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The D.C. personal-care aide Medicaid fraud case involved $131,656 taken from Medicaid through false timesheets for care the aide admitted she never provided. The Justice Department’s account of her criminal case put those timesheets beside records from outside the healthcare billing system: a law school schedule, campus key-card entries and cellphone records. She claimed to be caring for patients in Washington while the other records pointed to Baltimore. For someone who knows the visits or handles the billing, the telling evidence is the conflict between the hours claimed and where the worker could actually have been.
The aide submitted her timesheets to home health agencies, which used them to bill D.C. Medicaid. In this case of personal-care fraud, the false record started with the person assigned to provide the care and reached Medicaid through the agency’s claim.
According to the Justice Department’s account of her admissions, she worked at various times for two D.C. home health agencies between 2016 and 2018. Her job was to help Medicaid beneficiaries get in and out of bed, bathe, dress and eat. The timesheet was supposed to record the care she actually delivered.
The aide’s timesheet became the basis for Medicaid provider billing. An agency receiving a completed form is several steps removed from what happened in the home, yet that form supplies the account of care used for payment.
In this case, school schedules, campus access records and phone locations contradicted the personal-care hours claimed on the timesheets. The criminal case announcement describes 118 occasions between August 2016 and May 2017 when the aide claimed D.C. work during hours when she was scheduled for law school in Baltimore or should have been traveling there or back.
The announcement gives a particularly clear example from April 13, 2017. The aide submitted timesheets claiming care for one beneficiary from 7 a.m. to 3 p.m., then another from 3:30 p.m. to 8:30 p.m. On paper, she had moved from one patient’s care to the next.
Her key card told a different story. According to the same criminal case announcement, University of Maryland law school records showed it swiping into the Baltimore campus at 5:30 p.m. and out at 9:29 p.m. Cellphone records placed her phone in Baltimore between 8:03 a.m. and 9:31 p.m. that day.
Hands-on care in Washington, a key card in Baltimore. Same shift. We see the problem with trusting the timesheet: it put her in a different city from the campus and phone records.
The aide pleaded guilty to health care fraud in November 2021. As part of that plea, she admitted submitting false timesheets for services she did not provide, according to the Justice Department’s announcement.
She acknowledged that the scheme began no later than August 2016 and continued through September 2018. The money came from claims for the hands-on assistance her agencies employed her to provide.
The U.S. Attorney’s Office for the District of Columbia prosecuted the case. Its announcement also reported that 11 former personal-care aides had pleaded guilty to defrauding Medicaid in the District since August 2018.
A false timesheet can supply a complete-looking account of a visit. The decisive question is whether the visit it describes happened. HHS Office of Inspector General’s 2012 personal-care services portfolio explained that fraud is often proved by showing that existing documentation is false. In the D.C. case, that meant testing written hours against records created elsewhere.
The weakness reaches beyond a single aide. The 1996 Journal of Insurance Medicine study Health Care Fraud Control: Understanding the Challenge examined fraud controls across public and private programs. It put home health agencies among the providers paid on trust:
Payers accord such groups surprising latitude, paying claims on trust without any routine external verification of services provided.
Health Care Fraud Control: Understanding the Challenge, Journal of Insurance Medicine, 1996
The D.C. timesheets show why that trust matters: the account of a visit came from the person claiming to have made it. The campus record was made for another reason, outside the billing system.
In the same personal-care portfolio, HHS-OIG described span billing: providers could submit a claim covering services over a week or month without specifying each service date. Medicaid Fraud Control Unit directors told OIG that this could obstruct comparisons with an attendant’s other job or travel.
That explains the value of the detail in this case. A total for a billing period would not show the evening conflict. The individual timesheets supplied the date and claimed hours that could be placed beside the campus and phone records.
HHS-OIG’s fiscal year 2014 Medicaid Fraud Control Unit report described Nebraska criminal cases involving home health aides whose timesheets claimed unperformed services or work with different patients in different locations at the same time. Those cases used a different conflict, but the comparison was familiar: the claimed hours could not be reconciled with where the aide could be.
The agency’s fiscal year 2023 report again identified personal-care attendants as a prominent category in its fraud convictions. It also described cases beginning through referrals or data mining.
If you know that billed visits conflict with the shifts people actually worked, your knowledge can connect the care to the payment. An aide may know which visits happened. A scheduler may know where a worker was assigned. Someone handling agency billing may know how those hours reached the claim. We examine those connections with you, including who prepared the account of care and who knew it was false.
Under the False Claims Act, a whistleblower case can pay 15% to 30% of what the government recovers. We work with you to build your strongest Medicaid whistleblower case around what happened inside the agency and who knew the visits were false.
If the hours your agency billed do not match the care you saw, speak to one of our Whistleblower Experts. We work beside you to build the case around that difference, bring in Medicaid fraud whistleblower lawyers who understand home-care billing, and stay with you through the pursuit of a recovery.