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Strain theory introduction
Case study and white collar crime
Strain theory introduction
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In the United States, Medicare fraud costs the taxpayers approximately 60-250 billion dollars annually (Pande & Maas, 2013). Unfortunately, past steps to deter future criminality of this type of fraud have been fruitless. Similarly, identifying healthcare institutions and professionals that commit fraudulent acts are problematic; due to the differences of services provided to patients. An example, general practice doctors may submit a significant number of billings each month as opposed to an occupational therapist (Musal, 2010). Healthcare institutions may overbill for hospital stays that did not require admission in the first place. Regrettably, identifying offenders and institutions only clarify a portion of the issue. In addition, the need to know which theories can provide an explanation for why the criminal deeds are perpetrated. Essentially, the integration of both neutralization and general strain theories can provide an overall explanation to Medicare fraud.
Medicare fraud can be accomplished in several different ways by medical professional and institutions. In the past, medical professionals in the past have billed Medicare for treatments and equipment that are unnecessary. Overbilling for time not provided in the case of psychiatrists or physical therapists, or services not rendered to the patients at all. Evans and Porche (2005) survey concluded that over 81% of occupational, speech and physical therapists admitted to some form of Medicare fraud. Fraud can be merely cutting sessions short with clients but billing Medicare for the full time allotted or overcharging for their services. Healthcare institutions have admitted individuals when medically unnecessary. Similarly, many hospitals have submitted billing lacking...
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...t, C. S., & Jensen, G. A. (2013, April). Medicare payment generosity and access to care. Journal of regulatory economics, 44, 215-236.
Evans, R. D., & Porche, D. A. (2005). The nature and frequency of medicare/medicaid fraud and neutralization techniques among speech, occupational, and physical therapists. Deviant Behavior, 26(3), 253-270.
Langton, L., & Piquero, N. L. (2007). Can general strain theory explain white-collar crime? A preliminary investigation of the relationship between strain and select white-collar offenses. Journal of Criminal Justice, 35, 1-15.
Musal, R. M. (2010). Two models to investigate Medicare fraud within unsupervised databases. Expert Systems with Applications, 37, 8628-8633.
Pande, V., & Maas, W. (2013). Physician Medicare fraud: Characteristics and consquences. International Journal of Pharmaceutical and Healthcare Marketing, 7(1), 8-33.
Agnew, R. (2011). Pressured into crime: General strain theory. In F. Cullen & R. Agnew (Eds.),
In criminology there are numerous theories as to the causes of different types of crime. These theories are extremely important in the continuous debate of the ways in which crime should be managed and prevented. Many theories have surfaced over the years. These theories continue to be explored individually and in combination, as criminologists search for the best solutions in ultimately reducing types and levels of crime. These theories include rational choice theory, social learning theory, and biology amongst many others. In this case study strain theory will be used to describe the reasons behind the white collar crimes of Charles Ponzi.
(II) The enacting of Medicare Part D in 2006 only helped to fuel America’s hunger for prescription medication. In 2003, President George W. Bush announced and signed the Medicare Prescription Drug, Improvement, and Modernization Act (also known as the Medicare Modernization Act, or MMA) on December 8th. The roughly $400 billion dollar measure was marketed to the American public as something that will provide care for the millions of senior citizens who, at the time, were struggling to afford prescription medication. This was the largest development of Medicare since 1965, which is when the program was initially created, and gave hope to those wishing for positive medical reform. According to title XI of the “Medicare Prescription Drug, Improvement, and Modernization Act of 2003”, the most significant change will be the affordability of prescription drugs by implementing the importation of drugs from Canada, along with necessary safety measures, in order to lessen the cost (United States Congress, 832). For those who were in retirement homes and lacked a steady income, the affordability of drugs was often a deciding factor in the decision to seek medical attention and the idea that those individuals ceased to live simply because they lacked the funds tugged at the heartstrings of many Americans.
Some federal statutes address fraud in government health care programs, and many of these laws vary considerably (Krause 2004). Some of these laws specifically target health care fraud. Example of the laws that the government direct at inappropriate health care activities includes the “Medicare and Medicaid Anti-Kickback Statute and Ethics in Patient Referrals Act (EPRA).”
General Strain Theory was reinvented by Robert Agnew in 1992 and contributed a new perception to the present strain theory that was popularized a couple eras ago (Agnew, 1992). Classic strain theory is connected; first with Merton’s (1938), Cohen’s (1955) and Cloward and Ohlin’s (1960). Founded on Durkheim’s theory of anomie (1893), Merton industrialized his theory of deviancy inside a societal fundamental context. Merton’s interpretation on the topic is that goal-expectation inconsistencies, composed with social stratification generates strain between underprivileged societies in turn leading them to use any means necessary, such as criminal, in order to accomplish socially defined goals (Merton, 1938). Merton specified that deviance was a creation of inconsistency amongst social goals and the genuine means to attain these goals (Smith & Bohm, 2008). Merton shaped a typology of deviance contingent on how diverse human beings adjust to ethnically persuaded strain. Conferring to Merton, crime can be elucidated by the predictable socially acknowledged goals and the conceivable genuine means of accomplishing them.
Fraud is putting the wrong information or up codding the codes on the claim form. This can be done by the doctor, biller and coder, and the patient selling their insurance number to false company. The false company can bill the insurance company, for false information whether it is services, medication,
Jacobson, P. (1999, July/August). Legal challenges to managed care cost containment programs: an intital assessment. Courts & Managed Care, 69-85.
White-collar crime is the financially motivated illegal acts that are committed by the middle and upper class through their legitimate business or government activities. This form of crime was first coined by Edwin Sutherland in 1939 as “a crime committed by a person of respectability and high social status in the course of his occupation.” (Linden, 2016). Crime has often been associated with the lower class due to economic reasons. However, Sutherland stressed that the Criminal Justice System needed to acknowledge illegal business activity as crime due to the repercussions they caused and the damage they can cause to society (Linden, 2016). Crime was prevalently thought to only be
The two major components of Medicare, the Hospital Insurance Program (Part A of Medicare) and the supplementary Medical Insurance program (Part B) may be exhausted by the year 2025, another sad fact of the Medicare situation at hand (“Medicare’s Future”). The burden brought about by the unfair dealings of HMO’s is having an adverse affect on the Medicare system. With the incredibly large burden brought about by the large amount of patients that Medicare is handed, it is becoming increasingly difficult to fund the system in the way that is necessary for it to function effectively. Most elderly people over the age of 65 are eligible for Medicare, but for a quite disturbing reason they are not able to reap the benefits of the taxes they have paid. Medicare is a national health plan covering 40 mi...
Medicare fraud occurs when healthcare providers, suppliers, and private companies charge for services or supplies patients never receive. Additionally, abuse of the Medicare program also occurs because physicians and suppliers do not always follow best medical practices which leads to excessive costs through improper payments, or medically unnecessary services, both of which abuse the program. Conservative estimates suggest he...
Medicare and Medicaid are two of the United States largest broken systems, which must sustain themselves in order to provide care to their beneficiaries. Both Medicare and Medicaid are funding by a joint effort between the federal government and the local state government. If and when these governments choose to cut funding or reduce spending, Medicare and Medicaid take the biggest hit. Most people see these two benefits as one in the same, two benefits the government takes out of their pay check to help fund health care. While the government does deduct a sum from paychecks everywhere, Medicare and Medicaid are very two very different programs.
White collar crimes do not garner as much media attention as that of violent crimes (Trahan, Marquart, & Mullings 2005). This is an odd fact because white collar crimes cost society much more than violent crimes do (Messner & Rosenfeld 2007). While there are many different definitions for white collar crime, Schoepfer and Piquero describe it as a nonphysical crime that is used to either obtain goods or to prevent goods from being taken (2006). People who commit these crimes are looking for personal or some sort of organizational gain and are being pressured to be economically successful from the idea of the American dream. The authors suggest that there are two types of people who commit crimes, those who have an immense desire for control and those who fear losing all they have worked hard for (Schopfer & Piquero 2006). Both groups have different reasons for turning to crime, but both groups commit the crime to benefit themselves. It was found that higher levels of high school drop outs were directly correlated to levels of embezzlement in white collar crime (2006). Because they are drop outs, they are less likely to be successful legitimately and turn to crime more often than their graduate
Rising medical costs are a worldwide problem, but nowhere are they higher than in the U.S. Although Americans with good health insurance coverage may get the best medical treatment in the world, the health of the average American, as measured by life expectancy and infant mortality, is below the average of other major industrial countries. Inefficiency, fraud and the expense of malpractice suits are often blamed for high U.S. costs, but the major reason is overinvestment in technology and personnel.
There are many criminological theories that attempt to explain criminal behavior or crime patterns. For instance, Agnew’s General Strain Theory can be applied to explain why the criminal John Dillinger committed various crimes. Agnew’s General Strain Theory assumes that all individuals experience strain, which, in turn, causes negative emotions that can result in legitimate or illegitimate coping, depending on an individual’s constraints or dispositions. Thus, the continuous criminal behavior throughout John Dillinger’s life can be explained using Agnew’s General Strain Theory in relation to strain, negative emotions, and dispositions.
Strain theories of criminal behaviour have been amongst the most important and influential in the field of criminology. Taking a societal approach, strain theories have sought to explain deficiencies in social structure that lead individuals to commit crime (Williams and McShane 2010). Strain theories operate under the premise that there is a societal consensus of values, beliefs, and goals with legitimate methods for achieving success. When individuals are denied access to legitimate methods for achieving success, the result is anomie or social strain. This often leads an individual to resort to deviant or criminal means to obtain the level of success that they are socialized to pursue. This is the basic premise of strain theory. This paper will explore the evolution of strain theories by first examining their intellectual foundations which laid the foundation for Robert Merton’s theories of anomie and strain. Merton’s strain theory will be discussed in detail including the modes of adaptation that people use when faced with societal strain. Finally, the paper will conclude with the strengths and weaknesses of Merton’s strain theory and an examination of the criminological theories and social policies it has influenced.