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Do you know the increases?<\/strong><\/em><\/span><\/p>\n The Bipartisan Budget Act of 2018 changed more than just reimbursement. Get to know the substantial civil and criminal penalty updates for things as minor as improperly filed claims.<\/p>\n Among the changes impacting Medicare providers in BBA 18 are some major increases to the Civil Monetary Penalty Law (CMPL) and punishments under the Anti- Kickback Statute (AKS).<\/p>\n Despite a recent increase due to inflation, the changes are pretty significant, suggest attorneys\u00a0Benjamin Fee<\/strong>,\u00a0Ross C. D\u2019Emanuele<\/strong>, and\u00a0Laura B. Morgan\u00a0<\/strong>of\u00a0Dorsey and Whitney\u00a0<\/strong>in online analysis for the Dorsey Healthlaw Group blog. \u201cThe previous statutory maximum penalties had already been increased from the amounts set forth in the statute, and now have been increased even further,\u201d Fee, D\u2019Emanuele, and Morgan note in the blog post. \u201cIt is not clear how inflation adjustments will be applied in 2018 to the new statutory penalty maximums under these laws.\u201d<\/p>\n Here is a quick overview of the biggest changes:<\/p>\n Civil.\u00a0<\/strong><\/span>CMP increases for improperly filed claims under Section 1128A of the SSA (42 U.S.C. 1320a\u20137a(a)), according to the Budget Act text: $10,000 to $20,000; $15,000 to $30,000; and $50,000 to $100,000.<\/p>\n Maximum penalty increases for providers to reduce or limit services to Medicare beneficiaries under Section 1128A of the SSA (42 U.S.C. 1320a\u20137a(b)): $2,000 to $5,000; and $5,000 to $10,000.<\/p>\n Criminal.<\/span>\u00a0<\/strong>Under the Budget Act, \u201ccriminal penalties for acts involving federal health care programs under [1128B of the SSA] 42 U.S.C. \u00a7 1320a\u20137b, including but not limited to the Anti-Kickback Statute\u201d were raised, the Dorsey and Whitney attorneys note in the blog. Those increases include: $25,000 to $100,000; $10,000 to $20,000; and $2,000 to $4,000.<\/p>\n For false statements and representations, AKS abuses, and excess charges, the maximum prison sentences went from \u201cnot more than 5 years\u201d to \u201cnot more than 10 years,\u201d states the BBA 18 text.<\/p>\n Warning:\u00a0<\/strong><\/span>\u201cThese provisions of the 2018 Budget Act demonstrate the federal government\u2019s continued commitment to aggressively pursue alleged fraud, waste, and abuse affecting federal healthcare programs,\u201d cautions law firm\u00a0Chilivis, Cochran, Larkins & Bever\u00a0<\/strong>in analysis of the changes in a blog post.<\/p>\n Source- SuperCoder<\/span><\/i><\/a><\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":"