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RX- Walgreens must face Medicaid fraud lawsuit over hepatitis C drugs, says appeals court

MM Curator summary

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

[MM Curator Summary]: Looks like Walgreens will have to answer for its part in a VA case in which Medicaid incorrectly had to pay for very expensive Hep-C drugs.

 
 

 
 

Clipped from: https://www.benefitspro.com/2023/08/21/walgreens-must-face-medicaid-fraud-lawsuit-over-hepatitis-c-drugs-says-appeals-court/

A federal appeals court has reinstated a lawsuit against Walgreens for violating the federal False Claims Act by improperly receiving hundreds of thousands of dollars from Virginia’s Medicaid program.

 
 

A federal appeals court has reinstated a lawsuit against Walgreens for allegedly defrauding Virginia’s Medicaid program by falsely representing that some patients were eligible for expensive hepatitis C drugs. The decision overturned a previous ruling by a lower court.

In a 3-0 decision, the 4th U.S. Circuit Court of Appeals in Richmond, Va., cleared the way for the nation’s largest pharmacy chain to face allegations that it violated the federal False Claims Act and Virginia state law. The case arose from alleged misconduct by Amber Reilly, a clinical pharmacy manager at a Walgreens in Kingsport, Tenn.

She was accused of falsifying patient records, including lab results, between January 2015 and June 2016 to obtain prior authorization from Virginia Medicaid for reimbursement for the drugs Sovaldi, Harvoni and Daklinza. Revenue from the Kingsport store grew by 321% during that time, court records showed. O’Reilly pleaded guilty to one count of health care fraud contained in October 2016 and was sentenced to 16 months in prison in June 2017.

Walgreens began an investigation but did not repay money it received for 12 Virginia Medicaid patients, even after the manager pleaded guilty to a similar scheme in Tennessee.

In December 2021, a trial judge dismissed the lawsuit, saying Walgreens’ misrepresentations were immaterial because Virginia’s prior authorization requirements violated federal law.

Related: Walgreens to pay $269 million over insulin fraud allegations

However, Circuit Judge Albert Diaz said Walgreens’ alleged misrepresentations were material under the False Claims Act because they “did, in fact, influence the decisionmakers” at Virginia Medicaid. He also said Walgreens could not escape liability by attacking Virginia’s eligibility requirements as illegal. “Allowing Walgreens to avoid liability by challenging Virginia’s eligibility criteria only after getting caught would hinder the act’s purpose of holding fraudsters accountable,” Diaz wrote.

Walgreens, the U.S. Justice Department and the Virginia attorney general’s office declined media request for comment.

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REFORM- Georgia Medicaid program with work requirement off to slow start even as thousands lose coverage

MM Curator summary

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

[MM Curator Summary]: Seems that enrollment goes a little slower when you have to commit to working, learning or volunteering in order to get the Medicaid card. Opposing view: DCH is not doing a lot of marketing efforts for the new coverage.

 
 

 
 

Clipped from: https://abcnews.go.com/Health/wireStory/georgia-medicaid-program-work-requirement-off-slow-start-102389380

Public health advocates say Georgia appears to be doing little to promote its new Medicaid plan or enroll people in it

 
 

This photo provided by Amanda Lucas shows Amanda Lucas, right, with her father, Thomas Lucas, on Wednesday, Aug. 16, 2023, outside his home in Warner Robins, Ga. Amanda Lucas said she cannot meet the work requirement in Georgia’s new Medicaid pla…

The Associated Press

ATLANTA — Georgia Gov. Brian Kemp signed paperwork creating a new state health plan for low-income residents to much fanfare at the state Capitol three years ago.

But public health experts and advocates say since it launched on July 1, state officials appear to be doing little to promote or enroll people in the nation’s only Medicaid program that makes recipients meet a work requirement.

The Georgia Department of Community Health, which has projected up to 100,000 people could eventually benefit from Georgia Pathways to Coverage, had approved just 265 applications by early August.

“If we’re talking about directed outreach to the population that would most likely be eligible and interested, I haven’t seen anything,” said Harry Heiman, a health policy professor at Georgia State University.

Heiman and other experts say the program’s slow start reflects fundamental flaws missing from Medicaid expansions in other states, including the extra burden of submitting and verifying work hours. And some critics note it’s happening just as the state, as part of a federally mandated review, is kicking tens of thousands of people off its Medicaid rolls — at least some of whom could be eligible for Pathways.

“We’ve chosen a much more complicated and lengthy process that will take a long time even for the few folks who get coverage,” said Laura Colbert, executive director of the advocacy group Georgians for a Healthy Future.

The Biden administration has already tried to revoke Georgia’s Medicaid plan once and will be monitoring it, so any missteps could have broader consequences. They could also hamper future efforts by Republicans to make Medicaid eligibility dependent on work.

A spokesman for the governor’s office, Garrison Douglas, said enrollment would grow as applications continue to be reviewed.

“While the federal government initiated and dictated a process for re-determining the qualifications of traditional Medicaid recipients, Georgia is the only state in the country simultaneously offering a new pathway to healthcare coverage and opportunity,” he said in a statement.

The state’s department of community health said it was engaging stakeholders, community partners and others to help get the word out about the program. It did not provide details about that effort.

“There’s still some more work that we have to do for Pathways,” Lynnette Rhodes, executive director of DCH’s Medical Assistance Plans division, said at a meeting this month. “But overall…the program is working.”

The state launched Pathways just as it began a review of Medicaid eligibility following the end of the COVID-19 public health emergency. Federal law prohibited states from removing people from Medicaid during the three-year emergency.

Georgia has already cut more than 170,000 adults and kids from Medicaid and is expected to remove thousands more as the yearlong review of all 2.7 million Medicaid recipients in the state continues. Nationwide, more than a million people have been dropped from Medicaid, most for failing to fill out paperwork.

The department of community health said it delayed the reevaluations of 160,000 people who were no longer eligible for traditional Medicaid but could qualify for Pathways to help them try to maintain health coverage. It was not immediately clear whether the state reached out to those people and helped guide them to apply for Pathways.

“From what we have seen thus far, they are not doing anything affirmatively to get these people enrolled in Pathways,” said Cynthia Gibson, an attorney with the Georgia Legal Services Program who helps people obtain Medicaid coverage.

In contrast, Oklahoma officials implementing a voter-approved expansion of Medicaid in 2021 moved people in existing state insurance programs directly into the expansion pool without the need for a new application, according to the Oklahoma Health Care Authority. Nearly 100,000 people were enrolled in the expanded program within days of its launch.

“States have a lot of tools that they can use to help make this process go more smoothly,” said Lucy Dagneau, an advocate for Medicaid expansion with the American Cancer Society Cancer Action Network.

Oklahoma and 39 other states have expanded Medicaid eligibility to nearly all adults with incomes up to 138% of the federal poverty level, $20,120 annually for a single person and $41,400 for a family of four. None of those states require recipients to work in order to qualify.

That broader Medicaid expansion was a key part of President Barack Obama‘s health care overhaul in 2010, but many Republican governors, including Kemp, rejected it. In addition to imposing a work requirement, Pathways limits coverage to able-bodied adults earning up to 100% of the poverty line — $14,580 for a single person or $30,000 for a family of four.

Kemp has argued full expansion would cost too much money. State officials and supporters of Pathways say the work requirement will also help transition Medicaid recipients to better, private health insurance, and working, studying or volunteering leads to improved health.

“I’m excited we’re moving forward in this direction,” said Jason Bearden, president of CareSource Georgia, one of the state’s Medicaid health plans. “This is good progress.”

Critics say many low-income people work informal jobs and have fluctuating hours that will make it hard for them to document the required 80 hours a month of work, volunteer activity, study or vocational rehabilitation. They also blast the lack of an exemption to the work requirement for parents and other caregivers.

For Amanda Lucas, the work requirement is insurmountable right now.

Lucas said she had no idea Pathways started in July, but even if she did, she would not qualify because she has to take care of her 84-year-old father in Warner Robins, a city about 100 miles (160 km) south of Atlanta. He had a stroke and needs her to buy groceries, make food, pick up prescriptions, pay bills and manage myriad other tasks, she said.

With risk factors for skin cancer, she worries about living without health insurance.

“I try to keep an eye on my own moles,” she said. “I’m increasingly anxious because I’m 46.”

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REFORM- MDHHS seeks bids for pilot to provide incentives to Medicaid enrollees who meet substance use disorder recovery goals

MM Curator summary

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

[MM Curator Summary]: Michigan Medicaid is looking to test out a motivational incentives-based model for substance-abuse treatment. This RFP is for people to train providers on the model.

 
 

 
 

Clipped from: https://www.michigan.gov/mdhhs/inside-mdhhs/newsroom/2023/08/18/recovery-incentive

MDHHS seeks bids for pilot to provide incentives to Medicaid enrollees who meet substance use disorder recovery goals

LANSING, Mich. – The Michigan Department of Health and Human Services (MDHHS) is moving forward with plans to offer an additional evidence-based treatment for Medicaid and Healthy Michigan Plan enrollees who are recovering from substance use disorders.

MDHHS is seeking bids through Aug. 25 from vendors that can offer training and technical assistance to Medicaid prepaid inpatient health plans and providers of substance use disorder treatment. The training will prepare the health plans and other providers to participate in MDHHS’s Recovery Incentives Pilot.

The Recovery Incentives Pilot will use a type of cognitive behavioral therapy known as contingency management that provides motivational incentives to people living with a substance use disorder who achieve their treatment goals. Incentives will be in the form of low-denomination retail gift cards. The amount of the incentive earned increases each week that the participant abstains from a narrow set of specified substances, as evidenced by negative drug tests.

The department plans to launch the Recovery Incentives Pilot in October 2024. The pilot is one of several projects to expand access to substance use disorder treatment through the Michigan Opioid Healing and Recovery Fund.

In addition to providing training, the selected contractor will develop a training curriculum and support providers as they offer services, including developing ongoing support tools and documentation.

“Following trends across the country, the opioid epidemic in Michigan has expanded and now includes the use of stimulants and other mixed substances,” said Dr. Natasha Bagdasarian, MDHHS chief medical executive. “We must continue to equip providers and beneficiaries with the latest evidence-based tools in prevention, treatment and recovery strategies to combat a persistent and evolving crisis. Providing these types of incentives has proven to be one of the most effective treatments for substance use disorder.”

Proposals must be submitted electronically through SIGMA Vendor Self Service by Aug. 25. After vendors log in, they can search for RFP # 230000002778 or search for “Recovery Incentives Training and Technical Assistance.”

The contract period is expected to be from Jan. 1, 2024, through Sept. 30, 2026.

MDHHS reserves the right to change contractor requirements, dates or any other information deemed necessary.

For questions regarding the pilot, contact MDHHS-RecoveryIncentives@michigan.gov.

# # #

 
 

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REFORM/EXPANSION- Medicaid expansion failing rural hospitals

MM Curator summary

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

[MM Curator Summary]: Lots of examples of expansion not being the panacea promised.

 
 

 
 

Clipped from: https://ocpathink.org/post/independent-journalism/medicaid-expansion-failing-rural-hospitals

 
 

When State Question 802 narrowly passed a voter referendum in June 2020, allowing able-bodied adults to be added to the state’s Medicaid program, backers promised it would financially stabilize and save rural hospitals.

But a new report shows that more than two years into Medicaid expansion in Oklahoma the share of rural hospitals facing financial challenges has increased.

A report by the Center for Healthcare Quality and Payment Reform (CHQPR) found that about half of Oklahoma’s rural hospitals are at risk of closing with nearly one-in-three rural hospitals at risk of “immediate” closure.

According to the report, Oklahoma has 37 rural hospitals that are at risk of closing with 24 facing “immediate” risk of closing.

The Center for Healthcare Quality and Payment Reform also reported that 58 of Oklahoma’s 78 rural hospitals, or 74%, are reporting financial losses on services.

Those figures run counter to the promises made by advocates of Medicaid expansion.

Under the 2010 federal Affordable Care Act, better known as “Obamacare,” states were allowed to expand Medicaid to add many able-bodied adults to the welfare program. However, Oklahoma policymakers did not embrace the expansion for several years because of the increased state cost.

Eventually, activists used the initiative petition process to put expansion on the ballot as State Question 802. The measure passed by a very slim margin in June 2020, and Medicaid expansion went into effect starting in July 2021.

The SQ 802 campaign included many promises that Medicaid expansion would provide financial security for rural hospitals.

The website for the “Yes on 802” campaign declared that Medicaid expansion would increase spending by $1 billion per year in Oklahoma “and keep our rural hospitals open.” A campaign ad for “Yes on 802” similarly claimed Medicaid expansion would “keep rural hospitals open.”

But the Center for Healthcare Quality and Payment Reform report indicates that rural hospitals are worse off today than they were prior to Medicaid expansion.

In July 2019, prior to Medicaid expansion, GateHouse Media reported that 52% of rural hospitals in Oklahoma lost money from 2011 through 2017. That’s a lower share than the 74% reporting financial losses today, according to the Center for Healthcare Quality and Payment Reform report.

That outcome doesn’t surprise one expert who has followed Medicaid expansion across the nation.
 

Medicaid expansion doesn’t save hospitals—it harms them,” said Hayden Dublois, data & analytics director for the Foundation for Government Accountability. “Nearly 50 hospitals have closed in expansion states since 2014–representing almost 5,400 hospital beds—despite the promises by advocates that expansion would be a silver bullet for hospital finances. Some of these hospitals directly cited expansion as a reason for closure. In contrast, hospital closures in non-expansion states are almost never caused by a lack of Medicaid expansion.”

While Medicaid expansion has not reduced the number of at-risk rural hospitals, it has increased taxpayer spending on the program.

The Oklahoma Health Care Authority, which administers Medicaid, reported that Medicaid spending in Oklahoma surged from just over $6 billion in 2021 to more than $7.8 billion in the 2022 state budget year. That was a spending increase of nearly 48% compared to 2017 with much of the new spending in 2022 tied to Medicaid expansion.

So if taxpayer spending went up and the number of patients on Medicaid increased, why have rural hospitals not become more financially sound?

“The reasoning is simple: since Medicaid reimburses hospitals at lower levels than private insurance, hospitals are financially harmed as countless able-bodied adults move off of exchange plans and employers’ plans and onto Medicaid,” Dublois said.

That’s a reality Medicaid-expansion backers previously admitted.

At a September 2019 legislative meeting, Jay Johnson, president and CEO of Duncan Regional Hospital and chairman of the Oklahoma Hospital Association’s executive committee, admitted that hospitals lose money on Medicaid patients.

“On every government payer, we don’t make a profit,” Johnson said. “At our hospital, whether we’re taking a Medicare or Medicaid patient, our expenses are greater than what we will get paid.”

(Johnson endorsed Medicaid expansion anyway even after saying the program creates financial problems for hospitals.)

Critics, such as Dublois, have long noted that individuals added to Medicaid through the Affordable Care Act’s expansion include many people who would have otherwise had private insurance. Because Medicaid reimburses roughly 60 percent of what private insurance reimburse nationwide, that translates into greater financial losses for many hospitals after Medicaid expansion.

The Center for Healthcare Quality and Payment Reform report noted that the factors causing financial losses at rural hospitals include the fact that “at-risk hospitals are losing money on uninsured patients and Medicaid patients.”

At rural hospitals that are not at risk of closure, the report stated those facilities “receive payments from private health plans that not only cover the costs of delivering services to the patients with private insurance, but those payments also offset the hospitals’ losses on services delivered to uninsured and Medicaid patients.”

In effect, that means people with private insurance are paying higher rates to cover the hospital losses created by Medicaid patients.

“Most ‘solutions’ for rural hospitals have focused on increasing Medicare or Medicaid payments or expanding Medicaid eligibility due to a mistaken belief that most rural patients are insured by Medicare and Medicaid or are uninsured,” the Center for Healthcare Quality and Payment Reform report stated. “In reality, about half of the services at the average rural hospital are delivered to patients with private insurance (both employer-sponsored insurance and Medicare Advantage plans).”
 

In neighboring Texas, which has not expanded Medicaid, the report showed that a significantly lower share of rural hospitals report losses than their counterparts in Oklahoma. But in New York, which has expanded Medicaid, 80% of rural hospitals reported losses and 43% were at risk of immediate closure, surpassing even Oklahoma’s dismal numbers.

Dublois noted that the CHQPR study shows that roughly one in four rural hospitals “are at risk of closure in states that have already expanded Medicaid.”

The CHQPR report is not the only study that has highlighted that trend.

A 2019 report by Navigant Consulting included data on states with the most community-essential rural hospitals at risk for closure. The five states with the highest number of those facilities were states that had expanded Medicaid.

Reliance on Medicaid was a factor in the financial woes of rural hospitals, according to the report.

“Residents who remain in rural communities tend to be either very old or very young, and these communities often have higher rates of uninsured, Medicaid, and Medicare patients, leading to more uncompensated and under-compensated care,” the Navigant report stated.

SQ 802 narrowly passed with just 50.49% of the vote with the “yes” vote prevailing primarily because of mail-in absentee votes from urban areas. Statewide, a majority of voters in 70 of Oklahoma’s 77 counties voted “no” on SQ 802.

Some who advocated for Medicaid expansion at that time express no second thoughts despite the worsening trend lines in rural hospitals after expansion was implemented.

“Medicaid expansion has been tremendously successful in every state where it has been implemented and not a single rural hospital has closed in Oklahoma for financial reasons since its implementation two years ago,” said Rich Rasmussen, president & CEO, Oklahoma Hospital Association.

But others express concern about hospital stability although they have not expressly linked those financial challenges to Medicaid expansion.

State Rep. Marcus McEntire, a Duncan Republican who was a vocal advocate for Medicaid expansion, continued to tout the program as recently as last year.

On his campaign website, which is updated through 2022, McEntire declared, “We are at the cusp of rural hospitals being financially self-sufficient since the ACA (Affordable Care Act) was passed.”

But by April 2023, McEntire’s tune had changed regarding hospital stability. In an article in The Oklahoman, which focused on a dispute over $600 million in federal COVID bailout funds, McEntire declared, “My concern is that we don’t use the $600 million for stabilizing the health care system because right now the hospitals are all under water.”

For opponents of Medicaid expansion, the current landscape of rural health care in Oklahoma is not shocking.

“Put simply, expansion isn’t a silver bullet for hospitals,” Dublois said. “It’s a nail in the coffin.”
 

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TECH- Data breach exposes personal information of more than 700,000 Medicaid clients in Indiana

MM Curator summary

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

[MM Curator Summary]: More info on the MOVEit data breach. This one is about the impact in IN, but the overall impact is much larger (and impacts lots of systems and vendors) and we learn more each week.

 
 

 
 

Clipped from: https://indianapolisrecorder.com/data-breach-exposes-personal-information-of-more-than-700000-medicaid-clients-in-indiana/

By FARAH YOUSRY

The personal information of more than 700,000 Medicaid beneficiaries in Indiana has been exposed in a data breach in late May.

The Family and Social Services Administration announced on Aug. 11 afternoon that a third party contractor had experienced a data breach.

“The names, addresses, case numbers and Medicaid numbers of more than 744,000 members of Indiana Medicaid were exposed in the breach,” according to the FSSA’s press release. “Social Security numbers of four additional Medicaid members were impacted.”

The breach occurred in a software called MOVEit used by Maximus Health Services, a third party contractor.

According to the FSSA, the people affected in Indiana are Medicaid beneficiaries who had received a communication from Maximus about the selection of a managed care entity.

Maximus Health Services Inc. has been an Indiana Medicaid enrollment broker since 2007. The company handles the FSSA’s communications with Medicaid clients including for redetermination and open enrollment.

The company is contacting all members affected by the data breach with information and options for credit monitoring.

For questions or additional information, individuals can call 1-833-919-4749 toll-free.

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FWA- Audit: LDH paid millions of dollars on behalf of Medicaid recipients who didn’t appear to live in La.

MM Curator summary

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

[MM Curator Summary]: Some pretty egregious examples of paying cap rates to MCOs for members who the state knew moved to other states. Can I get a PARIS file, people?

 
 

 
 

Clipped from: https://www.wafb.com/2023/08/21/audit-ldh-paid-millions-dollars-behalf-medicaid-recipients-who-didnt-appear-live-la/

 
 

Medicaid(MGN / Medicaid)

BATON ROUGE, La. (WAFB) – The Louisiana Legislative Auditors Office released an audit report on Monday, August 21, addressing the issue of Medicaid recipients who no longer live in Louisiana.

According to the audit report, the Louisiana Department of Health paid out millions of dollars over a period of several years to cover people who did not appear to live in Louisiana or had a driver’s license from another state.

The money was paid to Managed Care Entities (MCEs) for the funds to then be distributed to Medicaid recipients, the audit report states.

According to the audit, LDH paid about $3 million to cover 380 Medicaid recipients who were identified as living outside of Louisiana by LDH’s own eligibility system. The payments were made between June 2019 and February 2023, the audit found.

One example in the audit report revealed a Medicaid recipient’s address was changed to a Texas location in LDH’s eligibility system in 2019. Despite the address change, LDH paid $80,538 to MCEs on behalf of the recipient between May 2019 and February 2023, according to the audit. The Medicaid recipient never actually received any services from Medicaid, the audit stated.

The audit also found that LDH paid about $109.5 million to cover 13,391 Medicaid recipients who obtained a driver’s license in another state. According to the audit, the money was paid out between September 2016 and February 2023.

The audit report revealed that one Medicaid recipient obtained a driver’s license in New York in October 2015. Despite that, LDH paid $102,543 to MCEs on behalf of the recipient between December 2017 and February 2023, the audit stated. The recipient did not receive any services from Medicaid.

According to the audit report, LDH could do better with its eligibility process by utilizing data to identify Medicaid recipients who are enrolled in Louisiana’s Medicaid program but only receive services from out-of-state providers.

To read the full audit report, click here.

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STATE NEWS (NY) = Migrants, Medicaid, and More: NY’s Widening Budget Gap – Empire Center for Public Policy

MM Curator summary

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

[MM Curator Summary]: Looks like the Good Guvn’r of NY is getting to that thing where they shift end of year Mcd costs into next year to make it look like the state didn’t violate budget limits.

 
 

 
 

Clipped from: https://www.empirecenter.org/publications/migrants-medicaid-and-more-nys-widening-budget-gap/

 
 

The multi-billion-dollar gap Governor Hochul and the Legislature must confront in next year’s state budget appears to be growing larger.

The fiscal 2025 budget, for which the governor will present her proposal in January, was already shaping up to be a difficult one before the ink dried on the previous spending plan.

The budget approved in May essentially used $2 billion of cash to cover some of the significant growth in state spending during the current fiscal year, and pushed off the question of how to pay for it going forward. To make matters worse, officials based their spending plan on state tax receipts—which hit new records in 2022—remaining unusually high.

Those inflated assumptions about taxes were burst in June when budget officials updated their revenue forecast, which showed revenues would fall $9 billion short of expenses in fiscal 2025, which begins April 1, and $13 billion in fiscal 2026.

State tax receipts have since come in close (or even slightly above) this revised forecast, but trouble is brewing on the other side of the ledger in the form of higher-than-planned spending. It suggests the budget gap state officials face next year could be creeping past $10 billion—and go higher still.

Migrants

The arrival of roughly 100,000 foreign migrants in New York City has strained the City’s finances, with state government so far putting up about $2 billion. Governor Hochul last week indicated she’d ask the Legislature for another $1 billion to cover still-mounting costs of shelter and other care.

Unfortunately, this might not be the last time, because two key variables remain unknown.

There’s no indication that the rate at which people are arriving in New York City is slowing. The state of Texas continues offering free bus service to NYC, having transported more than 8,000 migrants since last year. Reporting by the New York Post indicates the state and city were together incurring a cost of about $10,000 per person per month to house migrants on Randall’s Island—an indication of the sort of costs the city and state could face as the situation peaks.

Meanwhile, it remains to be seen how quickly migrants can find employment (in part due to issues surrounding their legal status) and stop needing government accommodations. The city and state together could be looking at years-long financial obligations.

With the city facing its own fiscal crunch—and little flexibility to address it—state taxpayers could get hit with a bigger share of the costs.

Medicaid

About one-quarter of state spending (excluding federal reimbursements) will next year go toward Medicaid, the joint state-federal healthcare program for the poor and disabled.

Medicaid by its nature is prone to cost overruns, since it must cover eligible patient costs beyond what the Legislature may have appropriated to pay for them. That requires governors to keep a tight grip on costs, something Hochul does not appear to have been doing.

The governor and lawmakers earlier this year hiked provider reimbursement rates and made other changes to the program, pushing the state’s costs up 13 percent. They had previously (in 2022) weakened the “global cap” on Medicaid costs, a mechanism designed to discourage cost overruns.

State data indicate trouble ahead: budget officials appear to be lagging Medicaid payments, delaying them from the last quarter of the fiscal year into the start of the next—a mechanism used by Governor Andrew Cuomo to conceal overspending. (Cuomo’s 2019 plan to require New Yorkers to get new license plates was part of his effort to cover the associated costs).

The program is meanwhile re-evaluating the eligibility of Medicaid enrollees, something it was barred from doing for the first three years of the pandemic. Officials expect more than one million people to drop from the rolls, mainly from having obtained private employer health coverage. But delays in this “unwinding” process, which is poised to continue over the next several months, would have the state continue paying for people who otherwise aren’t eligible.

State Workforce

The cost of operating state agencies will be higher than forecast due to raises and bonuses promised to state workers. Hochul in June reached deals with the Public Employees Federation (PEF) and the United University Professionals (UUP), covering more than 88,000 workers in total. Other smaller union contracts expired at the end of March and will further add to state costs when settled.

To be sure, these aren’t unexpected spending increases. Budget officials appropriately set aside cash to cover “labor settlements/agency operations”—$1 billion in the current fiscal year, and about $1.5 billion in each of the next three years. But these deals will drive up the long-term cost of running state government, and the state can’t cover those extra expenses with cash indefinitely.

Light on Details

The state Budget Division last month issued its First Quarterly Update to the state’s financial plan. The update, however, was just 11 pages long (compared to over 100 around 400 pages for typical updates), and didn’t revise the budget gap estimates issued in June.

The Mid-Year Update, due at the end of October, will give an idea of whether Governor Hochul has undertaken any substantial belt-tightening to get ahead of what’s shaping up to be her greatest fiscal challenge yet.

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FWA- District of Connecticut | Former Southeastern Connecticut Counselor Pleads Guilty to Health Care Fraud and Kickback Charges

MM Curator summary

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

[MM Curator Summary]: Jeff Slocum colluded with Medicaid members using Walmart and Visa gift cards to steal $225k of your tax dollars. He (and they) did not say thank you.

 
 

 
 

Clipped from: https://www.justice.gov/usao-ct/pr/former-southeastern-connecticut-counselor-pleads-guilty-health-care-fraud-and-kickback

Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that JEFFREY SLOCUM, 55, of Johnstown, Pennsylvania, waived his right to be indicted and pleaded guilty yesterday before U.S. District Judge Stefan R. Underhill in Bridgeport to one count of health care fraud and one count of violating the federal anti-kickback statute.

According to court documents and statements made in court, from 2017 to 2022, Slocum, a former resident of East Lyme, was a Licensed Professional Counselor (LPC) with an office located at 300 State Street in New London.  In 2020, the Connecticut Medicaid program (“Medicaid”) notified Slocum that Medicaid was going to audit certain claims for psychotherapy services Slocum had billed to Medicaid between March 2018 and February 2020.  As part of its audit, Medicaid requested patient records for approximately 100 individual psychotherapy services Slocum had billed to Medicaid.

In March 2021, Medicaid notified Slocum that the audit had determined that he had received over $225,000 in payments from Medicaid for services that he had not documented.  Medicaid told Slocum it would begin to collect the overpayment by deducting the overpayment in installments from future payments Medicaid would make to Slocum.  Once Slocum learned the results of the audit and that he would have to pay the money back to Medicaid, he began submitting fraudulent claims to Medicaid for psychotherapy services that he never provided.  All of the fraudulent claims Slocum submitted to Medicaid represented that he had personally provided the nonexistent services.

As part of his plea, Slocum admitted that from March 1, 2020 to February 24, 2022, he submitted fraudulent claims to Medicaid totaling $695,048.

In pleading guilty, Slocum also admitted that he engaged in a scheme to pay kickbacks to his Medicaid patients in order to induce them to receive psychotherapy services from him.  Slocum paid these kickbacks to patients in the form of cash payments, money orders, and Wal-Mart and VISA gift cards.

Judge Underhill scheduled sentencing for November 8, at which time Slocum faces a maximum term of imprisonment of 20 years.  Slocum also has agreed to pay full restitution to Medicaid.

This investigation is being conducted by the Office of the Inspector General of the U.S. Department of Health and Human Services (HHS-OIG) and the Federal Bureau of Investigation, with the assistance of the Connecticut Department of Social Services.  The case is being prosecuted by Assistant U.S. Attorney David J. Sheldon and Auditor Susan Spiegel.

The U.S. Attorney’s Office, Chief State’s Attorney’s Office, and Attorney General’s Office meet regularly as part of The Medicaid Fraud Working Group.  The Working Group also includes representatives from the Connecticut Department of Social Services; the Connecticut Department of Public Health; the Drug Control Division of the Connecticut Department of Consumer Protection; the Office of the Inspector General of the U.S. Department of Health and Human Services, and the FBI.  The Working Group reviews pending issues and cases, identifies trends that might indicate fraudulent activity, and coordinates efforts for maximum results.

People who suspect health care fraud are encouraged to report it by calling 1-800-HHS-TIPS.

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FWA-Bolingbrook woman filed $2.5 million in false Medicaid claims

MM Curator summary

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

[MM Curator Summary]: LaTeena Smith stole $2.46M by billing Molina and Meridian for counseling services not provided.

 
 

 
 

Clipped from: https://www.cbsnews.com/chicago/news/bolingbrook-woman-medicaid-fraud/

First published on August 18, 2023 / 2:58 PM

LOCAL NEWS 

Bolingbrook woman accused of filing nearly $2.5 million in false Medicaid claims

BY ALEX ORTIZ

AUGUST 18, 2023 / 6:10 PM / CBS CHICAGO

CHICAGO (CBS) – A Bolingbrook business owner is facing several years in prison after being charged with theft, fraud, and forgery for allegedly filing $2.46 million in false Medicaid claims.

LaTeena Smith, 37, was charged with four counts of theft, managed health care fraud, and forgery in DuPage County Court, according to Illinois Attorney General Kwame Raoul’s office.

Smith owns Power Positive Youth Development. Raoul’s office said that between June 2021 and February 2023, she submitted fraudulent bills for psychotherapy services she did not provide to two Medicaid-managed care organizations, Molina Healthcare and MCO Meridian Health.

Medicaid is a government program aimed at providing health insurance for low-income people.

“I will not tolerate individuals abusing the program and stealing critical funding for their own financial benefit,” Raoul said in a statement.

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From <https://www.cbsnews.com/chicago/news/bolingbrook-woman-medicaid-fraud/>

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FWA-Worcester dental office manager sentenced for Medicaid fraud

MM Curator summary

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

[MM Curator Summary]: Robin Cronin stole an un-disclosed amount by helping other providers to bill for services under their IDs- since they had been banned from MA Medicaid years before.

 
 

 
 

Clipped from: https://www.sentinelandenterprise.com/2023/08/17/worcester-dental-office-manager-sentenced-for-medicaid-fraud/

The 61-year-old received two years probation

 
 

Worcester dental office manager Robin Cronin, 61, was sentenced by U.S. Senior District Court Judge Timothy S. Hillman to two years’ probation. In September 2020, Cronin pled guilty to one count of conspiracy to commit health care fraud and one count of health care fraud. (AP Photo/Patrick Semansky)

BOSTON — A Worcester woman was sentenced today for her participation in a scheme to defraud the Massachusetts Medicaid program, commonly known as MassHealth.

Robin Cronin, 61, was sentenced by U.S. Senior District Court Judge Timothy S. Hillman to two years’ probation. In September 2020, Cronin pled guilty to one count of conspiracy to commit health care fraud and one count of health care fraud.

Cronin was indicted by a grand jury and arrested in January 2020 along with co-conspirators Dr. Anthony DiStefano III and Dr. Scott Cale, dentists practicing in Worcester.

DiStefano was barred from participating in the MassHealth insurance program because of concerns regarding the substandard and dangerous dental care he delivered to patients. In order to circumvent his exclusion from the MassHealth provider network, DiStefano recruited another co-defendant, Cale, to join his practice.

From 2014 to 2018, dental services that DiStefano personally delivered were billed to MassHealth using Cale’s provider identification credentials. Cronin, DiStefano’s office manager, was aware of the arrangement and personally billed MassHealth for services that were not reimbursable, knowing that the claims were false.  The purpose of this arrangement was to deceive MassHealth into paying for dental services that were not reimbursable since DiStefano had already been barred from the MassHealth provider program.

As a result of this scheme, multiple MassHealth patients were harmed and received dangerously poor care from DiStefano.

Cale also pleaded guilty to his role in the conspiracy and, on Aug. 10. 2023, was sentenced to 18 months in prison and one year of supervised release. Charges against DiStefano were dismissed.

The announcement of the sentencing was made by Acting U.S. Attorney Joshua S. Levy, state Attorney General Andrea Joy Campbell, and U.S. Department of Health and Human Services Special Agent in Charge Roberto Coviello, along with the Office of the Inspector General, Office of Investigations.

Assistant U.S. Attorneys Evan Panich and Chris Looney of the Health Care Fraud Unit and Special Assistant U.S. Attorney Kevin Lownds prosecuted the case.