Making Medicaid workPublished: 2010-01-06 10:21:14Author: Baltimore Sun | January 4, 2010Everyone makes mistakes. Despite
their best efforts, doctors, hospitals and other health care providers
make their share. So do government bureaucrats. But there's a big
difference between an error and a deliberate act of fraud. Those who
knowingly and deceptively create a false medical claim in order to bilk
the government out of large sums of money deserve no sympathy
whatsoever.
That's why one of the bigger errors made by members of the Maryland
General Assembly last year was to reject a bill that would have helped
the state crack down on
Medicaid fraud. Legislation submitted by
Gov. Martin O'Malley last January would have given the state the authority to seek triple damages in such cases.
The federal government already has similar power, and it's proven
helpful to reducing false claims, but the 10-year backlog of cases is
daunting. Maryland's fraud investigations are now hampered: Without
some form of punitive damages, perpetrators end up returning their
ill-gotten gains as if it was all little more than a no-interest loan.
But the legislation died on the Senate floor by a single vote, the
victim of an onslaught of lobbying from the medical community and
business interests that claimed it would increase health care costs.
Never mind that the complaint was like saying some level of crime is
fine because it keeps insurance companies in business.
Specifically, providers complained that provisions in the law meant to
protect whistle-blowers would lead to disgruntled employees (and their
lawyers) filing costly actions against health care providers with no
legitimate cause. But that hasn't been the experience at the federal
level. Meanwhile, about half the states - including some of the most
politically conservative in the nation - have adopted anti-fraud laws
with similar provisions.
That's because the more the state collects from the perpetrators of
fraud, the less that must come from taxpayers, providers and
beneficiaries. Thanks to the Senate's failure, the state was denied the
estimated $11 million in penalties it likely would have received this
fiscal year.
In the midst of a severe economic recession, Maryland has had to reduce
both services and reimbursements. As much publicity as it generated,
the choice to close an Eastern Shore mental health facility was just a
small part of the budget reductions. Last year, the total health budget
was reduced by more than $271 million to keep pace with falling tax
revenues.
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