Audit: Feds overpayed state $106M for Medicaid

BOB SALSBERG, Associated Press
BOSTON (AP) — Massachusetts should be required to refund the U.S. government nearly $106 million for Medicaid reimbursements that were improperly submitted by the state, according to a new federal audit.
In a report slated for release on Wednesday, the inspector general’s office of the U.S. Department of Health and Human Services determined the state incorrectly calculated reimbursement rates for adjusted claims between October 2008 and December 2010.
In a response to an earlier draft of the report, the state’s Medicaid director did not refute the findings, but argued that under the same set of rules being applied by the inspector general, Massachusetts was owed $108 million in additional Medicaid reimbursements for the subsequent January 2011 to September 2013 period — an amount that would more than offset the requested refund.
The federal government typically reimburses the state for 50 percent of medical payments for low-income and disabled residents covered by Medicaid. As part of the federal stimulus law passed after the economic downturn, the Medicaid reimbursement rate was temporarily increased to help states out financially.
During the October 2008 to December 2010 period, the reimbursement rate — formally known as the federal medical assistance percentage — ranged from about 58.8 percent to 61.6 percent in Massachusetts.
At issue were adjustments the state made during that period to claims originally submitted in prior years. When an adjustment resulted in a greater expense, auditors said, the state often sought reimbursement at the temporarily higher percentage for the entire adjusted claim, when that higher rate should only have applied to the increased amount over the original claim.
Of the more than 5.5 million claims reviewed by auditors nearly 2.4 million were processed using the faulty calculation, resulting in the nearly $106 million overpayment.
In one example offered in the report, the state in 2005 paid a $1,716 claim and received a 50 percent federal Medicaid reimbursement of $858. In 2009, the state made an adjusted payment on the same claim of $2,400, which the U.S. reimbursed at the then-rate of 62 percent, resulting in a $1,478 federal share.
In fact, the higher rate should only have applied to the $684 difference between the original and adjusted claims, which would have resulted in the federal government paying nearly $200 less, the report said.
The state can seek adjustments to original claims for a variety of reasons, including inaccurate billings by providers or retroactive rate increases.
The findings of the audit and recommendation that the state refund the overpayments were sent to Marilyn Tavenner, administrator of the U.S. Centers for Medicare & Medicaid Services (CMS).
In a July 3 letter, state Medicaid director Kristin Thorn indicated Massachusetts would agree to the inspector general’s findings provided CMS accept the state’s assertion that it should receive $108 million in additional reimbursements for the period in which the rates were being reduced back to 50 percent. The net result of such a scenario would actually be a $2 million gain for the state.
In 2012, a similar audit of Maine’s Medicaid program resulted in that state being ordered to refund $9.2 million to the federal government, and prompted reviews in other states.

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