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- July 1991
-
-
- MEDICAID FRAUD
-
- By
-
- Larry L. Bailey
- Deputy Chief Investigator
- Colorado Attorney General's Office
- Medicaid Fraud Control Unit
- Denver, Colorado
-
-
- In 1965, as part of Lyndon Johnson's Great Society,
- legislation was introduced to create the Medicaid Program. The
- program was designed to provide State-administered financing of
- medical services for needy families.
-
- By 1977, Medicaid was a $19 billion a year program, and it
- was estimated that fraud was costing taxpayers at least $653
- million annually. These losses threatened the integrity of
- Medicaid, and although the Medicaid Program is Federally
- monitored, the original legislation did not specify who would
- investigate and prosecute any suspected cases of fraud.
- Therefore, Congress introduced legislation to form special
- Medicaid Fraud Control Units (MFCU).
-
- Thirty-eight States currently have MFCUs. Most of the
- units are part of State attorney generals' offices, State bureaus
- of investigation, State police departments, State auditor
- generals' offices, or other similar agencies. Wherever these
- MFCUs are located, it is important that local, State, and
- Federal agencies know of their existence, their authority, and
- their function. Many agencies are unaware that MFCUs exist, and
- as a result, opportunities to refer pertinent information to
- them or to combine investigative efforts with them are often
- overlooked. Therefore, law enforcement agencies should be aware
- of the functions of MFCUs and how these units can help them
- investigate Medicaid cases.
-
- This article discusses what MFCUs are, how they work in
- conjunction with other law enforcement agencies, and how they
- can assist in local investigations that, were it not for MFCUs,
- might not otherwise be pursued. It also illustrates how
- important it is for other law enforcement agencies to make
- timely referrals of possible crimes to MFCUs.
-
- PURPOSE
-
- MFCUs investigate and prosecute Medicaid fraud committed by
- doctors, psychiatrists, pharmacists, laboratories, hospitals,
- nursing homes, and medical equipment and supply companies.
- Personnel in the units also investigate suspected abuse of
- patients in Medicaid-subsidized facilities, ranging from simple
- assaults to sexual assaults or homicides.
-
- For example, police are often called to nursing homes,
- where unattended deaths may appear to be of either natural or
- accidental causes. If foul play or negligence did occur, it is
- likely that the nursing home personnel would make untrue
- statements to officers and would falsify medical records to
- indicate that the person died of natural causes. To further
- complicate the situation, doctors might sometimes certify the
- cause of death without a thorough examination of the body, much
- less an autopsy. They frequently draw their conclusions on the
- cause of death from statements of personnel at the facility.
- While the local police oftentimes do not have the experience or
- personnel to investigate such cases, MFCUs can investigate the
- possibility of a pattern of abuse or neglect of patients in a
- certain facility and may be able to establish a prosecutable
- case of negligent homicide. However, timely referrals by police
- to MFCUs is crucial, because if a victim is cremated, it is
- virtually impossible to prove that a crime has been committed.
-
- PERSONNEL
-
- In most States, MFCU investigators are experienced, sworn
- peace officers who execute search and arrest warrants,
- participate in grand jury investigations, conduct surveillances,
- and operate undercover. For example, investigators in the
- Colorado MFCU have, on the average, over 14 years' experience in
- law enforcement prior to beginning employment with the unit. In
- those States where MFCU investigators are not police officers, a
- sworn officer accompanies investigators whenever it is necessary
- to serve arrest or search warrants.
-
- MFCU investigators who handle fraud cases that involve
- billing for services not performed, double billings, or
- kickbacks are assisted by auditors in the unit. These auditors
- are usually not sworn officers; however, some MFCUs do have
- police officers who are certified public accountants and also
- serve as unit auditors.
-
- In addition to investigators and auditors, MFCUs oftentimes
- employ attorneys to prosecute Medicaid cases. Because the
- Federal Government contributes approximately 50 percent of the
- total Medicaid budget, it, as well as the States, is the victim
- of Medicaid fraud. For this reason, some of the lawyers are
- cross-designated as assistant U.S. attorneys. This allows them
- to file charges in Federal court rather than State court, which
- broadens the scope of potential offenses for which the
- defendants can be prosecuted. Federal charges in Medicaid fraud
- cases may include mail fraud, wire fraud, filing false claims,
- and violations of the Federal kickback statute.
-
- INTER-AGENCY COOPERATION
-
- In States with large Medicaid programs, such as New York
- and California, single Medicaid fraud cases frequently range in
- the millions of dollars. Prior to the creation of MFCUs, this
- fraud went virtually unchecked. For example, one family used a
- medical clinic to obtain over $30 million illegally from New
- York State. The family purchased a very expensive apartment in
- Manhattan and a mansion in Florida. They were routinely
- chauffeured in a limousine, and they enjoyed all the other
- amenities associated with wealth.
-
- While the situation is now much improved, in order for
- MFCUs to be truly effective, it is important that other agencies
- notify them when there are possible fraud or patient abuse
- problems within their jurisdictions. The benefit of such
- inter-agency cooperation was clearly illustrated in a recent
- case in Colorado when investigators with the California Attorney
- General's Office advised their counterparts in Colorado that
- suspects from a recent California fraud case had moved to the
- Denver area, possibly to form a new company.
-
- Investigators in the Colorado MFCU were able to determine
- that the suspects had, in fact, formed a new company in their
- jurisdiction. An MFCU investigator, who joined the company in
- an undercover capacity, quickly identified a pattern of fraud
- within the company, and he also learned that the suspects hoped
- to bribe a government official to obtain confidential
- information.
-
- At this point, a local police department joined the
- investigation. It provided an additional undercover operative
- and electronic equipment, as well as detectives to operate the
- equipment and assist with the surveillance. This cooperative
- effort resulted in the arrest of five suspects who were charged
- with 24 felony counts of bribery of a public official,
- conspiracy, and fraud, as well as the seizure of computers and
- an automobile. In addition, the company was put out of business
- before it could obtain large amounts of money through fraudulent
- activity. One defendant, who is cooperating with law
- enforcement officials, stated that company officials planned to
- bilk the system out of $30 million during a 10-month period and
- then disappear.
-
- In another cooperative effort, the Colorado MFCU worked
- with local police and the Drug Enforcement Administration (DEA)
- on the investigation of a pharmacist and a pharmacist/dentist
- who wrote prescriptions for controlled drugs and traded them for
- cocaine. They accounted for the controlled drugs by submitting
- false claims to Medicaid that indicated that the prescriptions
- were for Medicaid patients.
-
- The MFCU assisted the police and DEA by reviewing Medicaid
- claims and other confidential information that is inaccessible
- to police officers who do not work in MFCUs. This joint effort
- resulted in the arrest and successful prosecution of both
- suspects on drug and Medicaid fraud-related charges.
-
- CONCLUSION
-
- Medical providers who cheat one program, such as a private
- insurance company, are likely to defraud other programs, such as
- Medicaid or Medicare. Medicaid Fraud Control Units are
- invaluable in the effort to reduce the number of Medicaid fraud
- and abuse cases.
-
- MFCU personnel can access confidential information not
- available to those outside of their units, and through the use
- of MFCUs, law enforcement agencies can broaden the scope of
- offenses for which certain defendants can be charged.
- Unfortunately, however, because the existence of the units is
- not well-known, law enforcement agencies oftentimes fail to make
- use of this valuable asset. Therefore, it is imperative that
- police departments educate themselves on MFCUs and how they can
- assist law enforcement agencies on the local, State, and Federal
- levels.
-
- Medicaid Fraud Control Units may well be the key to stem
- the tide of Medicaid fraud and abuse, but it is impossible for
- them to be truly effective until they gain recognition within
- law enforcement agencies. Only then will they begin to make the
- considerable contribution of which they are capable.