Criminalizing Doctors—Yet Again





'The moment the government started paying medical bills under Medicare and Medicaid, doctors became theoretically liable for jail if they billed in a way that the government didn’t agree with. Laws dating from the Civil War say that you can’t make a false claim or false statement to the government without exposing yourself to five years in jail.

In the murky world of Medicare and Medicaid rules, it is very easy to make a false claim. In one experiment, a researcher contacted five different government Medicare billing advisors about a possible claim and got five different answers about how to handle it. So even if a doctor stopped practicing and instead spent full time supervising each and every bill, the government can easily claim error and thus fraud.

It isn’t that every error will be treated as fraud. It is just that it could be. This is a powerful weapon of intimidation and reprisal.'


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