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Medicare Advantage: Enrollment fraud investigated in Tucson

by on Jan. 05, 2012, under Health

According to a press release from Medicare today:

The Centers for Medicare & Medicaid Services (CMS) is investigating an alleged fraudulent scheme to enroll about 900 Arizona Medicare beneficiaries in different Medicare Advantage health plans without their consent.

Under the scheme, Medicare beneficiaries enrolled in Medicare Advantage health plans sponsored by Health Net and two other companies were switched without their consent to Medicare Advantage plans sponsored by United HealthCare. Most, if not all, of the switches are alleged to have been made by the same sales agent. Agents typically receive commissions of about $200 for every new member they enroll in a Medicare Advantage plan. Most of the affected beneficiaries were enrolled with Health Net during 2011, although some were members of Humana and CareMore plans.

CMS advises Medicare beneficiaries who suspect they may have been switched without their permission to call 1-800-MEDICARE (1-800-633-4227) and report their concerns. All affected beneficiaries will be re-enrolled in the plan of their choice with no interruption in medical coverage.

Word on the street is that an independent agent, who previously worked for Health Net, allegedly enrolled 900 current and former clients in the AARP Medicare Complete Medicare Advantage plan.  Allegedly, this agent was able to make these 900 enrollments online using a UnitedHealthcare website.  The website allows Medicare beneficiaries to fill out an application online and put in their insurance agent’s id number so the agent gets credit for the enrollment. But this is only supposed to be done after a meeting with the agent to review the details of the plan, including drug coverage.

I have heard from one insurance broker who got calls from several clients asking why they had received an id card from the AARP Medicare Complete plan when they had no desire to change from Health Net. The broker contacted Health Net and was told there was an ongoing investigation.

It looks like they didn’t have to look very far to find a hot trail of 900 online enrollments, each with one agent’s id number (allegedly).

One has to wonder how a person in their right mind could think they would get away with changing 900 people to another Medicare Advantage plan without their consent!!  Insurance agents and brokers are required to take annual training classes during which they are warned about the seriousness of Medicare fraud and the penalties involved, which include $25,000 fines for each incident as well as jail time.

Medicare already hates insurance agents and thinks they are all out to take advantage of seniors. Certainly there are some bad apples among insurance agents/brokers, but most are ethical and very helpful to their clients. This is one rotten apple (allegedly) who could spoil the Medicare barrel for everyone.

UPDATE as of January 10:  I have heard through the grapevine that United noticed the high enrollment numbers by one independent agent.  United supposedly confronted the independent agent who denied any wrongdoing. When the high numbers continued, United stopped commission payments and alerted Medicare about the problem.  But because the enrollments were done electronically/on-line, they went right to Medicare, and United couldn’t stop them.

I also got a call yesterday from KVOA channel 4, and it looks like they are starting their own investigation into this news story.  Apparently, a person who was a victim of this plan change fraud called KVOA around Christmas to ask that a news story been done about this incident. KVOA now has the time to investigate this, so we may see this story get some air time soon.

UNITEDHEALTHCARE  has asked that I include the following statement in this post:

Immediately upon being alerted to this third party agent’s conduct, we notified the appropriate authorities, investigated the matter and then terminated the agent.   Such conduct is not acceptable.   As importantly, all affected beneficiaries will be re-enrolled in the plan of their choice with no interruption in their medical coverage and we apologize for any inconvenience that may have occurred. Any  Medicare beneficiary who suspects they may have been switched without their permission should call 1-800-MEDICARE (1-800-633-4227) and report their concerns.

Thank you.

Matt Burns

Spokesman for UnitedHealthcare’s Medicare business

 


  • Wilson

    and what I want to know is where is the $ 18,000 in commissions this “AGENT” made on the switch. ???? are the taxpayers on the hook for this ?

    “Agents typically receive commissions of about $200 for every new member they enroll in a Medicare Advantage plan.”

    Do the Math !!!

    • medicareblogger

      UPDATE:  I heard through the grapevine that United noticed the high enrollment numbers by one independent agent.  United supposedly confronted this person, who denied any wrongdoing. When the high numbers continued, United stopped commission payments and alerted Medicare of the problem.  But because the enrollments were done electronically, they went right to Medicare, and United couldn’t stop them.
      I am left to wonder, once again, why a person who was confronted would keep putting in hundreds more fraudulent enrollments.

  • medicareblogger

    900 x $200 is…$180,000 !!!  These commissions would have been paid by UnitedHealthcare to the agent. Hopefully United caught this alleged fraud before all the commissions were paid. I’m sure United has the means to get back any commissions paid for fraudulent enrollments.

    Any one agent enrolling 900 people during the Annual Enrollment Period would be very unusual – and impossible, if that agent was meeting with each person to review the plan details; checking on each client’s drugs to be sure they’re covered by the plan; making sure each client’s doctors are in the plan… This takes one to two hours per meeting, and some clients require more than one meeting.

    Any agent who thinks these huge (and impossible) enrollment numbers would not attract some scrutiny is…. Perhaps I should avoid psychoanalysis with regards to this alleged case.
     

  • S Finney

    Yes, please do the math. 200 X 900 = $180,000?

  • http://cynicalpharmacist.blogspot.com The Cynical Pharmacist

    One would think that an insurance company the size of United Healthcare would have systems in place to detect such alleged fraud without having to be alerted by the victims. A skeptical person might not agree with the conclusion that it was just “one” rotten apple spoiling the barrel.

  • jane

    Ah, once again we see the “Business of Poverty” that Bill Moyers covered so well a few years back.

    When I found out this happened to me on Dec 22 I was told by both HealthNet and United Healthcare that they were not going to make this situation public. I called local news stations, emailed a few newspapers and no-one would pick up the story. Since I felt the information was critical and time-sensitive I posted about it on wordpress:

    Dec 23: Arizona Health Net Medicare HMO Customers Fraudulently Transferred to United Health’s AARP Medicare HMO as of 12.07.2011:

    https://readmyblips.wordpress.com/2011/12/23/arizona-health-net-customers-fraudulently-transferred-to-united-healths-aarp-hmo-as-of-12-07-2012/

    Dec 27: Update on Arizona Health Net / United Health Care Fraudulent Transfer Applications:

    https://readmyblips.wordpress.com/2011/12/29/update-on-arizona-health-net-united-health-care-fraudulent-transfer-applications/

    A short summery of some of what I say below can be found in those posts.

    Some agent did this? Hardly likely. No mention that most of the ‘fraudulent applications’ used people’s old addresses. Or that to fill out such an application the “agent” would have to have known the Medicare start date for each individual. I don’t even know what mine is. I’d have to look at my Medicare card.

    There is a long trail leading to this instance of Medicare slamming. United Healthcare was caught doing the same thing in Florida (another large elderly and disabled population)  in 2007 and it was a major story then:

    Florida Lawyer Brings Class Action Against UnitedHealthcare

    http://norfolk.injuryboard.com/miscellaneous/florida-lawyer-brings-class-action-against-unitedhealthcare.aspx

    And then there were the HealthNet disks stolen in 2009 while en route to somewhere during the transition period of United Healthcare’s buy out HealthNet North East.

    Perhaps the disks finally showed up. At United Health Care.

    And last October, 9 HealthNet servers went missing from the vendor IBM facility. HealthNet states that the thefts don’t affect clients in Arizona and so did not provide ID theft coverage.

    And on and on and on.

    There is no such thing as personal medical information anymore. If HealthNet didn’t get Arizonan’s info from the disks that went missing in 2009 or the servers that went missing in October 2011 they’d all still have everyone’s info available to them anyway since they all use Ingenix (a “Health Information Exchange”) which is owned by… United HealthCare (Ingenix changed it’s name to OptumInsight after the NY Attorney General sued them and United Healthcare in 2008 for using algorithms that defrauded both doctors and patients):

    http://rtacpa.blogs.com/reedtinsley/2008/02/ny-attorney-gen.html

    Please file a formal complaint with the AZ Department of Insurance:

    http://www.id.state.az.us/consumerassistance.html

    While other states have brought suit against HealthNet, United Healthcare and Ingenix Arizona seems to just let it all go by. Where is the AZ Attorney General?

    • tunkashila

      He’s too busy trying to shut down MAS classes in TUSD and begging the feds to keep from having to implement medical marijuana to pay attention to something as trivial as governmental assistance agencies being robbed blind, of course.  Quit expecting a racist anti-drug crusader to actually do the job he was elected to do! 

  • D.D.

    A couple of thoughts…
    First, to anyone reading this that has had this happen to them, here’s what might keep it from happening again…

    Years ago, “Mercy Care” moved me onto their rolls against my will and without my knowledge so many times I lost count.  Every single time the way I found out was when my doctors were not paid.  When trying to fix the problems, they always gave me the runaround…  Many calls to Phoenix and back and no one would take responsibility.

    Finally, I called Medicare and Medicaid (AHCCCS) and asked them to send me new paperwork.  At the top of every page of the new paperwork I wrote in large, block letters, “You may NOT change me to a new Medicare provider without MY WRITTEN REQUEST, signed and dated by me.”  I also initialed and dated every statement.  Within the paperwork, there’s also a section where you are asked if you want to switch to a new provider.  Also write the above statement there, initial and date it.

    Ever since I’ve been doing this (on every bit of paperwork I receive!)  I’ve never been switched again (knock on wood).  Mercy Care will still send me info now and then, and when they do, I immediately call Medicare and AHCCCS to see if they’ve tried to switch me. 

    It’s horrible and ridiculous that we have to take these kinds of precautions.

    Personally, I think the UHC thing is a scam where they could have gotten people’s info through the computer system of the (outsourced) billing services such as the massive EDS (Electronic Data Systems).  EDS seems to do the majority of Medicare billing services even though they have a nasty record in many states. 

    Also, it doesn’t help that all of our personal and medical info resides in “the cloud” which has been shown to be seriously unsafe for such personal info. 

  • medicareblogger

    Think back to when you first enrolled with Health Net. You would have filled out a paper application, and you would have been given a copy of that application for your records. The agent who signed you up would have/should have put their name on the application.
    Insurance brokers in Tucson who are talking about this case say it all points to one person.  But that is just talk.
    Re-read my original comments in my post to see how one agent allegedly put in the enrollment online. 
    Health Net and United had no say in  this situation becoming public (or not) as the Centers for Medicare & Medicaid Services (CMS) put out its own press release.  CMS is investigating this case and will certainly get to the bottom of it. At some point, I would think the details and names will be available to the public.  If not, you can file a freedom of information request to get, what should be, public information.  How soon the investigation will conclude and charges will be filed (if warranted), is impossible to know.

  • jane

    Glad to hear that Ch 4 is finally going to look into this. I was the person who called in December (around the 23rd) asking them to do the story since many would wind up without insurance come Jan 1. Never heard back from them or from Channel 9 (on your side).
    Has the name of the ‘agent’ been stated anywhere? I am going to look for my initial sign up papers and see if the agent I signed with is on there. If not I’m going to request (for the third time) that I be sent a copy of my initial paperwork.
    Is there no other action to be taken against this ‘agent’? Why shouldn’t those affected by all this be able to file suit against whoever was responsible?
    Thanks for the update.

  • medicareblogger

    I’m not a lawyer, so I don’t know how the legal system works in this kind of case, but I know that Medicare is really big on going after fraud. I have a feeling the independent agent who is accused of 900 fraudulent acts is in some big trouble.
     
    As for the 900 or so people who were switched to another Medicare Advantage plan without their knowledge, most of them have probably been changed back to their original plan and will not be adversely affected.  But this makes me think I should make a few calls to see if anybody will tell me if this has, indeed, happened.
     
    Once the culprit is charged and the name is made public, you can bring your own lawsuit, I suppose. But I don’t know how this works when a person is found guilty – or pleads guilty.  If that person has money and assets, you might get some  financial compensation. But if that person is broke, you’re out of luck, I’d imagine. And speaking of broke, it is my understanding that an insurance agent can be fined $25,000 for one act of Medicare fraud.  Multiply that times 900 and…… that person will be broke and maybe in prison.

    • Diana Kelley

      I am an insurance agent here in Tucson and specialize in plans that go with Medicare for people turning 65. Due to these “bad apples” I am required to pay $150. per year to take a required test to ensure that I know the Medicare compliance rules. I must also take a separate exam for each company I represent and am contracted with in order to sell their products. In some cases I must also attend a two to four hour educational meeting as well. Each year I spend at least forty hours on these exams. These tests and educational meetings are very clear when it comes to compliance and what the punishments will be if an agent is not compliant. I receive at least five emails per day from these insurance companies regarding compliance. They spend a fortune communicating to agents about compliance. The person who did this had to know exactly what was going to happen to them and did it anyway. This disgusts me! I spend at least two hours with each of my clients when signing them up for a plan. That appointment only comes after the client has returned a “scope of appointment” form giving me permission to see them, which is required by Medicare. I adore my clients and go out of my way to make sure they are comfortable with their decisions on health care. We go through the co-pays, medications, Drs, summary of benefits, personal needs, etc.  How does this person sleep at night? Not only is this behavior damaging to seniors but it makes the rest of us who follow the rules 100% and truly care about our clients look bad. In a day and age where trust is lagging this is the last thing a senior needs to deal with! As an agent who complies with all of the rules I can tell you  that these insurance companies (and yes, that includes United Health Care and Health Net) go above and beyond the call of duty to ensure that all agents are compliant and that their members are protected. I am an independant broker and believe that these Advanatge plan are not “one size fits all”.  I represent and am contracted with all but one Advantage plan here in Pima county as well as several Medicare supplements. My loyalty is to my client to find what suits them best so when I tell you how much these companies do to avoid this behavior by agents it is without any loyalty to one particular company. I  feel that this all stems from this unethical, uncaring agent. Shame on you whoever you are!