N.M. scientist says he saved the state hundreds of millions; now he wants his cut [The Santa Fe New Mexican]
Feb. 17—A New Mexico researcher who says his analysis of Medicaid data helped the state recover more than
The four companies are required by federal law and by their contracts to spend at least 85% of the Medicaid funding on medical services only — a requirement put into place by the Patient Protection and Affordable Care Act in an effort to keep health care companies' profits from ballooning out of control, said
Grayson, a former
Kuriyan says while the state eventually recouped
And, as a whistleblower, Kuriyan alleges, he's entitled to a portion of all that money.
To Kuriyan and his legal team, the issue is clear-cut: They allege the companies held on to government money meant for Medicaid longer than the law allows, so the firms should own up to their late fees. That would mean a healthy addition to state coffers — with Kuriyan getting a cut for catching it.
But in a case that's been fulminating for the better part of a decade, there's no certainty of a quick resolution. Rather than championing Kuriyan's cause, the state is aligning itself with the health care companies, alleging the money they got back was part of a "normal reconciliation process" and focusing in recent months on calling into question whether Kuriyan did his own work or merely piggybacked on publicly available information — potentially disqualifying the case.
A
Presbyterian declined an interview, but a spokeswoman pointed out two magistrate judges have recommended dismissing the case.
"Presbyterian is deeply committed to serving our state's Medicaid population," spokeswoman
The
Kuriyan's lawsuit has now been pending for more than seven years. In a recent interview with The New Mexican, Kuriyan said his own claim on the money aside, it represents money owed to taxpayers and should be collected.
"I'm absolutely confused ... as to why the state doesn't collect it and set it aside," he said. "Even if they don't want to give it to me, collect it so that we don't lose it."
Getting the numbers
Kuriyan didn't just stumble into the labyrinthine world of Medicaid data analysis.
Born in
Kuriyan said in 2013 he approached
"She said, 'Well, prove to me that you could do something different,' " Kuriyan recalled.
"So if I could predict the number of people getting these diseases, I should be able to predict the costs," he said. "... I started looking at the forecasting model from the point of understanding how many people develop these diseases in a community."
Kuriyan said he analyzed three years of spending based on the confidential Medicaid data.
"[I] was able to predict the fourth year correctly," he said, adding he predicted the 2013 costs within about 5%. "... But when I went to do 2014, everything came out wrong."
Kuriyan said his estimates for what the spending should have been in 2014 were far too low. He checked his work but said he found nothing wrong, even after accounting for changes in the Medicaid program that year.
Suspected overpayment
Kuriyan said he believes the inflated Medicaid costs in 2014 came from the four health care companies keeping overpayments from the Medicaid program, which he originally thought could be as high as
"[Kuriyan] noticed that premiums paid to Defendants' MCOs — and consequently, Defendants' profits — had jumped considerably between 2013 and 2014, even though patients' medical needs remained the same," Kuriyan's lawsuit said. "... This 'jump' could not be explained in any way other than overpayments to Defendants."
Kuriyan, who had never secured a written contract, said he took his findings back to the state, but by that point the people he had been in contact with previously had left the
Kuriyan eventually did present his findings to HSD leaders in
Kuriyan filed his lawsuit in
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"[They] basically told me that, you know, we collected the money, but it has nothing to do with you," Kuriyan told The New Mexican. "'It was our own work on something else unrelated to what you said.'"
Grayson said it's "undisputed" that those funds were only recovered long after the 60 days allowed by law.
'Opportunistic relator'
One potential barrier to would-be whistleblowers like Kuriyan is the question of whether the allegations have been publicized before. The defendants in Kuriyan's case have raised the issue in connection with the timing of a 2015 Legislative Finance Committee report that looked at overpayments.
In a joint motion to dismiss the lawsuit in late 2020, the health companies called Kuriyan "an opportunistic relator who has no independent knowledge of any Defendant's conduct and has never presented anything to the Government that had not already been publicly disclosed."
"Relator" is the legal term for a person filing a whistleblower lawsuit.
State and federal prosecutors chose not to support the lawsuit, noting in a 2020 filing they were "unable to discover evidence of fraud during the course of its investigation, and because [the
The state has requested the case be dismissed as well, citing the defendants' argument the information had already been disclosed.
That could result in the case being thrown out.
"The [False Claims Act] provides that a court 'shall dismiss an action or claim ... if substantially the same allegations or transactions as alleged in the actions or claim were publicly disclosed,' "
But Grayson said the Legislative Finance Committee report actually determined there wasn't any fraud — the opposite conclusion Kuriyan came to based on his analysis.
"They are arguing that the case should be dismissed because the 2015 Legislative Finance Committee report, which said that there was no fraud, was a public disclosure of the fraud," he said.
Grayson also said information has to be publicized by news media, calling the contention a Legislative Finance Committee report is part of the news media "farcical."
What's next?
For now, the case is pending in federal court, awaiting rulings from U.S. District Judge
Magistrate
Grayson said because it's been so long since 2014, dismissal of Kuriyan's lawsuit would mean the state no longer has any option to recover the
"It's not just cutting off your nose to spite your face. It's decapitating yourself to spite your face," he said. "... The people that end up paying for that is the government and the taxpayers."
Grayson said the defendants' alleged actions are even more serious considering the case involves Medicaid, which is supposed to provide care to the state's most vulnerable residents.
He had harsh words for the defendants and claimed the
As for Kuriyan, he said he's looked preliminarily at other states' Medicaid data and thinks
"I'm not overly concerned if I lose out here, as long as I can prove I brought the money back," he said. "Another state will want me to do it. ... I'm willing to go on to the next project."
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