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New Legislation Proposed to Prevent Medicare Fraud

By Michael A. Piekarz
Staff Writer

Catching criminals, stopping Medicare or Medicaid fraud, and recapturing an estimated yearly fraud loss of $60 billion are the aim of two proposed laws introduced in the U.S. Senate earlier this month.

The Seniors and Taxpayers Obligation Protection Act (STOP) is designed to reduce or eliminate massive financial losses each year by creating fraud prevention and detection systems.

The Medicaid Accountability through Transparency Act (MAT) will require transparency in billing for services and medical equipment.

If passed, the legislation will give the Centers for Medicare & Medicaid Services (CMS), the Department of Health and Human Services (HHS) and the Social Security Administration the tools and authority to prevent fraud before it starts and detect waste and abuse much earlier.

The two bills were introduced by Senators Mel Martinez, R-Fla., and John Cornyn, R-Texas.

“Each year, criminal fraud in Medicare and Medicaid diverts billions away from programs that care for our nation’s 43 million seniors and disabled persons,” Martinez, ranking member of the Senate’s Special Committee on Aging, proclaimed. “We need a proactive approach to tackle this problem, and that begins with efforts to bring transparency to the system and common sense efforts to detect and prevent fraud.”

The language of the proposed STOP Act requires the Secretary of HHS to implement changes to the current system of using Social Security numbers as the Medicare Beneficiary Identifier on Medicare cards in order to reduce fraud and identity theft among seniors.

“These steps will help protect seniors and doctors from identity theft, keep criminals from becoming Medicare providers, and strengthen data mining and matching to catch criminals currently in Medicare in real time,” explained Martinez.

The STOP Act also improves HHS’s detection methods and places billing statements under increased scrutiny. Items such as durable medical equipment are often falsely billed at taxpayer expense — usually by fake companies with nothing more than a P.O. Box.

“This legislation takes a big step in preventing Medicare fraud and abuse, which costs taxpayers up to $60 billion each year, and it will help [to] ensure that Medicare spending is actually reaching Medicare patients,” said STOP Act cosponsor Sen. Lamar Alexander, R-Texas, a member of the Senate Committee on Health, Education, Labor and Pensions.

If passed, the MAT Act will reduce the prevalence of fraud in the Medicaid program by requiring HHS to publicly disclose the Medicaid payment data it already collects through the establishment of a publicly-accessible Web site containing non-aggregated Medicaid claim payment data in compliance with existing medical record privacy laws.

The information on the Web site will be provided in a format that is easily accessible, useable and understandable to the public, and it will be updated at least once per calendar quarter.

By disclosing Medicaid payment data, it is hoped that the new law will protect American taxpayers by reducing waste, fraud and abuse.

“Americans expect better fiscal management from their government, and this legislation helps stop the loss and waste of our already-strained Medicare funds by also providing fraud protection and prevention mechanisms for our seniors,” explained Sen. David Vitter, R-La.

Lawmakers noted that the MAT Act should allow the proper authorities to prosecute fraud cases without compromising the identity of Medicaid beneficiaries.

To ensure compliance, the bill imposes a penalty of $25,000 per day for any period in which the Secretary of HHS has found a state to have not fully and properly complied with the requirements for data collection associated with the Medicaid Statistical Information System.

“Medicare fraud and abuse not only wastes an estimated $60 billion a year of taxpayer dollars, it hurts legitimate providers and Medicare recipients,” said Cornyn. “This legislation will better detect and prevent abuse of the system to stop Medicare fraud before it starts. I urge my colleagues to support this important measure so we can strengthen protections for taxpayers and those who depend on Medicare.”

Further action on the two bills is expected later in the year.

 


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