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belligerentclif25
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CAGW Slams CMS for Secretive Settlement, Payments of $1.3 Billion for Improper Hospital Claims
WASHINGTON--(BUSINESS WIRE)--Citizens Against Government Waste (CAGW) today slammed the Center for

Medicare and Medicaid Services (CMS) for engaging in a nebulous

settlement agreement with 1,900 hospitals, paying 300,000 hospital

claims that had already been denied by two levels of CMS auditors as

medically unnecessary. Hundreds of thousands of denied claims were stuck

in the Department of Health and Human Services (HHS) Office of Medicare

Hearings and Appeals (OMHA) and the settlement, which offered a partial

payment of 68 cents for every $1 on a denied inpatient claim in exchange

for hospitals agreeing to the dropping their appeals, was CMS's solution

to breaking that logjam. The payments of $1.3 billion as of June 1, 2015

will be withdrawn from the Medicare Trust Fund, which is facing

insolvency. In keeping with the Obama administration's abysmal record on

transparency, the CMS statement on the settlements fails to identify

which hospitals received money.

The settlement process was murky from its inception. On August 29, 2014,

CMS announced the global financial settlement for hundreds of thousands

of Medicare fee-for-service claims that had been denied twice and then

appealed by providers to the third level of appeals, the administrative

law judges (ALJ). The vast majority of these claims were related to

short inpatient hospital stays (an area that had been identified by CMS

as highly vulnerable to improper payments), and had been denied at two

lower levels, including by Recovery Audit Contractors (RACs). The

appeals backlog had brought OMHA

to a standstill. At an April 28, 2015 Senate Finance Committee

hearing, OMHA Chief ALJ Nancy Griswold testified that between fiscal

year (FY) 2009 and FY 2014 OMHA's workload had jumped by 543 percent,

the number of appeals the agency received rose from approximately

384,000 in FY 2013 to 474,000 appeals in FY 2014, and adjudication times

increased to 572 days. As a result of the hospitals "appeal everything"

strategy, OMHA was forced to suspend new requests for hearings, a hiatus

that is expected to last two years.

The Medicare fee-for-service program has the highest level of improper

payments of any federal program, $46 billion in 2014 alone. In its 2015

annual report

on "Opportunities to Reduce Fragmentation, Overlap, Duplication, and

Improper Payments and Achieve Other Financial Benefits," the Government

Accountability Office identified Medicare as one of the biggest drivers

of the increase in improper payments government wide, noting that "For

the first time in recent years, the government-wide improper payment

estimate significantly increased--to $124.7 billion in fiscal year 2014,

up from $105.8 billion in fiscal year 2013. This increase of almost $19

billion was primarily due to estimates for Medicare, Medicaid, and the

Earned Income Tax Credit, which account for over 76 percent of the

government-wide estimate."

"This $1.3 billion settlement is indicative of how endangered program

integrity efforts are at CMS," said CAGW President Tom Schatz. "The lack

of transparency in the hospital settlement process should be a cause of

major concern to taxpayers, members of Congress, and Medicare

beneficiaries. Furthermore, the suspension of RAC audits, coupled with

this settlement, means that a portion of the $9.7 billion in improper

payments that have been recovered by RACs for the Trust Fund over the

last several years has now been sent back to the very providers who

systematically flooded the OMHA with appeals over denied claims.

Providers have not only managed to fend off oversight of hundreds of

thousands of potentially improper claims, they have been rewarded

financially for doing it. This is a terrible precedent and deserves a

full investigative hearing before jurisdictional committees."

Citizens

Against Government Waste is a nonpartisan, nonprofit organization

dedicated to eliminating waste, fraud, mismanagement and abuse in

government.

http://www.businesswire.com/news/home/20150612005930/en/CAGW-Slams-CMS-Secretive-Settlement-Payments-1.3




 
 
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