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Increasing OIG and DOJ telehealth fraud enforcement likely on horizon

Michael Podberesky (mpodberesky@mcguirewoods.com) is a Partner in the Washington, DC, office; Andrea Lee Linna (alinna@mcguirewoods.com) is a Partner in the Chicago office; and Amanda Ray (aray@mcguirewoods.com) is an Associate in the Chicago office of the McGuireWoods LLP law firm.

Approximately one year after the Centers for Medicare & Medicaid Services (CMS) modified telemedicine requirements to expand telehealth access during the COVID-19 public health emergency (PHE), recent Department of Health & Human Services (HHS) Office of Inspector General (OIG) statements and Department of Justice (DOJ) enforcement actions indicate that government scrutiny of telemedicine compliance is on the rise. These actions likely represent the tip of the iceberg of an ensuing wave of telehealth-focused audits and enforcement actions.

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