lost money. The FCA is also known as the law in the United States. Whistleblowing is generally defined as the disclosure by a person of mismanagement, corruption, illegality, or some other wrongdoing concerning the use of government funds. The FCA permits any person who discovers a fraud on the federal government to report it through the law s specialized procedures. If the government collects from the fraudulent provider, it permits the whistleblower to share in the proceeds recovered. Beyond permitting the to receive a portion of recovered funds, the FCA also provides protection to employees who are retaliated against by an employer because of the employee s participation in actions. This protection is available to any employee who is fired, demoted, threatened, harassed or otherwise discriminated against due

to the investigation and FCA action. The protection includes reinstatement and damages of double the amount of lost wages and other damages due to discrimination. Preventing and Detecting Fraud, Waste, and Abuse PREVENTION Commitment to Organizational Mission and Core Values: The mission and core values demonstrate the commitment the organization makes to maintain the highest level or professional and ethical standards in delivering exception health care services to our customers. Consistent with these organizational commitments, Oaknoll has developed practices in billing preparation and submission to prevent and detect fraud, abuse and waste in programs funded by Medicare and Medicaid and/or other governmental programs. Corporate Compliance Program: Oaknoll maintains a Corporate Compliance Program that is consistent with federal requirements and guidance issued by the US Department of Health and Human Services Office of Inspector General. This program provides guidance to workforce members, including management, on their responsibilities and to help them determine appropriate conduct in performing their duties. We have established the program and committee within the Board of Directors to oversee and monitor the implementation of the Corporate Compliance Program. All Oaknoll employees, contractors, and agents are obligated to follow the compliance policies and procedures which include a written Standard of Conduct available on our website. Orientation and Training Programs: Oaknoll department managers are responsible to implement effective orientation and training to promote accurate clinical documentation and maintenance of supportive billing records. Oaknoll must provide proper training and resources to our workforce to promote compliance with applicable federal and state laws, including laws, regulations, and policies. Employees, contractors, and agents are required to seek guidance from a supervisor or the Compliance Office when questions or concerns arise. Policies Prohibiting False or Fraudulent Claims: Oaknoll prohibits any employee, contractor or agent from knowingly presenting a claim for payment or approval that is inaccurate, false, fictitious or fraudulent. Compliance with this standard is an important factor in evaluating the performance of an employee or the ongoing relationship with a contractor or agent. Employees, contractors or agents who fail to comply with this standard will be subject to additional training and /or the appropriate corrective action. Effective Enforcement Standards: Oaknoll employees who violate the Corporate Compliance Program policies or other organizational policies may be subject to corrective action and retraining to prevent further recurrence of the violation. In determining the level of corrective action to be taken, management will consider the amount of prior training provided to the employee. It will also depend on the nature, severity and frequency of the violation and may result in any of the permitted corrective actions as provided by law. DETECTION Reporting responsibility: it is the responsibility of all employees, contractors, and agents to report suspected violations of laws or regulations in accordance with this

Policy. Individuals who, in good faith, report a possible violation will not be subjected to retaliation. However, employees who make a report they know to be false or misleading will be subject to appropriate corrective actions. No retaliation: Oaknoll prohibits retaliation and will take no adverse action against persons for making reports in good faith, even if the investigation finds the report is not substantiated. A person who retaliates against someone who has reported a suspected violation in good faith is subject to discipline up to and including termination of employment. This Policy is intended to encourage and enable employees and others to raise serious concerns within the organization prior to seeking resolution outside the organization. Reporting suspected violations: Oaknoll has an open door policy and suggest that employees share their questions, concerns, suggestions, or complaints with someone who can address them properly. In most cases, an employee s supervisor is the best position to address an area of concern. However, if speaking with the employee s supervisor puts the employee in an uncomfortable situation, the employee is encouraged to speak with the Human Resources Manager, Administrator, or Executive Director. For suspected fraud, or for cases in which the employee is not satisfied or is not comfortable with following Oaknoll s open door policy, a report should be made directly to the Oaknoll Compliance Officer. The Compliance Officer has specific and exclusive responsibility to investigate all reports. The Audit Committee Compliance Officer is a Board of Directors member and the Corporate Compliance Officer is an employee. Both are listed below with contact information. o Supervisors and managers are required to report suspected violations to Oaknoll s Compliance Officer. o If a Compliance Officer is not available, any other member of the audit committee or management team may be contacted. Compliance Officer: The Compliance Officer is responsible for investigating and resolving all reported complains and allegations concerning violations and, at his/her discretion, shall advise the Executive Director and/or the audit committee. The Compliance Officer has the authority to delegate investigative responsibility to the appropriate staff member within the organization. The Compliance Officer has direct access to the audit committee and is required to report to the audit committee at least annually on compliance activity. Accounting and Auditing Matters: The audit committee of the Board of Directors shall address all reported concerns or complaints regarding corporate accounting practices, internal controls or auditing. The Compliance officer shall immediately notify the audit committee of any such complaint. Confidentiality: Suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously. Reports of suspected violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation. Handling of Reports: The Compliance Officer will notify the sender and acknowledge receipt of the reported suspected violation within five business days. All reports will be promptly investigated and appropriate correction action will be taken in warranted by the investigation.

Audit Committee Compliance Officer: Other Audit Committee Members: Jim Cantrell Jeff Canfield 102 S. Clinton Street canfieldrm@gmail.com Iowa City, IA 52240 319-356-5864 jcantrell@midwestone.com Corporate Compliance Officer Attn: Kim Bergen-Jackson 1 Oaknoll Court Iowa City, IA 52246 Compliance Fax: 319-466-3023 Compliance Hotline: 319-466-3069 Compliance Email: compliance@oaknoll.com Management Staff: Steve Roe Krissy Gilbreth Executive Director Human Resources Manager Work: 319-466-3006 Work: 319-466-3005 Cell: 319-530-8081 Email: sroe@oaknoll.com kgilbreth@oaknoll.com