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Contents
For anyone asking what to gather before reporting Medicaid fraud, the starting point is your firsthand account and the records behind it. You may know which hours never happened, who approved a claim or why a report changed before it reached the state. Our whistleblower experts help connect that knowledge to the money and build the case with you.
To report Medicaid fraud, speak with us about what happened, your role and the records you know exist. We assess the conduct, the Medicaid program involved and the case your account could support, then bring in Medicaid fraud whistleblower lawyers with the right experience.
A False Claims Act qui tam case lets a whistleblower bring a case on the government’s behalf. We assess that possibility with you, including any report you have already made inside the business or to an agency. You can start the conversation with your own account, even when other departments hold parts of the story.
A provider’s service claim and a health plan’s monthly payment call for different comparisons. We start with the entity that received the money, the state program, the payer and the period involved.
In Medicaid provider fraud, the claim may describe a visit, a treatment or hours of care. Service notes, schedules, staff qualifications and billing records can show how that description was assembled. The provider may bill the state directly or bill a managed care plan.
For Medicaid managed care fraud, the starting point is often capitation: the state pays the plan a fixed periodic amount for each enrolled member. Payment follows enrollment. The contract, service requirements and data certified to the state explain what the plan undertook to provide for that money.
Delegated work adds another participant. A utilization-review vendor may approve the treatment, a transportation broker may verify the trip, or a service facilitator may oversee personal care. We examine who performed the work, who approved it and whose records supported payment.
We discuss patient abuse, neglect and misuse of resident funds alongside any billing concern. The Department of Health and Human Services’ Office of Inspector General identifies long-term-care abuse and neglect separately from false claims in its description of the complaints it investigates.
Your firsthand account, the records behind it and the people who can corroborate it give us a starting point. We want to understand what you saw yourself, what someone told you and what you suspect. Each helps us identify the next question to examine.
In our first conversation, the useful details are concrete: the employer or legal entity, the facility or plan, the affected state, the service dates and the payment involved. For a record you know, we ask what it says, who created or approved it and where it is kept. An internal warning has its own history: who received it, what they were told and what happened afterward.
Those details let us follow the transaction. How did that timesheet, approval or cost figure become a Medicaid payment?
Questions about patient records, confidentiality or which materials you can share belong in that conversation with us and your whistleblower counsel. You can describe the records you know exist without having every file in hand.
Useful Medicaid fraud evidence connects what was claimed for payment to what happened and what the people responsible knew. The comparison changes with the job. A payroll clerk, a clinical supervisor and a plan accountant may each see a different part of it.
For personal-care billing, timesheets and payroll can connect the hours claimed to the worker and recipient. Existing electronic visit records and their edits may explain how a visit entered the system.
Sola, a residential group-home operator, paid $2 million to resolve allegations that its Medicaid nursing units exceeded the hours its nurses worked. The Justice Department’s announcement identifies payroll and time records as the comparison. The allegation was a gap between the company’s own records of work and its claims for payment.
The person named on the claim also matters. Licenses and service notes can show who actually delivered the care and who signed for it. If your concern involves an excluded worker, we examine that person’s role alongside the services billed to Medicaid. In behavioral health, we examine those records alongside patient contacts, referral arrangements and the instructions staff received about billing.
For nursing-home care, staffing rosters and care plans describe what happened on the floor. Management agreements and unpaid vendor bills can explain who controlled the operation and its resources.
In dental billing, the treatment record and the production target can tell different stories. The Justice Department’s Benevis and Kool Smiles settlement announcement described allegations of unnecessary treatment, procedures never performed and production incentives. For someone inside a practice, patient-specific charts and bonus instructions can connect the clinical decision to the business pressure behind it.
For home and community-based services, the care plan and service notes describe what the recipient was supposed to receive and what staff recorded. A recipient’s electronic approval raises another question we examine with you: who actually used the account to approve the work?
Transportation records can connect a claimed ride to dispatch logs and passenger attendance. The broker’s verification records show what it checked before seeking payment. Montachusett Regional Transportation Authority settled allegations that it claimed reimbursement for rides that never happened because its verification of contracted transportation companies was insufficient, according to the Justice Department’s announcement.
School-service claims put attendance and billing together. In the New York City Department of Education settlement announced in 2014, the Justice Department alleged monthly counseling claims without the required qualifying sessions. School administrative claims may instead turn on time studies: employees report how they spent sampled portions of their workday, and those answers determine which activities are charged to Medicaid.
For paid referrals, the useful connection runs from the payment and its stated purpose to the patient referral or order. Contracts, correspondence and payment records help us examine who paid whom and what the payment bought.
Plan evidence can connect monthly payments to enrollment, required services, service data and certified costs. In its RiverSpring settlement announcement, the Justice Department reported admissions that the plan collected capitation while qualifying services were not provided or were inadequately documented. Member-level service histories and the governing contract make that comparison concrete.
For medical expense reporting, we compare the contract’s spending requirements with the report sent to the state. Ledgers and payments to affiliated businesses can show what sits behind its medical expense figures. Pharmacy reimbursement calls for its own comparison: what the pharmacy received, what the plan was charged and how the amounts were reconciled.
Network directories and internal warnings can show what a plan reported about access. We compare those reports with what its staff knew.
The 1999 Health Care Financing Administration-sponsored report Controlling Fraud and Abuse in Medicaid: Innovations and Obstacles distinguished fraud against a plan from fraud by the plan itself, including diversion of capitation away from front-line care. A plan has a reason to catch a provider padding a bill. Catching itself is another matter. That is where a plan insider’s account matters.
An approval record can conceal the missing work behind it. CareCore National admitted approving requests awaiting physician review without obtaining new medical information or an independent review by a medical director. Its settlement with the Justice Department followed a whistleblower case brought by a former clinical reviewer and supervisor.
The government’s complaint quoted a training instruction:
Do not document anything in the journal about padding!
United States of America v. CareCore National, LLC, government’s complaint, paragraph 36.
We see a physician review with the physician missing, and an instruction to keep it out of the journal. We would want to hear from the person who knows what that journal leaves out. Queue timestamps and training materials can connect an apparently completed approval to the work staff were actually told to do.
An internal review can establish when the business learned about an overpayment and what it did with that knowledge. Community Options admitted that its non-routine reviews identified day-habilitation overpayments that it failed to report and return to New York Medicaid, as the Justice Department described in its settlement announcement.
The review had already found the money. The company kept it. For a compliance or finance employee, the review findings and subsequent instructions can explain that decision.
Claims data takes work to interpret, even for investigators. Applying Business Intelligence Concepts to Medicaid Claim Fraud Detection, published in the Journal of Information Systems Applied Research in 2012, examined Nevada Medicaid claims and explained that the underlying systems were built for payment and health care delivery. Preparing those records for analysis consumed most of the project’s effort:
We estimate that data preparation took about 85% of overall project time.
That finding helps explain why we ask what a field means, how an approval entered the system and which version reached the payer. The healthcare worker who understands the record can connect the data to the decision behind it.
We work through questions about anonymity and confidentiality with you and your Medicaid fraud whistleblower counsel. Concerns about retaliation, an earlier report or your own part in the conduct belong in that conversation too. You can raise those concerns with us at the outset.
A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers. We assess the potential case and the recovery your whistleblower share would come from with you.
If you know why the billed hours, approval or plan report differs from what happened, tell our whistleblower experts what you saw and which records tell the story. We develop the case with you, bring in Medicaid fraud whistleblower lawyers who understand the payment at issue, and stand with you as we pursue your strongest Medicaid whistleblower case.