ICD Investigation: DOJ Sends Resolution Model To Hospitals

Hospitals across the country received emails from the US Department of Justice on Thursday containing a proposed “Resolution Model” that will allow the hospitals to begin to settle the long-standing and much-feared DOJ investigation into improper Medicare billing for ICDs. The action appears to confirm an article, published earlier in August in Report on Medicare Compliance, that summarized the key details of the novel program.

As reported by ModernHealthcare.com (free registration), the document sent to hospitals contains “instructions to examine questionable implantable defibrillator surgeries on Medicare patients and estimate potential penalties under the False Claims Act.” Some hospitals, according to the story, “have been asked to provide information of hundreds of cases each.”

Hospitals are being asked to perform audits on their cases and to estimate damages, “with the severity of penalties based on whether the hospital had medical reasons to violate CMS rules; if patient harm resulted; if the hospital had prior knowledge or a statistical pattern of non-guideline implants; and if a hospital compliance program was in place.”

Here is the DOJ Resolution Model Summary Chart (click to enlarge):


  1. Carol Kendall, Compliance Coordinator, High Point Regional Health System says

    Has anyone acutally received one of the emails from the DOJ re ICD insertions? I am interested in what person within your organization received the message. I find the use of email for this communication to be unusual. It could be easily overlooked in the large volume of daily messages.

    If you are not willing to state you have received such an email – doubt I would reveal that information – could you share how you are monitoring for receipt of a message?

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