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Office Manager of doctor indicted for $23M in healthcare fraud pleads guilty

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A surgeon and his office manager billed Medicare and Medicaid for more than 3,000 surgeries that never happened. In the process they stole $23M.

 
 

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

 
 

Kimberly Austin changed her plea in a hearing on the afternoon of Nov. 13.(WCTV)

TALLAHASSEE, Fla. (WCTV) – The office manager of Dr. Moses deGraft-Johnson plead guilty to one count of conspiracy to commit healthcare fraud on Friday. Kimberly Austin changed her plea in a hearing on the afternoon of Nov. 13.

Austin and deGraft-Johnson were indicted in February; the 58 count indictment alleges that they defrauded Medicare and Medicaid, billing for surgeries that were never performed. Prosecutors say the improper billing hit $23 million; they said in 3,600 surgeries billed over five years, 85 to 90% never happened.

Prosecutors also say the surgery deGraft-Johnson claimed to perform is “relatively rare,” and that he did not have enough of the devices required to do the surgeries.

The two worked at the Heart and Vascular Institute of North Florida.

The change of plea hearing for Austin lasted about 45 minutes, with the Judge checking that her guilty plea was not coerced and ensuring it is “voluntary and factual.”

Austin faces up to 10 years in prison for the conspiracy charge.

During her testimony, she said she was born, raised, and has always lived in Sneads, Florida.

She was visibly shaken during the testimony in front of Judge Mark Walker.

“It’s readily apparent to me that you’re upset, that you’re remorseful,” said Judge Walker. “I can tell this is a big deal to you.”

The Judge went over three documents during the hearing: a plea agreement, a supplemental plea agreement, and a statement of facts. He explained that it is up to the prosecutors to file a substantial assistance motion, depending on her testimony.

The statement of facts was 59 pages; Judge Walker cross-checked certain aspects with Austin.

“He used your assistance to pull of his scheme, correct?” he asked.

“Yes, sir,” said Austin.

“You admit you helped him commit healthcare fraud?”

“Yes, sir,” said Austin.

Austin testified that she covered for the doctor when patients called and complained, and said she knew he was billing for procedures that took place when he was out of the office.

She is out of custody under the conditions previously set by the magistrate judge. Austin’s sentencing is set for 2:30 p.m. on March 18; deGraft-Johnson’s trial is set for Jan. 25.

 
 

 
 

Clipped from: https://www.wctv.tv/2020/12/14/office-manager-of-doctor-indicted-for-23-million-in-healthcare-fraud-pleads-guilty/

 
 

 
 

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Kentucky dentist who pulled good teeth sentenced to prison | Lexington Herald Leader

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A Kentucky dentist plead guilty to stealing $70,000 from Medicaid in an upcoding scheme.

 
 

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

Crime


By Bill Estep

December 17, 2020 09:27 AM

An Eastern Kentucky dentist who admitted getting higher payments from Medicaid through inflated bills has been sentenced to four months in prison.

Denver “Dickie” Tackett also must serve six months of home detention after his prison sentence, repay $70,012 to Medicaid and pay the government $20,000.

U.S. District Judge Gregory F. Van Tatenhove sentenced Tackett on Tuesday.

Tackett, who practiced for more than 30 years at McDowell, in Floyd County, pleaded guilty in August to a charge of health care fraud.

Tackett acknowledged that he submitted claims for treating patients that were not reasonable and necessary between 2003 and 2018.

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One example was that he filed claims to be paid for performing more complex surgical tooth extractions when he had only done simple extractions, which were reimbursed at a lower rate, according to the plea agreement.

Tackett billed Medicaid for some medically unnecessary procedures; submitted claims for providing emergency care without sufficient justification; and filed claims to get paid for procedures related to an earlier unnecessary extraction, the plea agreement said.

Tackett acknowledged pulling people’s teeth when it wasn’t necessary, but his attorney, Andrew L. Sparks, said patients asked Tackett to do that.

It was not uncommon for people to ask to have their teeth pulled while the service was covered by Medicaid out of concern that they would lose coverage later, Sparks said in a sentencing memorandum.

The indictment in the case also charged Tackett with 15 counts of improperly distributing opioid pain pills, but those charges were dropped as part of the plea.

Sparks sought probation for Tackett, noting letters of support that described Tackett as a caring, dedicated dentist who worked long hours to help people, treated patients even if they couldn’t pay and sometimes paid for a patient’s prescription.

One woman described how her son damaged a front tooth playing basketball and Tackett opened his office at 7 p.m. on Christmas Eve to treat him, saving the tooth.

Tackett, who is an ordained minister through the United Methodist Church and the Assembly of God Pentecostal Church, was not motivated by a desire for wealth, according to the sentencing memo.

“Dr. Tackett’s history and characteristics show a man dedicated to his faith, his family and his patients,” the memo said. “These letters make clear that Denver Tackett is a good and decent man.”

Sparks argued Tackett had been punished enough by losing his practice.

Prosecutors argued for a sentence of 18 to 24 months, saying the health care system depends on providers being trustworthy and assumes that they will only bill for necessary services they actually perform.

A review by a consultant at the University of Kentucky showed a pattern by Tackett of prolonging treatment and performing procedures patients didn’t need, resulting in payments to him, prosecutors said.

Prosecutors also argued that prescriptions Tackett wrote for opioid painkillers played a role in the drug problem.

“Several of these patients told investigators that they became addicts as a result of Dr. Tackett’s prescriptions or that Dr. Tackett contributed to their addictions by continuing to prescribe controlled substances to them,” prosecutors wrote.

Tackett was among 60 health providers in seven states charged in April 2019 as part of an investigation of alleged improper prescribing.

Some other providers charged in Kentucky in the roundup have also been convicted.

Clipped from: https://www.kentucky.com/news/local/crime/article247913615.html

 
 

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Two area home health agency owners charged in health care fraud and illegal kickback scheme | Woodlands Online

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Charlz and Angela Bisong of Texas paid Medicare members to sign up for unneccessary services so they could steal $10M from Medicare.

 
 

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HOUSTON, TX — Two home health agency owners are set to appear in federal court on charges they fraudulently billed more than $10 million to Medicare, announced U.S. Attorney Ryan K. Patrick.

Authorities arrested Tataw Charlz Bisong and Angela Bisong, both 57 and from Stafford, today. They are expected to make their initial appearances before U.S. Magistrate Judge Frances H. Stacy at 2 p.m.


A federal grand jury in Houston returned the indictment under seal Dec. 9, which was unsealed today. It alleges the Bisongs co-owned SierCam Healthcare Services LLC. From 2012 through 2020, SierCam allegedly billed Medicare for home health services that were not medically necessary and often not provided as billed to Medicare. The charges allege the Bisongs paid SierCam patients to sign up for medically unnecessary home health services and provided free transportation and covered the copayments and other fees at doctor’s office visits to facilitate their health care fraud scheme. Additionally, the Bisongs created phony medical records to make it appear the services met Medicare’s criteria for reimbursement, according to the indictment.


Charlz and Angela Bisong are both charged with one count of conspiracy to commit health care fraud, six counts of health care fraud and one count of conspiracy to pay and receive health care kickbacks.


Conspiracy to commit health care fraud and each of the six counts of health care fraud carry a maximum sentence of 10 years in federal prison and a maximum $250,000 possible fine, upon conviction. If convicted of conspiracy to pay and receive health care kickbacks, they also face up to five years in federal prison and a possible $25,000 maximum fine.


The FBI, Department of Health and Human Services?Office of Inspector General and Texas Attorney General’s Medicaid Fraud Control Unit conducted the investigation. The Stafford and Sugar Land Police Departments assisted in the arrests. Special Assistant U.S. Attorney Kathryn Olson is prosecuting the case.


An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.

 
 

 
 

Clipped from: https://www.woodlandsonline.com/npps/story.cfm?nppage=68674

 
 

 
 

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As pandemic tears through Louisiana’s economy, Medicaid enrollment surges by 208,000 | Legislature | theadvocate.com

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COVID has driven a dramatic surge in Louisiana Medicaid enrollment, but the current DHS Director says 160,000 members are ineligible.

 
 

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

Clipped from: https://www.theadvocate.com/baton_rouge/news/politics/legislature/article_0dbc69f6-417f-11eb-b1ad-779ea34243b4.html

 
 

 
 

Culture Aid Nola distributes 10,000 pounds of food to New Orleans residents at Our Lady Star of the Sea church, 1835 St Roch Ave. Monday, May 4, 2020. CAN is no-barrier aid, meaning no paperwork or ID is required to access resources. Culture Aid Nola has distributed just under 40,000 meals since forming at the end of March in response to the COVID-19 crisis. CAN works with local businesses, city council members and non-profits to provide direct food relief , medicaid access navigation, reliable verified health information, aid navigation and other services. CAN also anticipates opening its 4th weekly food pantry soon, which will enable us to serve over 6,500 meals per week. (Photo by David Grunfeld, NOLA.com, The Times-Picayune | The New Orleans Advocate)

 

In February, weeks before Louisiana would discover its first case of COVID-19, the Louisiana Department of Health sent out letters to 24,000 Medicaid recipients, warning they would be kicked off the rolls if they didn’t respond and prove they qualify for the program.

The letters were part of a stricter eligibility system installed a year earlier, which checked the wages of all enrollees every few months, and required them to prove they didn’t make too much money to qualify. As a result, enrollment fell and remained consistently lower than before.

The pandemic prompted a complete turnaround.

After seeing enrollment in the government health insurance program drop by about 3% from 2018 to 2019, the pandemic and coronavirus response legislation passed by Congress caused a spike in Louisiana’s Medicaid population. The number of people covered by the program surged by more than 208,000 from November 2019 to November 2020. That’s a jump of about 13%.

In all, nearly 1.8 million people in Louisiana – about 39% of the state’s 4.6 million residents – were receiving Medicaid as of last month. 

The increase in Medicaid expansion, a part of the Affordable Care Act that Gov. John Bel Edwards put in place shortly after taking office in 2016, was even more dramatic. The number of people receiving insurance from expansion jumped by 116,128, a 25% increase. Expansion covers adults who make up to 138% of the federal poverty line. That’s up to $1,468 monthly for an individual or $3,013 a month for a family of four.

 
 

Medicaid rolls soar in Louisiana: Federal rules prevented the state from kicking people off the rolls, leading to a 13% surge during the pandemic. 

The spike in claims further reveals the scope of the pandemic’s toll on people across the state, many of whom turned to the government health insurance after being laid off.

“We know very well when the economy goes south the demand for public services increases,” said Jan Moller, head of the Louisiana Budget Project. “It’s perfectly understandable and rational that more people would qualify for coverage.”

“This is exactly what the safety net is designed to do, is to pick people up and give them something as basic as health care access at a very uncertain time.”

An historic number of Louisiana residents lost their jobs this year, as the pandemic and government restrictions hammered employers. Moller noted thousands of people dropped out of the labor force entirely, many because they had to take care of children at home with schools closed or shifted online. It’s also possible healthy people who previously qualified for Medicaid because of their low incomes signed up because the pandemic highlighted the importance of having health coverage.

 

Congress in the spring passed legislation that gave Louisiana and other states more money to pay for their share of Medicaid. The Families First Coronavirus Response Act increased the federal match rate by 6.2% for Medicaid, not including the expansion group. That generated about $283 million in savings to the state general fund in the fiscal year that ended this summer, according to state Sen. Sharon Hewitt’s office. Hewitt, a Slidell Republican, chairs the Medicaid Forecasting Panel.

In the current fiscal year, the savings totaled $440 million. The state Legislature used much of the money to pay for other spending priorities, like the state’s bankrupt unemployment trust fund.

In exchange for the windfall, Congress told states they can’t kick people off Medicaid during the pandemic, unless recipients move, die, or request a voluntary termination of their coverage, according to the Kaiser Family Foundation.

 
 

That meant the state suspended the stricter wage verification program, which critics said kicked many people off the program simply because they didn’t fill out paperwork more frequently. Republicans who have hammered the Health Department for what they say is fraud in the state’s program have said the stricter checks are a safeguard against people gaming the system.

Tara LeBlanc, interim executive director of Medicaid at the Louisiana Department of Health, said approximately 160,000 people being covered by Medicaid are ineligible. The agency is working with the feds on how to “end coverage” for people once the federal public health emergency ends.

“Individuals who are ineligible are expected to undergo a post eligibility review,” LeBlanc said in a statement. “It will take approximately six months to conduct the post eligibility review and catch up on suspended renewals.”

Hewitt, the chair of the Senate Republican delegation, said Medicaid was designed as a safety net for people who need health coverage during tough financial times.

“I can’t think of a more challenging financial climate or a bigger need for health care resources for our families than the current COVID pandemic,” she said. “Once this public health emergency is over and we get our people back to work, I look forward to working with the Department of Health to identify those individuals who may have needed Medicaid in 2020, but now have employer-sponsored insurance or are able to purchase health insurance on their own.”

 

Between mid-March and late October of this year, 71,848 people approved for Medicaid were in a household of someone making unemployment claims because of the pandemic, according to Hewitt’s office.

Enrollment trends for another piece of the Affordable Care Act, the individual exchange where people who don’t qualify for Medicaid or receive coverage from an employer can buy health insurance, is less clear.

Becky Mowbray, a spokesperson for the Louisiana Department of Insurance, said in an email new enrollments are down and renewals are significantly up so far, which is consistent with COVID-19-related job losses triggering special enrollment periods for people and increasing enrollment. But full data that captures the bulk of the individual exchange population, those who renew automatically, isn’t available yet.

 

Data from the U.S. Centers for Medicare and Medicaid Services shows enrollment through five weeks was roughly on par with the same time period last year in Louisiana. In 2020, the number of people signing up for insurance through the individual exchange fell to its lowest point on record for a second straight year, as Republicans sued to toss the Affordable Care Act.

Moller said he’s “extremely concerned” about what happens when the public health emergency ends and potentially hundreds of thousands of people receiving Medicaid in Louisiana will likely be disenrolled from the program.

“We want to make sure it’s done in the most orderly careful fashion possible and they don’t just dump tens or hundreds of thousands of Medicaid beneficiaries off the rolls” because of paperwork issues, he said.

 
 

 
 

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Woman ordered to repay $84,000 in Medicaid fraud case

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Curator summary

 

Giovanne Gomez of RI stole $84,000 using her role as a manager at a home health provider.

 
 

 
 

Clipped from: https://www.providencejournal.com/story/news/crime/2020/12/10/woman-ordered-repay-84-000-medicaid-fraud-case/3876383001/

PROVIDENCE — A Providence woman has been sentenced to a year of home confinement and ordered to pay more than $84,000 in restitution to her former employer for her role in a Medicaid fraud scheme, prosecutors said in a statement Wednesday.

Giovanne Gomez, 32, was sentenced last week after pleading no contest to obtaining money under false pretenses from the Rhode Island Medical Assistance Program, according to a statement from the office of Attorney General Peter Neronha.

The charges stem from her role in a scheme to divert Medicaid funds into bank accounts owned and controlled by her and several accomplices, including her husband.


As a manager at a Cranston health care provider to those in need of home-based services, Gomez had access to Medicaid recipients’ records, prosecutors said. Gomez used that information to create fraudulent timesheets in the names of Certified Nursing Assistants for services that were never provided, prosecutors said.

The fabricated timesheets were submitted for payment to Medicaid and were paid by direct deposit into accounts controlled by Gomez and her accomplices, authorities said.

She was sentenced to six years in prison, with a year in home confinement and the remainder suspended with probation.

 
 

Additional article:

 
 

 
 

 
 

Clipped from: https://www.abc6.com/providence-woman-ordered-to-repay-over-84100-after-being-sentenced-for-medicaid-fraud/

 
 

PROVIDENCE, R.I. (WLNE)- A 32-year-old Providence woman has been ordered to pay $84,106.25 in restitution to her former employer after being sentenced to Medicaid fraud charges in Providence County Superior Court.

Giovanne Gomez, 32, plead nolo contendere to two counts of obtaining money under false pretenses from the Rhode Island Medical Assistance Program (Medicaid).

“The charges stem from her role in a scheme to divert Medicaid funds into personal bank accounts owned and controlled by her and several co-defendants” said Attorney General Peter Neronha in a release.

Gomez plead nolo contendere to two counts of obtaining money under false pretenses from the Rhode Island Medical Assistance Program (Medicaid).

She was sentenced to six years at the Adult Correctional Institution (ACI) and one year in home confinement. Gomez will be required to pay back the stolen $84,106.25, prior to sentencing.

According to Neronha, four other individuals were allegedly involved in the scheme, totaling $120,605.78 fraudulently obtained from Medicaid.

Gomez’s husband, Thomas Espinal, 43, pleaded nolo contendere to two counts of maintaining a common nuisance and was sentenced to serve three years of probation.

Anair Centio, Mariser Liranzer, and Martine Silva have all been charged with felony counts in relation to their alleged involvement in the Medicaid fraud scheme.

According to Neronha, Gomez committed Medicaid fraud while employed as a manager at A Caring Experience (ACE) Nursing Services in Cranston.  Here, she had access to Medicaid recipients’ records and access to information of 100 recipients to create fraudulent timesheets in the names of over 30 Certified Nursing Assistants.  These assistants were past or present employees of ACE.

Gomez had been skimming funds into her own bank account as well as the accounts of Espinal, Centio, Liranzer, and Silva from January 1, 2016 up until July 12, 2017, according to the Attorney General’s Office.

ACE reported the suspected Medicaid fraud to the Office of the Attorney General in March of 2017.

Attorney General Peter Neronha detailed the importance of putting an end to this scheme, “The defendant here engaged in a complex, criminal scheme to defraud the Medicaid program of significant funds that are always in short supply and provide critical health care services to our state’s most vulnerable residents.”

 
 

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DMOs Find Less than $400,000 in Medicaid Fraud in 2020 – Texas Dentists for Medicaid Reform

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Curator summary

 

TX annual fraud reporting for 2020 shows fraud reporting for 2 dental plans at less than half for 2019.

 
 

 
 

Clipped from: https://www.tdmr.org/dmos-find-less-than-400000-in-medicaid-fraud-in-2020/

Texas HHS-OIG has just published its report for 2020 on Medicaid fraud uncovered and reported by MCOs in Texas.

The report shows that DentaQuest and MCNA found only $234,098 and $127,264 in Medicaid fraud, respectively for 2020. According to the report, the “totals reflect overpayments reported as recovered by Special Investigative Units on investigations that were not referred to the OIG or were referred but returned to the MCO.”

That’s almost half what they reported for 2019, a total of $799,000, for both companies.

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2020 Estimated Improper Payment Rates for Centers for Medicare & Medicaid Services (CMS) Programs | CMS

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Latest Payment Error Rate report from CMS show Medicaid at 3x Medicare Part C for improper payments.

 
 

Clipped from: https://www.cms.gov/newsroom/fact-sheets/2020-estimated-improper-payment-rates-centers-medicare-medicaid-services-cms-programs

The Payment Integrity Information Act of 2019 requires CMS to periodically review programs it administers, identify programs that may be susceptible to significant improper payments, estimate the amount of improper payments, and report on the improper payment estimates and the Agency’s actions to reduce improper payments in the Department of Health & Human Services (HHS) annual Agency Financial Report (AFR).

The Office of Management and Budget (OMB) has identified Medicare Fee-For-Service (FFS), Medicare Part C, Medicare Part D, Medicaid, and the Children’s Health Insurance Program (CHIP) as at-risk for significant improper payments. CMS utilizes improper payment measurement programs for these programs and continues to address the drivers of improper payment rates through aggressive corrective action plans.

In response to the COVID-19 Public Health Emergency (PHE), CMS exercised its enforcement discretion to adopt a temporary policy to suspend all improper payment-related engagement/communication or data requests to providers and state agencies between March and August. To minimize burden on providers and states, CMS modified some of the improper payment statistical methodologies to be able to timely report rates in the 2020 AFR based on data already collected at the time of the PHE or that providers or states voluntarily submitted. CMS will still meet the statutory national-level precision requirements that the rates are +/- 3 percentage points at a 95% confidence interval.

It is important to note that improper payment rates are not necessarily indicative of, or measures of, fraud. Instead, improper payments are payments that did not meet statutory, regulatory, administrative, or other legally applicable requirements and may be overpayments or underpayments. Additionally, improper payments do not necessarily represent expenses that should not have occurred. For example, current OMB guidance states that when an agency’s review is unable to discern whether a payment was proper as a result of insufficient or missing documentation, this payment should be considered an improper payment. A significant amount of improper payments is due to instances where a lack of documentation or errors in the documentation limits CMS’s ability to verify the payment was paid correctly. However, had the documentation been submitted or properly maintained, then the payments might have been determined to be proper. A smaller proportion of improper payments are payments that should not have been made or should have been made in different amounts and are considered a monetary loss to the government (e.g., medical necessity, incorrect coding, beneficiary ineligible for program or service, and other errors).

 
 

FY 2020 Estimated Improper Payment Rates and Improper Payments (Billions)[1]

 
 

Program

2019 Improper     Payment Rate

2019 Improper  Payments

2020 Improper Payment Rate

2020 Improper Payments

Medicare FFS

7.25%

$28.91

6.27%

$25.74

Medicare Part

C

7.87%

$16.73

6.78%

$16.27

Medicare Part

D

0.75%

$0.61

1.15%

$0.93

Medicaid

14.90%*

$57.36*

21.36%*

$86.49*

CHIP

15.83%*

$2.74*

27.00%*

$4.78*

*Medicaid and CHIP 2020 estimated improper payments are not comparable to years prior to 2019, due to the reintegration of the PERM eligibility component.

  

  

  

  

 
 

Medicare FFS (Part A and Part B)

CMS estimates the Medicare FFS improper payment rate through the Comprehensive Error Rate Testing (CERT) program. Each year, the CERT program reviews a statistically valid stratified random sample of Medicare FFS claims to determine if they were paid properly under Medicare coverage, coding, and payment rules. The reporting period for the Fiscal Year (FY) 2020 Medicare FFS improper payment rate included claims submitted during the 12-month period from July 1, 2018 through June 30, 2019.

The FY 2020 Medicare FFS estimated improper payment rate is 6.27 percent, representing $25.74 billion in improper payments. This compares to the FY 2019 estimated improper payment rate of 7.25 percent, representing $28.91 billion in improper payments. The decrease was driven by reductions in the improper payment rates for home health and skilled nursing facility claims.

Home Health – $5.90 billion decrease in estimated improper payments (2016 to 2020) due to corrective actions such as policy clarification and Targeted Probe and Educate (TPE) for home health agencies.

  • Skilled Nursing Facility – $1.00 billion decrease in estimated improper payments (2019 to 2020) due to a policy change related to the supporting information for physician certification and recertification for skilled nursing facility services and TPE for skilled nursing facility services.

Medicare Part C (Medicare Advantage)

The Part C improper payment estimate measures improper payments resulting from errors in beneficiary risk scores. The primary component of most beneficiary risk scores is based on clinical diagnoses submitted by plans for risk-adjusted payment. If medical records do not support the diagnoses submitted to CMS, the risk scores may be inaccurate and result in payment errors. The Part C estimate is based on medical record reviews conducted annually, where CMS identifies unsupported diagnoses and calculates corrected risk scores. The FY 2020 Part C improper payment data is representative of enrollee data generated from the Calendar Year 2018 payment year.

For FY 2020, the Part C improper payment estimate is 6.78 percent, representing $16.27 billion in improper payments. This represents a decrease from the FY 2019 rate of 7.87 percent, representing $16.73 billion in improper payments, and was driven primarily by Medicare Advantage organizations submitting a greater number of medical records that validated the diagnoses for which they were paid.

Medicare Part D (Prescription Drug Benefit)

The Medicare Part D improper payment estimate measures the payment error related to inaccurately submitted prescription drug event (PDE) data, where the majority of errors for the program exists. CMS measures the inconsistencies between the information reported on PDEs and the supporting documentation submitted by Part D sponsors including prescription record hardcopies (or medication orders, as appropriate), and detailed claims information. The FY 20202020 Part D improper payment data is representative of PDE data generated from the Calendar Year 2018 payment year.

For FY 2020, the Part D improper payment estimate is 1.15 percent, or $0.93 billion in improper payments. This represents an increase from the FY 2019 estimate of 0.75 percent, or $0.61 billion in improper payments.

Medicaid and CHIP

CMS estimates Medicaid and CHIP improper payments through the Payment Error Rate Measurement (PERM) program. The improper payment rates are based on reviews of the FFS, managed care, and eligibility components of Medicaid and CHIP in the year under review. The PERM program uses a 17-state rotational approach to measure the 50 states and the District of Columbia over a three-year period. By this approach, CMS measures each state once every three years and national improper payment rates include findings from the most recent three-year cycle measurements. Each time a cycle of states is measured, CMS utilizes the new findings and removes the respective cycle’s previous findings. The review period for the FY 2020 Medicaid and CHIP improper payment rate included claims submitted from July 1, 2018 through June 30, 2019.

The FY 2020 national Medicaid improper payment rate estimate is 21.36 percent, representing $86.49 billion in improper payments. The FY 2020 national CHIP improper payment rate estimate is 27.00 percent, representing $4.78 billion in improper payments. Factors that led to  these improper payment rates include:

  • One area driving the FY 2020 Medicaid and CHIP improper payment estimate is the continued reintegration of the PERM eligibility component, which was revamped to incorporate the Affordable Care Act requirements in the PERM eligibility reviews.  CMS will complete the review of the remaining 17 states and the District of Columbia under the new eligibility requirements over the next year and establish a baseline in FY 2021 once all states are measured under the new requirements.
  • Based on the measurement of the first two cycles of states, the major drivers of the increased Medicaid and CHIP eligibility improper payments are a result of the following: 
  • Eligibility errors are mostly due to insufficient documentation to affirmatively verify eligibility determinations or non-compliance with eligibility redetermination requirements. The majority of the insufficient documentation errors represent both situations where:
  • The required verification of eligibility data, such as income, was not done at all and
  • There is indication the eligibility verification was initiated but there was no documentation to validate the verification process was completed, and non- compliance with eligibility redetermination requirements. 
  • The CHIP improper payment rate was also driven by claims where the beneficiary was incorrectly determined to be eligible for CHIP, but upon review was determined eligible for Medicaid, mostly related to beneficiary income calculations, household composition, and third party liability coverage.
  • Non-compliance with requirements for provider revalidation of enrollment and rescreening.
  • Continued non-compliance with provider enrollment, screening, and National Provider Identifier requirements.

Supplemental information related to the FY 2020 Medicaid and CHIP improper payment results will be published on CMS’s website – www.cms.gov/PERM – in early 2021.

Exchange Improper Payment Measurement

While a FY 2016 risk assessment concluded that the Advance Payments of the Premium Tax Credit (APTC) program is susceptible to significant improper payments, the program is not yet reporting improper payment estimates for FY 2020.  CMS is committed to implementing an improper payment measurement program as required by PIIA.  As with similar CMS programs, developing an effective and efficient improper payment measurement program requires multiple, time-intensive steps including contractor procurement; developing measurement policies, procedures, and tools; and extensive pilot testing to ensure an accurate improper payment estimate.  CMS will continue to monitor and assess the program for changes and adapt accordingly.  In FYs 2017 through 2020, CMS conducted development and piloting activities for the APTC improper payment measurement program and will continue these activities in FY 2021.  HHS will continue to update its annual AFRs with the measurement program development status until the reporting of the improper payment estimate.

CMS Actions

CMS is committed to reducing improper payments in the Medicare FFS, Medicare Part C, Medicare Part D, Medicaid, and CHIP programs. While we have made some progress on reducing the improper payment rates in Medicare, we are not satisfied and more work needs to be done to achieve increased and consistent reductions in the future by expanding existing initiatives as well as innovative new processes. CMS’s program integrity strategy relies on a multifaceted approach that includes provider enrollment and screening standards, enforcement authorities, and advanced data analytics, such as predictive modeling. This strikes an important balance by preventing improper payments while reducing the administrative burden on legitimate providers and suppliers. For additional information on the improper payment rate estimates and/or the Agency’s actions to mitigate improper payments, please visit https://www.hhs.gov/about/agencies/asfr/finance/financial-policy-library/agency-financial-
reports/index.html

###

 
 

[1] CMS FY 2020 AFR improper payment data reported does not represent payments that occurred during the COVID-19 PHE period but represent claims submitted July 1, 2018 –June 30, 2019 for the Medicare FFS and Medicaid/CHIP improper payment measurement programs and data generated from Calendar Year 2018 for Medicare Parts C and D improper payment programs.

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Medicaid Fraud Division recovers $45M for MassHealth | Business | berkshireeagle.com

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MA Fraud Unit reported $45M recovered for FY 2020.

 
 

Clipped from: https://www.berkshireeagle.com/business/medicaid-fraud-division-recovers-45m-for-masshealth/article_4f6820fe-238c-11eb-8129-7b69db10f48c.html

BOSTON — The state Attorney General’s Medicaid Fraud Division recently announced that it had recovered more than $45 million for MassHealth during federal fiscal year 2020, which ended Sept. 30.

The division secured 27 civil settlements with various entities, including home health agencies, mental health centers, ambulance providers, and individual doctors and practices. An additional 11 providers and individuals were charged criminally with defrauding MassHealth, and three individuals were charged criminally with abuse, neglect, or financial misappropriation in long-term care facilities.

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Medical Supply Company Settles Medicare Fraud Claims | San Fernando Valley Business Journal

CA, Fraud

 
 

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Curator summary

CA DME company paid $500k to settle false claims charges by Medicare and Tricare programs.

 
 

 
 

Clipped from: https://www.sfvbj.com/news/2020/nov/05/medical-supply-company-settles-medicare-fraud-clai/

Valley Home Medical Supply Inc. in Canoga Park paid a $565,873 settlement after allegations arose that the company defrauded the federal government’s Medicare and Tricare programs.

According to a statement from the Department of Justice on Wednesday, Valley Home allegedly submitted false claims to the federal health care programs for unnecessary medical supplies and supplies never delivered to patients between July 2006 and May 2013.


The settlement resolved a whistleblower lawsuit filed by former Valley Home employee Kari Kitamura. She will receive $124,492 as a result of the settlement, or 22 percent of the settlement proceeds, the Department of Justice said. Valley Home will also pay Kitamura $80,000 for attorney’s fees.


Kenneth Greenlinger of Oxnard, who was chief executive of the company at the time, pled guilty in 2017 to two counts of health care fraud. Greenlinger served an eight-month federal prison sentence and was ordered to pay more than $1 million in restitution, according to the department said.


Assistant U.S. Attorney Lisa Palombo, a representative of the federal civil fraud section, worked with the Federal Bureau of Investigation and Department of Health and Human services on the case.