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.

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.

Keywords: Food Insecurity; Fraud; Inducements; Legal Reform; Nutrition Insecurity; Social Determinants Of Health.

Publication types

  • Research Support, N.I.H., Extramural
  • Research Support, Non-U.S. Gov't

MeSH terms

  • Delivery of Health Care
  • Food
  • Food Assistance*
  • Food Supply
  • Fraud*
  • Hospitals
  • Humans