The disclaimer here is that I'm with
@TheWallnerus on this...but am also unable to provide evidence right now. Sorry friends.
People think that the relationship between medicine and insurance is much more robust than it actually is. Especially in RadOnc.
Private insurance is much closer to a franchise model than a monolith. We often talk (and publish) as if BCBS is the same for all of us.
It's actually like McDonalds. Yeah, there's a centralized office. They run on the same systems, use the same words and products.
But the McDonalds you go to on Broadway is not the same as the McDonalds you go to on Park Ave. The BCBS plan a patient in Maine has is not the same BCBS plan a patient in Idaho has. So when we argue/debate each other about our insurance issues - both "sides" can be right. Maybe the ice cream machine on Broadway really does work all the time, and the ice cream machine on Park Ave is always broken.
Folks talk about "underbilling" with a tone of legality. Insurance is not medicine. Delivering radiotherapy and billing at rates for a cheaper version of radiotherapy is not against the law. No private company is going to get mad about it. You're saving the company (and the patient) a ton of money and the company had to do zero work to make it happen. It's their dream. They wish we did this all the time.
CMS can be a different tale. The government is weird. Yes, by the literal definition - billing the government for a cheaper course of radiotherapy is "fraud" - you're telling them you're doing one thing but actually doing another.
It's fraud in same direction, though. You're saving the government and patient money.
Playing this out - what could happen if you bill Medicare for IMRT but deliver protons? First, it could be discovered during a RAC audit. Despite the perception...RAC audits have changed a lot. They're actually relatively new - showing up in 2005. But it was regional. They only came out nationally in 2010. They exploded for a few years.
Technically they got paid on contingency, and were incentivized to recover dollars. Popping clinics for underpayments is NOT recovering dollars, but underpayments were still in their purview. Regardless...CMS decided that things had gotten insane and reformed them in 2018. When was the last time you heard about a clinic doing a RAC audit? For me, it was a non-RadOnc practice and the year was...2018. I personally don't know of any in the last 5 years.
We also have everyone's favorite: qui tam or "whistleblower" risk. Most people don't know how this happens either - we talk like it's "you tell the government something is happening, the government investigates and prosecutes".
The government isn't involved at all in the beginning. You have to go to private law firms with your case. The private firms have to choose to take the case. Then, the private firm has to convince the government to take the case.
The government can (and often does) choose to not pursue a whistleblower complaint. In that instance, the whistleblower (relator) and private firm can still proceed - but without the government's assistance (as in - pay for the entire thing). You ever heard of a Medicare whistleblower case happening without the government's involvement?
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But, at the end of the day - the "truth" often doesn't matter. The billing department is
technically correct labeling billing protons as IMRT as "fraud" - saying you're doing one thing but doing something else - and that's the end of the story.
AMERICA!