Hank B. Walther, Esq., is an attorney in Washington, D.C.
He was formerly chief of the Health Care Fraud Unit in the Justice Department’s
Criminal Division.
Excerpting from his insightful and laudable op-ed which ran
in today's WSJ:
* * *
* *
As I approached the counter at Burberry’s store in
Midtown Manhattan almost eight years ago, I knew I was about to splurge. The
purchase was a cashmere scarf, a Christmas gift for my wife, who had lovingly
put up with another year of my work travel. I was a federal prosecutor at the
time and not exactly living on a Madison Avenue salary, but it was the holiday
season and who doesn’t love a nice scarf?
The gentleman at the counter swiped my credit card and
carefully folded the scarf, placing it into the iconic plaid box. A moment
later, he smiled smugly and said, “Sir, your card has been declined.” My
initial embarrassment later turned to surprise when I discovered why: Based on
my purchasing history, the credit-card company didn’t think I would shop at
Burberry. Rather than allow a potentially fraudulent purchase, the transaction
was blocked.
* YEP. I LOVE CAPITAL ONE! THEY'RE ALWAYS RIGHT ON TOP OF
MY OWN CREDIT CARD SECURITY! IT'S CALLED... COMPETENCE.
The federal government, one of the largest payers of
health-care claims in the world, should adopt this technology if it hopes to
beat back fraud.
* THEY SHOULD, BUT THEY WON'T; AND IF I'M WRONG AND THEY
TRY... BETCHA THEY SCREW IT UP.
Each year the Centers for Medicare and Medicaid Services
pays more than $853 billion in health-care claims, amounting to almost 25% of
the federal budget. But an estimated 10% of the claims paid are fraudulent.
This year alone, the federal government will pay about $85 billion in
fraudulent claims. That is more than the combined earnings of Exxon, Wells
Fargo and Microsoft.
* AGAIN... FOLKS... A SANE CITIZENRY WOULD RISE UP AND
BURN WASHINGTON D.C. TO THE GROUND.
(*SAID H*A*L*F IN JEST*)
Most people would be surprised to hear that government
health-care programs are “trust-based” systems that rely on the good faith of
medical providers to bill only for legitimate services. The government does
little to assess the legitimacy of a claim before paying it.
* NOPE. I KNEW THIS. UNFORTUNATELY, THAT IS.
(*SIGH*)
Unlike my credit-card company, the federal government has
no tools that flag suspicious claims and stop them before payment is made.
CMS receives about 4.4 million Medicare claims a day, but
there isn’t a central location for receiving and analyzing them. Instead, a
hodgepodge of private contractors is responsible for paying different types of
Medicare claims from different regions of the country. Separate contractors are
responsible for reviewing those claims to identify fraud, but only after
they’ve been paid.
* UNFRIGGIN'BELIEVABLE, AIN'T IT?!
* HEY... I'VE GOT AN IDEA: ANY MEMBER OF THE HOUSE OR
SENATE WHO HAS SERVED MORE THAN 12 YEARS - PUT HIM/HER AGAINST A WALL AND SHOOT
HIM/HER. ULTIMATELY THESE BOZOS ARE RESPONSIBLE FOR THIS CRAP! (REMEMBER
"OVERSIGHT?")
In 2010 CMS began developing a data analytics tool called
the Fraud Prevention System, which was layered on the web of existing contractors.
Although there has been no independent review of the program, CMS has claimed
that the tool “identified or prevented” approximately $454 million in
fraudulent claims in 2014. Nobody outside of CMS, however, knows the amount of
claims blocked before payment — the true test of success.
CMS’s $85 billion a year fraud problem is getting worse,
but there are several steps the federal government can take:
First, CMS needs to reconsider its disjointed strategy
for processing and reviewing Medicare payments. This bureaucratic structure has
created a model of “pay and chase,” because the contractors who pay claims do
not identify fraudulent ones.
Second, all health-care claims should be reviewed by a
sophisticated data analytics tool at the time of submission, rather than after
the money has disappeared.
Third, CMS should invite outsiders to review its
fraud-detection systems and help develop new ones.
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