In his address to a joint session of Congress on February 24, 2009, President Obama, at the very outset of his administration, promised to “root out the waste, fraud, and abuse in our Medicare program that doesn’t make our seniors any healthier.” In recent days, we have begun to see the President’s promise become a reality.

Obama’s  F.Y. 2010 budget proposal, released on May 10, included a $1.7 billion increase over five years to the Health Care Fraud and Abuse Control Program. That program, under the joint direction of the Department of Justice and the Department of Health and Human Services, was established in 1996 by The Health Insurance Portability and Accountability Act of 1996 (HIPAA), under President Clinton.

On May 20, new Attorney General Eric Holder and HHS Secretary Kathleen Sebelius announced a new interagency effort, the Health Care Fraud Prevention and Enforcement Action Team (HEAT), to combat Medicare fraud. HEAT will build on efforts begun with significant success under the Bush administration:

The HEAT team will include senior officials from DOJ and HHS who will build upon and strengthen existing programs to combat fraud while also investing new resources and technology to prevent fraud, waste and abuse before it happens. Efforts will include the expansion of joint DOJ-HHS Medicare Fraud Strike Force teams that have been successfully fighting fraud in South Florida and Los Angeles. Established in 2007, these teams have a proven record of success using a “data-driven” approach to identify unexplainable billing patterns and investigating these providers for possible fraudulent activity. The Medicare Fraud Strike Force team operating in South Florida has already convicted 146 defendants and secured $186 million in criminal fines and civil recoveries. After the success of operations in South Florida, the Medicare Fraud Strike Force expanded in May 2008 to phase two in Los Angeles, where 37 defendants have been charged with criminal health care fraud offenses. To date in the Los Angeles cases, more than $55 million has been ordered in restitution to the Medicare program.

“We know these strike forces work. I believe a targeted civil and criminal enforcement strategy in these locations will have a substantial impact on deterring fraud and abuse, protecting patients and the elderly from scams, and ensuring that taxpayer funds are not stolen,” said Attorney General Holder.

Republican Congressman Peter Roskam recently established his “Medi-FraudAlert” blog on his Congressional web site as a “forum to discuss the massive waste, fraud and abuse in the current Medicare and Medicaid systems”. Roskam absurdly states these costs could reach $500 billion annually. (The total cost of Medicare is only about $450 billion.) But the costs of fraud are significant – 3% or more of total health expenditures, 10.5% of federal Medicaid expenditures by one estimate. Roskam’s blog does a good job of highlighting some of the Obama administration’s early successes in combating fraud:

June 25:  A day after a $100 million fraud was exposed, yesterday, 53 people were indicted in a $50 million Medicare fraud scheme spanning from Detroit to Miami. The scheme involving patients, doctors, medical assistants and company owners, focused on Medicare claims submitted for unnecessary or never delivered treatments mostly for HIV-related drugs and physical therapy treatments.

June 29: Friday, eight Miami-area residents were arrested and charged with attempting to defraud Medicare for $22 million – having already paid out $15.3 million of those claims from Medicare. The Miami Herald reports that this was the prosecutors’ “first crackdown on home healthcare offenders in a decade.” In this case, two firms were raided, had their bank accounts frozen, and stand accused of filing bogus claims mostly for homebound diabetic services. ABC Home Health Care submitted $17 million in false claims since January 2006, and has already been paid $11.3 million in taxpayer money. Florida Home Health Care Providers filed $5.5 million in false claims since October 2007, being compensated with $4 million of taxpayer money.

June 30: Yesterday, a Miami doctor was sentenced to eight years in prison and ordered to pay more than $9 million in restitution for his part in a Medicare fraud scheme where he ultimately filed $20 million in false claims. The physician, Roberto Rodriguez, billed for fake HIV infusion services at six Miami-area HIV infusion clinics.

But Roskam, of course, has not created this blog because he wants the public to know how effective the administration has been so early in combatting fraud. Rather, Peter Roskam is using the existence of Medicare/Medicaid fraud as an excuse to subvert Democratic efforts to make quality healthcare coverage available to all American citizens, something to which he is ideologically opposed.

Roskam appeared this morning on WBIG 1280 AM this morning promoting his blog. He bemoaned the fact that physicians are reimbursed at such a low rate by Medicare and Medicaid due to the excessive expenditures on fraud and abuse and reiterated that he thought it unwise to pursue universal coverage with fraud so rampant. Roskam offered no solutions however for the 45 million Americans who have no health coverage. He did not even acknowledge them. Under the Roskam plan, they are on their own. You can listen to Roskam here:

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I think Roskam’s focus on Medicare fraud is a lame excuse for not doing what basic justice and decency require – that we provide healthcare to every American. If you agree with me, I encourage you give Peter Roskam a call and demand universal coverage now.  Tell him we’ve got blogs aplenty, we need a health plan. (You can attempt to post a comment on his blog but I expect that will be a waste of time as they are screening out unfavorable comments).  You can reach Peter Roskam at (202) 225-4561 in Washington or at (630) 893-9670 in Bloomingdale.

Summer has been busy and I haven’t had time to write as much as I’d like. Some important votes have slipped by without comment. One that I think is of particular interest is the vote on June 24 on H.R. 6331: Medicare Improvement for Patients and Providers Act of 2008. Medicare recipients and the physicians who care for them should take special note.

On July 1st 2008, physicians participating in the Medicare program were scheduled to receive a 10 percent cut in reimbursement. An additional 5 percent cut was to take place in 2009. These cuts, if enacted, could have been devastating to both physicians, who are struggling to maintain the solvency of their practices in the face of reimbursement reductions by state, federal and private payers, and to Medicare recipients, who are faced with increasing difficulty in finding physicans willing to treat Medicare patients. According to the American Medical Association, as many as 60% of physicians would have been forced to limit their services to Medicare recipients under the proposed cuts.

In an effort to prevent these cuts from taking place, Democrats in the House, led by Rep. Charles Rangel, introduced H.R. 6331. In addition to to stopping the physician pay cuts, the bill provided for a number of modest improvements to the Medicare program to aid beneficiaries including:

  • Coverage of additional preventive services
  • Elimination of late enrollment penalties for the part D drug benefit
  • Coverage of pulmonary and cardiac rehabilitation
  • Elimination of higher co-payments for mental health services

Prior to the vote, President Bush threatened to veto the bill because it would have reduced payments to Medicare Advantage plans – private health insurance plans that offer alternatives to traditional Medicare under contract with CMS. Such plans currently receive, on average, about 12% more than the cost of services for recipients in traditional Medicare. Outside the Administration, there is widespread feeling that these plans, which are supposed to reduce costs through careful medical management, should be receiving reimbursements at a level lower than the costs of traditional Medicare, although insurance companies argue that the cuts will increase out-of-pocket costs and decrease options for Medicare Advantage recipients.

When the bill came to a vote on June 24, Peter Roskam voted no, siding with the Bush administration in its desire to allow the pay cuts to take effect. The bill passed but was vetoed by the President on July 15. That veto was quickly overridden by the House and Senate and has become law.

Physicians and Medicare recipients in the 6th district should ask Peter Roskam why he voted to support pay cuts for Medicare physicians. Roskam can be reached at his Washington office at (202) 225-4561 or in Bloomingdale at (630) 893-9670.