Deeper Than The Headlines: Unnecessary Procedures on Dialysis Patients


Transcript:
Welcome everybody to another brief video in our deeper than the headline series. I am CJ Wolf for Healthicity.
And in this series, we we try to just go a little deeper than what you you can read easily in these headlines of compliance or coding types of, settlements or enforcement actions. Now today's, headline that we wanna talk about, the case is not fully finalized yet. We're kind of in the middle of it, but there's been a lot that's been shared.
This case has to do with the nephrology procedures, and imaging procedures on patients with end stage renal disease, people who are getting regular dialysis. And this is taking place in the state of New York, allegedly.
So, again, kind of our disclaimer here is that these are allegations, of of fraud, and they have not and nor do they usually go to trial. Usually, there's a settlement. This one, we don't know yet. They're in the middle of it. So we'll see if it proves to to turn into something or not, but it's interesting nonetheless.
And there there's some insight that we can gain just to you know, what can we learn from this? How can we avoid, noncompliance, you know, even even if this particular case turns out to be nothing or it turns out to be something, we could still learn from the allegations.
Now, what's interesting here is that it's two physicians who were the, qui tam relators or whistleblowers, and they are both nephrologists. And what they're claiming they're it's a long story, and we have only a few minutes here in this video to to kinda go a little deeper into the headlines. But the allegations are, you know, when a when a patient has die is on dialysis, one of the most important things medically is that they have access to their blood system, right, to their their cardiovascular system so that they can remove blood, send it through a dialysis machine, clean the blood, and put it back into the body. But you can't do that just drip, drip, drip, drip. You need a certain amount of volume of blood, and you need constant good access.
And you can't just be sticking, you know, a vein, here and there. And so oftentimes, a surgical fistula will be created. The fistula is when, to simplify things, an artery and a vein are surgically connected.
You get you get a larger flow of blood and the stronger access sites of because people on dialysis are often hemodialysis or getting dialysis, three, sometimes four times a week.
And so for the for a long period of time, years, if not the rest of their lives. And those fistula can sometimes become, they can get clots. They could start to stenose or narrow, and you can get some issues, that's gonna affect dialysis.
But not every patient has that. And what was alleged here is that the the the organization was setting up automatic imaging studies of those fistula even if the clinical criteria did not say it was always medically necessary.
So dialysis was not being effect you know, the effectiveness or efficiency of dialysis was not being affected, but yet these patients were were scheduled for what they call fistulagrams when you inject contrast or dye into the bloodstream and take a picture with an X-ray machine to look and see, is that fistula narrowed? Is there a clot in there? What's going on?
And if there's narrowing, you you might do an angioplasty, which is kind of inflate a balloon. I'm I'm simplifying things here for the short amount of time we have on this video.
But, basically, the allegation by these two nephrologists was that this this organization was setting up automatically doing these diagnostic imaging studies called fistulagrams and then some sort of therapeutic procedure like an angioplasty.
And, what's what's interesting when you read into this a little bit more is they they get into the details of what clinical criteria usually are necessary during dialysis. So if somebody does have some sort of blockage in the fistula or is having some sort of access issues or or potential problems, Some of the clinical criteria, lab work, and those sorts of things, flow, metrics will show that that there could be something wrong with the fistula while the patient is having dialysis. And maybe in those circumstances, it's appropriate then to go ahead and order these imaging studies and then therapeutic studies if the imaging study shows that there's a blockage.
But, because it's pretty common, that that these types of things happen or at least it's not rare, sometimes people might get and, again, these are all allegations, might get overzealous and say, let's just set up patients. Let's be super efficient. Let's just set up patients to have these tests done all the time, right, so that we prevent this. Well, from a Medicare and a Medicaid standpoint, that, in their argument, does not meet medical necessity for doing these procedures.
And so those have to be individual individually based decisions based off of the medical necessity given the clinical criteria and circumstances of that given patient at a certain point in time. So what's interesting here is that the United States has intervened or joined the whistleblower lawsuit.
So from a federal government standpoint, they are going to look into it. We'll provide you the link, to the story as well as at the bottom of that story, you can actually download the actual, complaint that the government is filing, and they have examples of patients.
Not I don't believe there's any, patient identifying information, but they give examples of of of patient a and patient b, etcetera, showing what's going on and what's wrong with that. But also, just in the last few months, probably last six months, the attorney general for the state of New York has also joined the filed lawsuit, for the Medicaid claims. And what's interesting here and, of course, there's multiple sides to these stories, and we'll see how all this plays out.
But, in their complaint, they they give some examples, and they probably pick some extreme examples to to make a splash. But they they give an example of a forty one year old, end stage renal disease patient in New York undergoing at least twenty seven unnecessary angioplasties from a certain, time period.
And then, another patient, in Brooklyn, an eighty year old end stage renal disease patient allegedly underwent at least fifteen unnecessary angioplasties during the same time period. So these are these are interesting.
Medical necessity is always interesting because there a lot can be argued on on both sides.
The arguments here are at least being brought forward by two nephrologists, individuals who who have some expertise, in this area. And and, so the clinical, why this is an interesting one to go deeper on, is they they provide some of the clinical requirements that they feel must be met before you do a, fistulagram and an angioplasty. Remember, fistulograms and angioplasties, though they might not be deemed super high risk, there's always risk with doing medical procedures. So it's not appropriate to put patients under, you know, the risk of of medical procedures, if it's not truly medically necessary.
And, keep in mind too that the medical necessity requirements for a payer may be different than the clinical threshold for which to do the the clinician might say, oh, I'm gonna order this test. So, Medicare, what would I don't speak for them, but, assuredly, I I believe they would say, we're not telling doctors how to practice, but we're telling you what we, as a payer, will and will not pay for. And so, that's where these false claims act cases come in, and and all of this is, going to be very interesting to follow.
And maybe we'll have a follow-up on another deeper than the headlines video. Thanks for watching this one, and look for the links to these stories.
Sources:
- Federal Government: https://www.justice.gov/usao-edny/pr/united-states-files-claims-alleging-fresenius-vascular-care-inc-defrauded-medicare-and
- New York State: https://ag.ny.gov/press-release/2023/attorney-general-james-sues-fresenius-vascular-care-subjecting-vulnerable
This transcript has been auto-generated. Please forgive any mistakes.
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