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Is that Hospital Food Pantry an Illegal Patient Inducement? Analysis of Health Care Fraud Laws as Barriers to Food and Nutrition Security Interventions

Landauer, Rachel
Seligman, Hilary
Pomeranz, Jennifer L
Hager, Kurt
Mozaffarian, Dariush
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Abstract

The complex regulatory framework governing the U.S. health care system can be an obstacle to programming that address health-related social needs. In particular, health care fraud and abuse law is a pernicious barrier as health care organizations may minimize or forego programming altogether out of real and perceived concern for compliance. And because health care organizations have varying resources to navigate and resolve compliance concerns, as well as different levels of risk tolerance, fears related to the legal landscape may further entrench inequities in access to meaningful programs that improve health outcomes. This article uses food and nutrition programming as a case study to explore the complexities presented by this area of law and to highlight pathways forward.

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Landauer R, Seligman H, Pomeranz JL, Hager K, Mozaffarian D. Is that Hospital Food Pantry an Illegal Patient Inducement? Analysis of Health Care Fraud Laws as Barriers to Food and Nutrition Security Interventions. J Law Med Ethics. 2023;51(4):889-899. doi: 10.1017/jme.2023.164. Epub 2024 Mar 13. PMID: 38477261; PMCID: PMC10937162.

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10.1017/jme.2023.164
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38477261
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© The Author(s), 2024. Published by Cambridge University Press on behalf of American Society of Law, Medicine & Ethics. This is an Open Access article, distributed under the terms of the Creative Commons Attribution-NonCommercial licence (http://creativecommons.org/licenses/by-nc/4.0), which permits noncommercial re-use, distribution, and reproduction in any medium, provided the original article is properly cited. The written permission of Cambridge University Press must be obtained prior to any commercial use.Attribution-NonCommercial 4.0 International