Question

1. Describe in detail Saul's ethical dilemma.

2. Why would Medicare fraud be a white-collar crime? What punishment do you think best fits someone guilty of Medicare fraud in the amount of $75,000? Why?

3.Describe in detail how you would advise Saul to approach the situation. Do you have any other approaches that would be useful?

178 paperwork and checked files, these charges to Medicaid. appeared to increase, dating back at least five years. Saul approached his brother. "Robert, are you aware you charged Medicaid for Mr. and Mrs. Bennett's visits? "Hmmm. Let me see the paperwork," Dr. Smith asked. Saul handed it to him. Dr. Smith glanced at the document and said, "Yes, they are over age 65, so I made a bill for Medicaid." "But we have records they paid you with cash." Saul replied. He handed Dr. Smith an old receipt. "And there are similar instances with some of your other patients. Besides, Medicaid is for low-income patients not the elderly. Mr. and Mrs. Bennett are clearly not low-income. Looking a little bit flustered, Dr. Smith replied "Saul, you know how I am with details. I'm no good at it. That's why I hired you. Thanks for catching my mistake" Dr. Smith walked back into his office and shut the door leaving Saul standing in the hallway with a stack of files Saul knew what his brother gave up for their family and the good he did for the families in this small town, but he was convinced these charges were not accidental. There were too many of them and the amount of money charged exceeded $75,000 "What happened to all that money?" Saul won- dered. He also wondered how to handle the situation. He thought to himself, "How can I report this without send- ing Robert to jail? If I don't report it and Medicaid finds out, I could go to jail and lose my accounting license. This is such a small town. If anybody finds out, we'll never live it down." At that moment, the phone rang, and Saul was the only one there to answer it. RESOLVING ETHICAL BUSINESS CHALLEN Dr. Robert Smith owned his family practice for over 20 vears. He came from a family of success. His father was a brain surgeon and his mother a well-known author. His wounger brother, Saul, owned his own accounting firm for several years, but came to work with Dr. Smith after he sold it for a modest amount. After graduating at the top of his class from Johns Hopkins Oniversity, Dr. Smith was awarded a cardio- thoracic surgery fellowship in New York. He spent few vears there and was well on his way to fulfilling his dream of becoming a heart surgeon. During this time. however, his father became ill. Dr. Smith decided to return to his hometown of Zoar, Ohio, to take care fhim. Under Dr. Smith's care, his father started show- ing signs of improvement. He was glad not only for his father, but that he could go back and continue his pur- suit of becoming a heart surgeon. On the day he was set o leave, his mother became ill and died a few days later from a rare form of cancer that showed no symptoms. The devastation hit the family hard. Saul was still in col- lege, and Dr. Smith's father needed someone to be with him at all times. Dr. Smith decided to stay in Zoar to take care of his father. He opened up a family practice in the town, thus putting his dream of becominga heart surgeon on hold indefinitely Over the years, Dr. Smith sometimes felt regret that he never achieved his dream, but his job as the town doctor has been fulfilling. Now Saul was working with him, helping with the business. This made things sig- nificantly easier for Dr. Smith, who haphazardly kept his own books and patient files. One day, as Saul orga- nized Dr. Smith's piles of paperwork, he noticed there were charges to Medicaid that must be a mistake. While most of the population of Zoar, Ohio, was considered low-level income and qualified for Medicaid, this was not the case for all patients. There were several elderly middle- and higher-income families who regularly vis- ited the office and usually paid with a check or cash. Saul assumed his brother's administrative office skills were QUESTIONS EXERCISES 1. Describe Saul's ethical dilemma. 2. Why would Medicare fraud be a white-collar crime? 3. How should Saul approach the situation? poor and aimed to fix it. However, as Saul organized the This case is strictly hypothetical; any resemblance to real persons companies, or situations is coincidental.

Answer 1

1. The ethical dilemma that Saul is facing is to report his brother Dr. Robert Smith’s Medicare fraud to the authorities or not. If the Medicare authorities find it out, Saul might lose his license. If the people of the small town find it, then they would never allow them to live through.
2. The Medicare fraud is considered as a White Collar crime because white collar crimes are committed based on the position or authority of the person who has looted large sums of money from others. They would not have used any violence, illegal activities or any other drug related crimes. These are called white collar crimes because the person holds a respectable position before the fraudulent acts are discovered. The punishment that needs to be given to someone guilty of Medicare fraud in the amount of $75,000 is to cancel the license to continue the health care profession. A health care provider is trusted by the patients and the Medicare fraud is taking advantage of the trust of the patients. Hence, the best punishment is to cancel the degree and the license of the health care professional.
3. Ethically speaking, Saul should take an ethical decision that is based on the morals and does greater good to the greater number of people. According to the Utilitarian ethical theory, an act is considered correct if it does greater good for a greater number of people. Hence, per the Utilitarian theory, Saul should report the fraudulent act to the Federal authorities to curb further fraudulent activities. This would provide greater good for a greater number of people in the society including the elderly people.