The Recent $1,056,340.50 False Claims Act Settlement

Acupuncture is quickly becoming a traditionally accepted treatment for pain. A twist on acupuncture is electro-acupuncture, and devices that deliver electro-acupuncture to the ear area are commercially available (such as P-Stim, Stivax, NeuroStim, ANSiStim, E-Pulse, and the NSS-2 Bridge).

While newer treatments are fantastic because they give patients and providers more options for care, there’s been a lot of compliance news about electro-acupuncture in the ear area. Specifically, there have been considerable settlements with providers who’ve performed electro-acupuncture using these devices and billed with incorrect medical codes. The most commonly misused codes are L8680 (implantable neurostimulator, pulse generator) and CPT Code 64555 (implanting peripheral nerve neurostimulator electrodes, accessed through the skin).

In the most recent settlements, the government alleges that providers using these devices are not surgically implanting the devices as the billing codes require. Instead, the government contends these devices are affixed using an adhesive behind a patient’s ear. Needles are inserted into the patient’s ear and attached using another adhesive. Once activated, the device then provides intermittent stimulation by electrical pulses. It is a single-use, battery-powered device designed to be worn for approximately four days until its battery runs out, at which time the device is thrown away.

Download this short eBrief, “Electro-acupuncture and the Compliance Problem,” to get the scoop on recent settlements and how you can avoid getting slammed for noncompliance. This eBriefs includes:

• The $1,056,340.50 False Claims Act Settlement
• What Compliance Professionals Can Do
• False Claims and Electro-acupuncture