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09/02/2022 Name Withheld
More Medicare Advantage Fraud
It seems that not a month goes by without another Medicare "Advantage" Plan found to have their hands in the CMS cookie jar, having submitted fraudulent data from your patients charts. The latest carrier being Wellcare of Florida. A recent OIG study released today found that of approximately 270 charts they submitted of high risk patients, less than 1/3 of the charts passed the OIG audit. This leaves an astonishing failure rate of over 65%.
If your practice submitted 65% of your claims fraudulently how long would you be able to stay in practice, escape recoupment and being fit with an orange jumpsuit? It is clear the Feds are happy to uncover this fraud, but the elephant in the room is what is actually being done to the insurance carriers to punish them? Have any executives of any MCR "Advantage" plan gone to jail and have any of these companies paid more than the equivalent of a parking ticket in fines?
CMS on the one hand wants to flush out fraud amongst these carriers but seems to have little desire to put any teeth behind the results of the studies the OIG conducts, which no doubt cost us, the taxpayers millions. The ratio of costs of investigations vs recoupments against healthcare providers is according to some sources as high or higher than 1:10. That is for every dollar spent on investigation, $10 is recouped. Also why not subject these carriers to penalties more in line with False Claim Acts, which can be up to $25K per claim, which at a minimum would be $4.5M just for this small sample of charts. Then CMS could, as they do in cases of provider fraud, extrapolate that into the thousands of charts submitted and the fines would truly be appropriate, possibly hundreds of millions of dollars.
If the OIG and HHS went after MCR "Advantage" executives the same way they go after healthcare providers, then we would see high placed executives' photos in newspapers, perhaps even in PM News, going to jail with fines in the hundreds of millions if not billions of dollars being collected back. Think of what that could do to promote better healthcare for all. And those would truly be an impediment to future fraud.
The question is will CMS ever take such action? The whole idea of "Advantage" plans was for third parties to take the risk and have the Fed gov't get out of the insurance business. Unfortunately as baby boomers become eligible for MCR and people live longer, the costs of healthcare are going to go up. The simple fact is more people are going to need healthcare and more expensive treatments as the population ages. So the entity taking the risk now has to figure out a way to maintain profit. And how is this done?
1) Paying providers less than FFS Medicare, sometimes at 50% or less than FFS Medicare; 2) Instituting Prior Authorizations and care denials which are draconian and counter to MCR FFS policy (this also according to a recent OIG study); 3) And their latest trick, cheating the gov't by attempting to place patients in a higher risk tier to collect more revenue.
This is an accountant's dream: Decrease expenses (Deny care and also pay less to the provider) and increase revenue collect more from the entity from your main client, CMS).
Congress is also now looking into complaints from 15 state insurance commissioners lodged by consumers against Medicare Advantage Plans for deceptive marketing practices. When is enough, enough? When will patients and providers alike realize that the well groomed insurance executives are common thieves and need to pay the piper for their crimes? When will providers simply say, we've had enough of this and have the gumption to drop out of the plans that continue to perpetuate criminal activity. It is time to take a stand!
For more on this story read Wellcare is the latest MCR Advantage Plan found to be Fraudulent
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