Crackdown on workers' comp billing fraud is dealt a setbackPublished: 2009-09-17 20:59:04Author: Marc Lifsher | Los Angeles Times | August 19, 2009Reporting from Sacramento - California's powerful insurance lobby has
quietly scuttled an effort to combat fraudulent medical billing that
drains hundreds of millions of dollars from the state's workers'
compensation insurance system.
At issue was a proposal aimed at
preventing billing scams backed by a task force of public and private
employers, including Los Angeles County and Walt Disney Co. It would
have required insurers to send notices to injured workers to check
whether they actually received all medical services billed.
But
insurers balked, complaining about the high cost of increased
paperwork. They persuaded state Sen. Roderick Wright (D-Inglewood) to
strip the plan from a bill he introduced in February, Wright's office
confirmed.
The proposal's setback frustrated employers seeking new tools to battle illegal traffic in medical records.
"It's
a massive problem. Hundreds of millions of dollars go down the tube,"
said David O'Brien, a workers' compensation attorney active in the
employers' task force. "It's mind-boggling that the insurance industry
says this is just another unnecessary form."
But insurers said they saw no reason to change current practices.
Sending
out notices is "prohibitively expensive" and would confuse injured
workers, said Steven Suchil, an attorney with the American Insurance
Assn. The association said it did not have a detailed analysis of how
much the mailings might cost.
There are better and more
effective ways to fight fraud, such as providing extra money for law
enforcement investigators, said Nicole Mahrt, an association
spokeswoman. Companies don't need a government mandate to send notices
if that's what they want to do, she said.
In the meantime,
Disney said it was not waiting for action from the Legislature. The
Disneyland Resort unit plans to start mailing notices early next year
to 20,000 employees when workers' compensation bills are paid.
"Once
the provider realizes that someone else is looking at what's being
billed, there's a built-in incentive for them to go somewhere else" to
commit fraud, said John Riggs, the workers' compensation manager for
the resort unit.
In many workers' compensation fraud cases,
experts say, criminals typically obtain names and data about injured
workers and then set up "phantom" medical laboratories. The labs then
bill insurers for services that did not occur.
"You feel
violated," said John O'Brien, a retired captain in the Los Angeles
County Sheriff's Department who is not related to David O'Brien. The
retired officer's medical records were stolen and used to bill the
county for phony medical tests.
"I was never aware of this, and that's why the crooks were so successful," he said.
In
February, task force members concluded that much of the fraud could be
eliminated with a simple fix: sending out notices. Injured workers
could then blow the whistle if they spotted any bogus billings. Such
notices, though standard practice in health insurance, aren't used in
workers' compensation insurance.
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