On December 11, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) published a Special Fraud Alert warning against suspect payment arrangements involving the Medicare Advantage (“MA”) program which could implicate the Federal Anti-Kickback Statute (“AKS”), the False Claims Act (“FCA”), and other health care fraud and abuse laws. These suspect payment schemes can improperly steer Medicare enrollees to specific MA plans or health care providers based upon financial incentives rather than the enrollees’ needs.
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