Alexander Kirkpatrick recently achieved two successful, and highly unusual, outcomes for two physicians whose Medicare billing privileges were revoked by the Centers for Medicare & Medicaid Services (CMS). Both cases involved the CMS revoking billing privileges for three years based on erroneous billing for medical services after a patient’s death. The errors stemmed from human data entry rather than fraud. In both cases, identifying information on a patient was mistyped by a billing company, resulting in a bill for the wrong patient. Though none of the billed claims were paid, the CMS deemed the accidental billings to be abusive and revoked both physicians’ privileges for a period of three years. Appealing to the Departmental Appeals Board of the U.S. Department of Health and Human Services, Alexander Kirkpatrick was able to get the revocations rescinded with the physicians’ agreement to take effective steps in preventing these types of errors in the future. On the appeal, Alexander presented expert opinion demonstrating that infrequent human error triggers harsh and unwarranted revocation.
Prior to these two cases, Kirkpatrick was able to get CMS to withdraw a revocation and retroactively reinstate an orthopedic surgeon last year. He has also recently been retained in three other pending revocation matters because of his expertise in analyzing the best way to approach these particular issues.