Recently Released Audit Questions State Anti-Fraud Efforts in Medicaid
Florida's Medicaid program has been rapped by auditors who questioned what the state got for millions of dollars spent with a company whose lobbyists included two former Republican House speakers and a former top health care regulator.
April 02, 2018 at 12:32 PM
4 minute read
Florida's Medicaid program has been rapped by auditors who questioned what the state got for millions of dollars spent with a company whose lobbyists included two former Republican House speakers and a former top health care regulator.
State auditors additionally raised questions about how aggressive the Agency for Health Care Administration has been in trying to clamp down on fraud. The newly released audit said the agency's Office of Medicaid Program Integrity never forwarded leads regarding potential fraudulent activity to 11 HMOs under contract with the state.
The audit released last week by the state auditor general questioned why Florida spent more than $5.5 million on an advanced data analytics system and renewed the vendor's contract five times despite the company's inability to include data on the majority of people enrolled in the Medicaid program.
Between 2014 and 2017, when SAS Institute was working for the state, the company listed a cadre of well-connected Tallahassee lobbyists, including former AHCA Secretary and Medicaid director Tom Arnold and former House speakers Dean Cannon and Larry Cretul.
Despite the audit findings, AHCA spokeswoman Mallory McManus said in a statement that the agency believes “Florida has the best Medicaid Program Integrity unit in the nation. Combatting and reporting fraud and abuse is one of our agency's top priorities, and we work every day with our health plans, and other stakeholders to ensure this activity is properly reported and dealt with.”
According to the audit, the state contracted with SAS in 2014 to develop and maintain an advanced data analytics system.
Though what is known as managed care “encounter data” was available, the state did not require SAS to include it in the advanced analytics until 2015. Even then, AHCA staff told auditors that SAS had been unable to process the Medicaid managed care encounter data due to differences in how managed care plans coded the data compared to claims data from the traditional fee-for-service payment system. As a result, the data wasn't included in the SAS's analyses until January 2017, six months before the contract expired.
Lawmakers in 2011 passed a major overhaul of the Medicaid system that requires most beneficiaries to enroll in managed care plans, moving away from the fee-for-service model. Only about 20 percent of 3.9 million Medicaid beneficiaries are outside of the managed care system, according to enrollment reports.
AHCA ultimately withheld $1.4 million in payments from SAS for its performance, a move made possible under a change the state made to the contract in 2016, which McManus says, underscored the state's commitment to combating fraud and abuse.
The audit noted AHCA renewed the contract five times, despite never conducting a cost-benefit analysis. The audit recommended that agency officials “document consideration of the cost effectiveness of applicable contracts. We also recommend that, prior to contracting for similar services in the future, agency management establish and clearly identify vendor performance benchmarks.”
The OMPI is responsible for overseeing Medicaid provider activities to minimize fraud and abusive behavior, to recover Medicaid overpayments and to impose sanctions when appropriate.
The office conducts audits of Medicaid providers to look at issues such as possible fraud and overpayments. The audits are based, in part, on analyses of Medicaid data.
But the audit said the OMPI did not refer leads or referrals about possible wrongdoing to managed care organizations for investigation.
The audit said the “effective use of Medicaid managed care encounter data to identify and timely communicate to the [managed care organizations] leads related to possible acts of fraud, abuse, or overpayment in the Medicaid program could allow the [managed care organizations] to more quickly stop or prevent unallowable payments to providers and provides greater assurance and further serves to demonstrate that the Agency is overseeing Medicaid provider activities in accordance with state law.”
McManus, the AHCA spokeswoman, downplayed the auditor general's finding, calling it “technical.”'
“Historically, our agency has not distinguished between fee-for-service claims and encounter data claims when we make referrals, but this does not mean that our agency is not referring fraud and abuse to the managed care plans,” she said, adding that the agency made 180 referrals to plans for follow-ups. “In the future, in response to the audit we will make the distinction, but this is a very technical finding.”
Christine Sexton reports for the News Service of Florida.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllUS Judge Dismisses Lawsuit Brought Under NYC Gender Violence Law, Ruling Claims Barred Under State Measure
Second DCA Greenlights USF Class Certification on COVID-19 College Tuition Refunds
3 minute readFlorida Law Firm Sued for $35 Million Over Alleged Role in Acquisition Deal Collapse
3 minute readTrending Stories
- 1No Two Wildfires Alike: Lawyers Take Different Legal Strategies in California
- 2Poop-Themed Dog Toy OK as Parody, but Still Tarnished Jack Daniel’s Brand, Court Says
- 3Meet the New President of NY's Association of Trial Court Jurists
- 4Lawyers' Phones Are Ringing: What Should Employers Do If ICE Raids Their Business?
- 5Freshfields Hires Ex-SEC Corporate Finance Director in Silicon Valley
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250