Auditors: State Medicaid fraud investigations poorly managed, unfair
| By Eric Dexheimer, Austin American-Statesman | |
| McClatchy-Tribune Information Services |
The government agency charged with rooting out medical fraud and waste is poorly managed, occasionally is unfair to those it investigates and has failed to do an effective job identifying and recovering money lost to medical fraud, according to a critical report released Friday by state auditors.
The assessment by the
In what the Sunset staff acknowledged was "a rather harsh assessment," the report concluded that the
The scathing evaluation adds another chapter to a growing body of evidence that the state shares culpability for what it has asserted is the loss of hundreds of millions of dollars to fraud perpetrated by dentists and orthodontists who treat
The evaluation of the
State regulators in 2011 alleged massive fraud, charging that money was improperly paid to providers who either billed for procedures they did not perform or did work considered medically unnecessary and thus not covered by the government insurance plan. The
The agency has filed dozens of actions against dentists and orthodontists seeking to recover what it said were improper payments. In many instances, it has withheld
Many of the providers have fought back, arguing in court that the contested orthodontic procedures, especially, were all preapproved by the private contractor hired by the state,
Yet as the Statesman reported in February, the state's own regulators had long known of
Meanwhile, the
Most recently, in August the
"We know there is fraud and abuse occurring in the system, so it is very important that we understand why this agency is having such difficulty proving cases in court," state Sen.
The Sunset report echoed those concerns, concluding that "data from
Yet the report added that the huge gap between alleged fraud and recovered payments also suggested poor screening and a misleading method of calculating violations, as well as a powerful sign that investigators were not properly distinguishing between minor paperwork violations and genuine fraud.
"Actual settlement amounts well below the identified overpayment are a likely indicator of an inconsistent and unfair process for providers," the Sunset report stated. "In practice, actual settlements rely more on a provider's ability to negotiate than any basis in medical necessity of services or financial harm to the state. While
Among the more controversial tools the
Yet the new report found that the office had used the tactic indiscriminately and, at times, inappropriately against medical providers, resulting in financial hardship to even minor offenders.
For example, the report found that "
The Sunset report also criticized the office's practice of requiring defendants to prepay to have their cases heard by administrative law judges, which hears payment hold cases. In some cases, as the Statesman reported in May, the bill for access to court reached tens of thousands of dollars.
Paying up front to be heard in court is "financially burdensome for providers from whom the state is already withholding payments," the report found.
The lawyer representing about 20 of the medical providers who have been targeted by the
"It admits providers have been treated poorly and have not received due process,"
Among other fixes, the
___
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