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By Louise Herman
Founder

Healthcare represents a massive portion of the U.S. economy, with annual spending approaching 18 percent of the country’s gross domestic product. With such vast sums of money flowing through the system, the healthcare industry has become a prime target for fraudulent schemes that cost taxpayers and patients billions of dollars each year.

The Scale of the Problem

The scale of healthcare fraud is staggering. According to the National Health Care Anti-Fraud Association (NHCAA), financial losses from healthcare fraud reach into the tens of billions of dollars annually. Conservative estimates suggest that at least 3 percent of total healthcare expenditures are lost to fraud, while some government and law enforcement agencies place the figure as high as 10 percent. This means fraudulent activities could be draining more than $300 billion from our healthcare system every year.

The burden of this fraud falls on everyone. When healthcare providers submit false claims or engage in fraudulent billing practices, it drives up insurance premiums and out-of-pocket expenses for patients. Employers face increased costs for providing insurance benefits to their workers, and government healthcare programs like Medicare and Medicaid see their resources depleted by fraudulent claims.

Who Commits Healthcare Fraud?

While most healthcare providers operate honestly and ethically, fraud is typically perpetrated by a few bad actors who exploit the system’s complexity for personal gain. Common schemes include:

  • Billing for services never performed – Submitting claims for procedures or treatments that didn’t actually take place
  • Upcoding – Charging for more expensive procedures than what was actually provided
  • Medically unnecessary services – Performing and billing for treatments that patients don’t need
  • Kickback schemes – Paying for patient referrals or prescribing certain medications in exchange for compensation
  • Unbundling – Breaking up a procedure into separate components to increase reimbursement

The federal government has made combating healthcare fraud a major priority. Recent statistics from the U.S. Sentencing Commission show that the median loss amount for healthcare fraud cases exceeded $1.4 million in fiscal year 2023. Nearly 74 percent of individuals convicted of healthcare fraud received prison sentences, with an average term of 27 months.

Detection and Enforcement 

Whistleblowers play a crucial role in exposing fraudulent practices. The False Claims Act allows individuals who uncover healthcare fraud to file lawsuits on behalf of the government and receive a portion of any recovered funds. These whistleblowers (often healthcare professionals who discover wrongdoing within their organizations) can receive between 15 percent and 30 percent of the amount recovered.

The impact of whistleblower actions cannot be overstated. Healthcare workers who witness fraudulent practices are often in the best position to recognize and report misconduct. Their insider knowledge helps protect patient safety, in addition to helping investigators build more robust cases. 

For this reason, whistleblowers have strong protections. Retaliation against individuals who report suspected healthcare fraud is illegal, and experienced attorneys can help guide you through the process of filing a claim.

Are You a Healthcare Worker Concerned About Fraud? Contact Us Today

At Herman Law Group, we understand the courage it takes to stand up against healthcare fraud. Attorney Louise Herman has successfully represented whistleblowers who have exposed fraudulent practices and helped recover millions in taxpayer dollars. If you suspect healthcare fraud in your workplace, contact us today for a confidential consultation with an experienced healthcare fraud attorney.

Together, we can work to reduce the massive toll that healthcare fraud takes on our healthcare system, helping preserve resources for providing quality patient care rather than lining the pockets of fraudsters.

About the Author
At Herman Law Group, our focus is on safeguarding the rights and careers of employees and businesses alike. With over 35 years of successful legal practice, Louise A. Herman brings an invaluable dual perspective from representing both employees and employers. This unique insight allows us to effectively achieve successful outcomes for our clients in Rhode Island, Massachusetts, and nationwide.