Hopecare Services: False Medicaid Hours After the State Explained the Problem

Whistleblower Justice Network

The Hopecare Medicaid fraud case involved more than $650,000 obtained through false billing, according to the Justice Department’s account of the owner’s criminal case. The claims concerned false personal care hours, false descriptions of who provided care and billing for a worker disqualified for safety reasons. The state explained the problem to the owner. He kept billing anyway.

Hopecare Services, Inc. was a home healthcare agency in Brooklyn Park, Minnesota. Its owner submitted the claims to the Minnesota Department of Human Services, which administers Medicaid in the state. The owner pleaded guilty to health care fraud. His admissions concerned personal care assistance billing, where the hours, the worker and the service described in a claim can each tell a different story from the care delivered.

What the Owner Admitted About the Claims

According to the Justice Department’s account of his plea agreement, the owner admitted submitting false Medicaid claims from May 2007 through March 2008. The false statements concerned the hours of service, the personal care assistant providing it and the type of service provided. Claims also lacked required documentation and sometimes covered medically unnecessary services.

A scheduler may know the hours. A supervisor may know who went to the home. A billing employee may know how the service was described for payment. We connect those accounts because each can expose a different part of the same claim.

False Hours and the Wrong Service

An invented visit, an inflated shift and a visit billed as a different service raise different factual questions. We examine the claimed time alongside the work performed, then the description used to obtain payment. That is the practical center of provider fraud involving a mismatch between the claim and the service.

Personal care and home health are separate categories in federal Medicaid benefit law. The service being billed matters more than the broad label on the agency’s door. In Hopecare’s case, the Justice Department specifically identified personal care assistance claims.

The Worker Who Was Disqualified

The Justice Department also reported that the owner submitted claims for personal care assistance provided by someone disqualified from the program for safety reasons. That brings the personnel decision into the billing story: someone performed the work, but that worker had been disqualified.

Worker identity and qualifications require their own comparison with the service dates and the agency’s records. A completed timesheet does not answer who was permitted to provide the care.

Missing Documentation and Unnecessary Care

The plea account described claims lacking required documentation and claims for services that were not medically necessary. The Health and Human Services Inspector General’s personal-care review explains why investigators look beyond whether paperwork exists. It describes proving fraud by showing that existing records of services, assessments, qualifications or care plans are false. For an insider, the useful account may be what a document was made to say, who knew it was wrong and which bill relied on it.

The State Warned the Owner and the Billing Continued

The Minnesota Department of Human Services opened its investigation into Hopecare’s billing in March 2007 after a Medicaid recipient complained. According to the Justice Department’s criminal-case announcement, the department then notified the owner twice that he had billed improperly: through an agency notice explaining the false billing and through an in-person meeting. The Justice Department said the owner continued submitting false claims despite those warnings, sending more than 800 fraudulent personal care assistance claims in less than a year.

For someone inside an agency, a warning can connect the service records with management’s later decisions. What the owner was told and what the agency submitted afterward belong in the same account. That is where an employee’s knowledge of the billing process becomes particularly useful.

The criminal investigation involved the U.S. Department of Health and Human Services Office of Inspector General, the FBI and the Medicaid Fraud Control Unit in the Minnesota Attorney General’s Office. The U.S. Attorney’s Office for the District of Minnesota prosecuted the owner’s case.

Why Home Care Can Be Hard to Verify

Care delivered in private homes separates the work from the office that bills for it. A 1999 report from seminars sponsored by the Health Care Financing Administration, Controlling Fraud and Abuse in Medicaid: Innovations and Obstacles, described state officials’ concerns about home health agencies delivering services of questionable medical necessity. It identified the conditions that made the problem harder to control:

This problem is exacerbated by the volume of care delivered in unsupervised circumstances, poor documentation, and lack of established standards.

Controlling Fraud and Abuse in Medicaid: Innovations and Obstacles, Health Care Financing Administration seminar report, 1999

The same report described a Rhode Island pilot that required workers to call from a patient’s home on arrival and before leaving. Its purpose was to reduce billing for visits where nobody showed up. The control sought a record of presence created at the home, separate from the later bill.

The recipient knows whether someone arrived. The worker knows what happened during the visit. The office knows what it claimed. We bring those accounts together around the particular care that Medicaid paid for.

What Evidence Is Needed to Prove Fraud?

For false personal care hours, evidence connects the claimed visit with the worker’s actual activity, the recipient’s whereabouts and the people responsible for billing. The Inspector General’s review describes comparing dates of care with institutional stays, an attendant’s other job or travel. Its discussion of span billing explains how a claim covering a week or month can omit the individual dates needed for those comparisons.

We work back to the visits beneath the total. An employee who knows which shift was changed, who approved it or why a worker’s name appeared can supply a connection that the payment summary leaves out. For qualification questions, we examine the worker’s identity and qualification records against the care being billed.

A separate D.C. personal-care criminal case makes the time comparison concrete. An aide who pleaded guilty admitted causing Medicaid to be billed for approximately 3,400 hours of care while he was outside the country. Travel supplied a direct contradiction to the claimed presence in a client’s home.

Hopecare adds the agency owner’s response to notice. For a case involving continued false billing, we examine both the records behind the visit and the decisions made after the problem was brought to management’s attention. Your knowledge of those decisions helps us make sense of the claims.

Can You Get Paid for Reporting Medicaid Fraud?

A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers. Our assessment of a civil case over false Medicaid claims starts with the services, payments and billing decisions you know firsthand.

You Saw What Happened After the Warning

If you saw an agency keep billing false hours or using a disqualified worker after the problem was raised, tell our whistleblower experts what management knew. We develop your case with you and bring in Medicaid fraud whistleblower lawyers who understand personal care records and agency billing. You have our expertise and support from the first conversation through the pursuit of a recovery.

WHISTLEBLOWER JUSTICE NETWORK CAN HELP YOU
Make a difference.
Whistleblower Justice NetworkReport Fraud
100% CONFIDENTIALFREE CONSULTATION24 / 7 / 365