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14 March 2010 By Dave Lindorff President Barack Obama is out and abroad stumping
like mad for his embattled health insurance “reform”
plan, claiming now that his administration will “crack
down” on $100 billion in annual “waste and fraud” in
the Medicare and Medicaid systems. This new tough anti-government rhetoric is meant to
win over some of the conservative opposition that sees
all government programs as inherently wasteful,
inefficient and corrupt. But the claim itself is bogus. The figure comes from a study done annually by the
Centers for Medicare and Medicaid Services (CMS), and
that study makes it clear that it is not looking at
fraud, but at errors. And there are two things that
can be said about those errors, most of which appear
to involve problems like illegible signatures on
doctors’ orders, or lost paperwork needed to document
that a treatment being billed for actually happened. The first point to make here is that such errors
are equally prevalent in the private sector, only the
chances are that in the private sector, the errors
more often lead to shortchanging or denying care to
the patient, while in the public sector, they as often
lead to somebody or some institution getting paid more
than they deserve for treating a patient. Second, the errors in the Medicare program (there
has been no systematic study, according to a spokesman
at CMS, of error and fraud in the Medicaid program,
much of which is funded and managed by the various
states), cut both ways, with some errors leading to an
overpayment or a payment for a service that wasn’t
actually provided, and some errors leading to an
underpayment for a service that was provided. Also not
reported at all are errors that led to a person’s
being improperly denied care altogether. (The same is
true for the Veteran’s Administration, by the way,
which is notorious among veterans for improperly
denying claims of service-connected disabilities.) According to the latest CMS report, the error rate
for Medicare parts A and B--the hospital and physician
part of the program--was 7.9 percent or approximately
$24 billion. Of this, $23 billion was said to involve
overpayments, and $1.1 billion was said to involve
underpayments. The underpayment figure looks
suspicious, because in prior years, when the
overpayment figure was roughly $9-$10 billion
annually, the underpayments came in at about $1
billion also. It seems unlikely that overpayment
errors in 2009 would more than double, while
underpayment errors would stay the same. Nearly all the underpayment errors--$800 million
worth in 2009--were for inpatient care. This compared
to $6 billion in overpayment errors. In otherwords
roughly two out of every 15 errors involved the
patient or the patient’s physician or hospital being
shorted by Medicare. CMS claims that the estimated error rate for
Medicaid in 2009 was 8.7% for the federal government
and 10.5% for the states and counties that administer
the program locally. That would be $39 billion of the
$98 billion in errors and fraud found in both programs
combined for the year by CMS, and cited by President
Obama in his “$100 billion in waste and fraud” claim. But bear in mind that unlike Medicare, Medicaid is
a welfare program, which means that the bias is
towards denying benefits to applicants, as anyone who
has had experience with Medicaid can tell you.
Furthermore it is a program administered by both state
and federal bureaucrats. Back in 1977, when I was county government bureau
chief for the Los Angeles Daily News, I got
an urgent call from my editor, telling me to hop on a
story based upon a release by the L.A. County
Department of Social Services claiming to have
discovered that 5.83 percent of welfare recipients
were being overpaid because off errors and fraud, and
that a campaign was being implemented to attack the
problem, which was costing the county millions of
dollars a year. Naturally, the editor saw this as a
page-one piece, perhaps a banner headline, for the
next day's edition. I called the head of the
Department of Social Services and asked a simple
question: What is the error rate in the other
direction? What percent of welfare applicants and
recipients were being undercompensated because of
errors? After a little investigation, she returned and
informed me that the underpayment error rate was
exactly the same: 5.83%! When I reported this back to
the City Desk, there was an audible groan on the
phone. The story had lost all importance to the
editor. And yet, I thought, wasn’t an underpayment of
welfare benefits to a poor family of far greater
consequence than an overpayment is to the taxpayers?
Getting shorted $100, or even $20, for a family living
on, or below, the edge, would be catastrophic. My guess is that a good study of underpayments and
overpayments in the Medicaid program of the federal
government and the states would more than likely give
the same kind of result: an error rate in terms of
underprovision of benefits that is equal to in percent
and dollar amount the overpayment of benefits. And in
fact, with welfare type programs like Medicarid, there
is also an unmeasured or unmeasurable problem, which
is people who are wrongly denied benefits at all. They
aren’t underpaid because they are simply turned away
from public assistance for health care when they are
actually eligible. The point here is that if there is an error rate of
about 9.5% in Medicaid (I’m averaging the federal and
state error rate estimates for 2009), then either half
of that $39 billion is probably underpayment errors,
or, if they are only counting overpayment errors,
there is almost certainly another $39 billion that
should have been paid out for care of poor families
that was not paid out. Either way, the president’s incendiary claim that
there is $100 billion in waste and fraud in the
Medicare and Medicaid program is way off the mark. If the president were serious about the problem, he
would call for an honest investigation to make certain
that everyone potentially eligible for medical
coverage and assistance in both programs gets the full
benefits to which they are entitled, to minimize
inadvertent overpayments to providers, and to
prosecute to the full extent of the law those who
defraud either program. That would be fine and appropriate. But at the same
time, the president is also disingenuous in the
extreme when he just attacks fraud and waste in
Medicare and Medicaid, as though there is not massive
fraud and waste in the private insurance industry and
the rest of the medical industry (not to mention the
defense industry, where the waste and fraud in one
weapons program can dwarf all fraud and waste in the
health care budget combined). Indeed, much of the
fraud in the Medicare program is in that part of it
that is contracted out to the private insurance firms
that offer the so-called MediGap insurance policies.
Nearly all the rest of the actual fraud is perpetrated
by private physicians, private hospitals and by other
medical industry firms and pharmaceutical companies,
which submit false invoices and charge for services
and goods not delivered. And as CBS’s “60-Minutes”
program and other news organizations have reported,
there has been little or no effort devoted to
prosecution of such fraud, though it totals in the
tens of billions of dollars per year. That’s not a problem with “government-run health
care”--a bogeyman that the president regularly pulls
out to pillory--but with private healthcare. The president knows this, but since his whole
“reform” proposal is built around the private
insurance sector, he’s not going to say that. Then again, what political strategist guru in the
White House came up with the idea that attacking
alleged “waste and fraud” in “government health care”
would be a good way to win support for Obamacare? |