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Rider 7, Health and Human Services Commission,
Senate Bill 1 - 77th Legislature, Regular Session
Fourth Quarter - Fiscal Year 2002
June 1, 2002 - August 31, 2002

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November 2002
Texas Health and Human Services Commission (HHSC)
Office of Investigations and Enforcement (OIE)



OPENED CASES – 5/01/2001 - 08/31/2002

Referral Source

Received

Office of the Attorney General’s Medicaid Fraud Control Unit (MFCU)

8

Anonymous

5

Board of Medical Examiners

7

Board of Licensed Vocational Nurse Examiners

75

Board of Nurse Examiners

29

Citizens Commission on Human Rights

1

Health and Human Services/Office Inspector General

15

HHSC-Medicaid Program Integrity-Office of Investigations and Enforcement-Self-Initiated

7

HHSC-Surveillance, Utilization, Review System

1

HHSC-Utilization Review Division

1

National Heritage Insurance Company (NHIC)

7

Provider

2

Public

19

Recipient

9

State Medicaid Office 1
Texas Department of Health 10
Texas Department of Human Services (DHS) 17
Texas Department of Human Services (DHS) Long Term Care 4
Texas Department of Human Services (DHS) Office Inspector General 1
Texas Health STEPS

2

Office of the Attorney General's Medicaid Fraud Control Unit

2

Anonymous

5

Total Cases Opened in 4th Qtr. 2002

234

Cases Opened and Closed during the 4th Qtr. 2002

(85)

Remaining Open Cases in 3rd Qtr 2002

96

Remaining Open Cases in 2nd Qtr 2002

94

Remaining Open Cases in 1st Qtr 2002

39

Remaining Open Cases in FY Qtr 2001

219

*Remaining Open Cases in FY 2000

*234

*Remaining Open Cases in FY 1999

*186

*Remaining Open Cases in FY 1998

*127

*Remaining Open Cases Prior to FY97:

*93

Total cases opened:

1237

* Many of these cases are in Sanction status and will not be closed until the Sanction is completed.

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STATUS OF OPEN CASES

Status Code

Definition of Status Code
Total Number

1

Preliminary Investigation

114

2

Full Scale Investigation

272

 

Total

386

 

 

Referred To:

 

R0

Office of the Attorney General’s/Medicaid Fraud Control Unit (MFCU)

150

R1

Office of the Attorney General’s/Elder Law Section

3

R3

State Board of Certified Nurse Aides

1

R5

State Board of Dental Examiners

28

R6

State Board of Licensed Vocational Nurses

2

R7

State Board of Medical Examiners

19

R8

State Board of Nurse Examiners

19

R10

Board of Pharmacy

1

R12

Medicaid Part A & B

18

R14

Mental Health Mental Retardation (MHMR)

2

R17

Texas Department of Human Services

3

R18

Texas Department of Health PLC

1

R19

Department of Protective and Regulatory

2

R20

Federal Bureau Investigations (FBI)

2

R22

Board of Social Worker Examiners

3

RN

HHSC - Research, Analysis & Detection (MFADS)

1

RE

Health and Human Services Office of Inspector General

8

RF

Health Facility Compliance

3

RH

Texas Department of Health/Long Term Care

6

RI

Managed Care

2

RQ

Utilization Review Division

6

RR

NHIC - Claims/Records Review

6

RS

NHIC Education Visit

18

RT

HHS OIG (Recipient Fraud)

1

RX

Third Party Resources

1

RZ

Vendor Drug

1

  Sanctions Imposed:  

O3

Pending Sanctions

111

O11

Default of Recovery

13

S19

Pending Appeals

28

S4

Recoupment

89

S1

Notice Sent

27

S2

Vendor Hold

157

S23

Request for Reinstatement

6

S16

Pending Exclusion

131

Total

851

Total Number of Open Cases for 4th Qtr FY02

1237

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RECOUPMENT DOLLARS – 3rd QUARTER FISCAL YEAR 2002

Recoupments for Fiscal Year 2002:

Office of Investigation & Enforcement Divisions

4th Quarter 
FY2002

Medicaid Program Integrity

$2,750,126
Civil Monetary Penalties $1,005,072

Utilization Review – (DRG Hospitals)*

*$9,743,362

TEFRA Claims – Children’s Summary

$0

TEFRA Claims – Psychiatric Summary

$0
Case Mix Review (nursing homes) $1,566,031
Surveillance and Utilization Review Subsystems (SURS) $182,689

Compliance Monitoring and Referral (CMR)

$26,763

Medicaid Fraud & Abuse Detection System (MFADS) --
dollars recovered

$654,591

TOTAL

$15,928,634

Note: Total recoupment dollars reflect all active cases within OIE. Investigations refer only to active, full, fraud and abuse investigations.

* Due to problems incurred during the Compass 21 conversion of the DHS Mainframe and UR hospital application, the quarter sample master lists and worksheets where not produced until February 2002. Therefore the regional staff was unable to complete the number of hospital reviews, which are routinely processed during the second and third quarter months. In addition, weekly processing by the DHS-MIS mainframe has encountered several system errors. As a result monthly reports and recoupment for DRG changes have not occurred since March 2002. Therefore, the monthly recoupment dollars for DRG is less than normal for this time period.

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Recoupments for Fiscal Year 2002:

Office of Investigation & Enforcement Division

4th Quarter
 FY2002

Third Party Liability and Recovery

    Recoveries (Provider):
   • Other Insurance Credits* $26,550,000
   • Provider Refunds $950,744
   • Texas Automated Recovery System (TARS) $7,124,410
   • Recipient Refunds $0
   • Pharmacy $3,399,925
    Recoveries (Recipient):
   • Credit Balance Audit $2,156,688
   • Amnesty Letter $0
   • Tort $5,216,023
Total $40,397,790

* Other insurance credits are estimated pending the completion of a data repair project.

Recoupments for Fiscal Year 2002:

Office of Investigation & Enforcement Division

4th Quarter 
FY2002
Medicaid Audits (cost settlement based on cost reimbursement methodology)* $3,691,960*
Vendor Drug:
   • Recoveries $1,664,424
   • Manufacturer Rebates $84,472,982
Customer Services/Provider Resolutions $15,183
Total $89,844,549

* Overpayments for Medicaid Audits are reported as net based on Cost Settlements.  Managed care payment settlements are excluded from the calculation. Overpayments are calculated based on the difference in total interim payments and cost, less any previous settlements completed during the period.

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Other Statistics for Fiscal Year 2002:

Action

4th Quarter FY2002
Medicaid Program Integrity:
   • Cases Opened 234
   • Cases Closed 399
   • Providers Excluded 250
Utilization Review:
   • Case Mix (Nursing Homes) - Cases Closed 238
   • Case Mix (Nursing Homes) - # of reviews 4,553
   • Hospitals - Cases Closed *587
   • Hospitals - # of ChartReviews 11,548
Medicaid Fraud & Abuse Detection System:
   • # of cases identified 880
   • Dollars identified for recovery
**This amount represents claims inappropriately paid based on policy and/or investigations. It does not represent the actual dollars that may be recoverable
**$1,380,366

* Due to problems incurred during the Compass 21 conversion of the DHS Mainframe and UR hospital application, the quarter sample master lists and worksheets where not produced until February 2002. Therefore the regional staff was unable to complete the number of hospital reviews, which are routinely processed during the second and third quarter months. In addition, weekly processing by the DHS-MIS mainframe has encountered several system errors. As a result monthly reports and recoupment for DRG changes have not occurred since March 2002. Therefore, the monthly recoupment dollars for DRG is less than normal for this time period.

Other Statistics for Fiscal Year 2002:

Action

4th Quarter FY2002
Medicaid Program Integrity
   • Cases closed (appeal/complaint cases) 2,371
   • # of Administrative/Agency Hearings (oral appeals-offered
      instead of informal hearing for HHSC UR cases only)
1

 

Action 4th Quarter FY2002
LOCK-IN* June 02 July 02 August 02
  • Fee-for-Service (FFS) 552 538 556
  • STAR 343 326 312
  • STAR+PLUS 22 37 62
TOTAL 917 901 930

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