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November 3, 2020

Reconsidering Health Care Fraud and Abuse Laws

Author Affiliations
  • 1Harvard Law School, Boston, Massachusetts
  • 2Deputy Editor, JAMA
JAMA. 2020;324(17):1735-1736. doi:10.1001/jama.2020.19795

When financial incentives influence physicians’ clinical decision-making, there may be cause for concern. Not all inducements aimed at affecting the utilization of medical services, however, are ill-intentioned. At a time when medical spending is stressing the US health care system, financial inducements aimed at encouraging cost controls or improving outcomes should be supported. To more accurately distinguish between public-minded vs detrimental financial inducements, the time has come to revisit the health care fraud and abuse laws that regulate these inducements.

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