FRAUD AND ABUSE


To report suspected fraud or abuse of the Louisiana Medicaid Program 
visit the DHH Medicaid Site Fraud and Abuse Page.


To maintain the integrity of Louisiana Medicaid, providers must understand and follow Louisiana Medicaid's policy concerning fraud and abuse.  The following lists the different types of fraud and abuse and sets forth specific sanctions for providers who commit fraud and who abuse Medicaid.

Federal regulations require that Louisiana Medicaid establish criteria that are consistent with principles recognized as affording due process of law for identifying situations where there may be fraud or abuse, for arranging prompt referral to authorities, and for developing methods of investigation or review that ascertain the facts without infringing on the legal rights of the individuals involved.

Fraud

A matter of law rather than of ethics or abuse of privilege.  The definition of fraud that governs between citizens and government agencies is found in Louisiana R.S. 14:67 and Louisiana R.S. 14:70.01.  Legal action may also be mandated under Section 1909 of the Social Security Act as amended by Public Law 95-142 (HR-3).

Prosecution for fraud and the imposition of a penalty, if the individual is found guilty, are prescribed by law and are the responsibility of the law enforcement officials and the courts.  All such legal action is subject to due process of law and to the protection of the rights of the individual under the law.

Provider Fraud - Cases involving one or more of the following situations shall constitute sufficient grounds for a provider fraud referral:

Recipient Fraud - Cases involving one or more of the following situations constitute sufficient grounds for a recipient fraud referral:

 Abuse

Abuse of  Louisiana Medicaid by either providers or recipients includes practices which are not criminal acts and which may even be technically legal, but which still represent the inappropriate use of public funds.

Provider Abuse - Cases involving one or more of the situation listed below constitute sufficient grounds for a provider abuse referral:

Recipient Abuse - Cases involving one or more of the following situation constitute sufficient grounds for a recipient abuse referral.

Fraud and Abuse Detection

The first step in the fraud and abuse process is a referral of the suspect claim to a review board.

Referrals - Situations involving potential fraud and/or abuse which are to be followed up for review by Louisiana Medicaid may include any or all of the following:

Recipient Verification Notices 

The federal regulations (Public Law 92-693, Sec. 253 3) for MMIS require that Louisiana Medicaid provides prompt written notice of medical services which are covered to the recipients of these services.  The information contained in the notice includes the name of the person(s) furnishing medical services, the date on which the services were furnished, and the amount of payment required for the services.  A predetermined percentage of the recipients who have had medical services paid on their behalf during the  previous month will receive the required notice, that is, the Recipient's Explanation of Medical Benefits (REOMB).  Periodically, Louisiana Medicaid may send notices to 100% of the recipients receiving services from any provider for any given period.

Surveillance Utilization Review

The Surveillance Utilization Review (SUR) Department, operated by Molina Medicaid Solutions in partnership with the Department of Health and Hospitals - Office of Program Integrity, reviews provider compliance with the policies and regulations of the Louisiana Medicaid Program.  Providers with service profiles which fall outside excepted norms are reviewed by skilled medical staff using the personal computer-based Surveillance and Utilization Review System (SURS).

Providers should anticipate an audit during their association with the Medicaid Program. When audited, providers should cooperate with the representatives of DHH, which includes Molina, in accordance with their participation of agreement signed upon enrollment. Failure to comply with program regulations can result in mild to severe administrative sanctions, which include, but are not limited to:

Providers are reminded that a service undocumented is considered a service not rendered. Providers should ensure their documentation is accurate and complete. All undocumented services are subject to recoupment. Other services subject to recoupment are:

Fraud and Abuse Hotline

The State has created a hotline for reporting possible fraud and abuse in the Louisiana Medicaid Program. Anyone can report concerns to this number. The number is (800) 488-2917.

Providers are encouraged to give this phone number to any individuals or providers who want to report possible cases of fraud or abuse.