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Tag: 2018 News

Deputy Sheriff Sentenced in Comp Fraud Case

A former San Diego County sheriff’s deputy who was seen lifting heavy weights after filing workers’ compensation claims for a back injury, which he said left him unable to do even light duty for most of last year, was sentenced Tuesday to three years probation and 180 days in custody.

Fox 5, San Diego, reports that Matthew Tobolsky, 40, pleaded guilty last month to a felony charge of making a misrepresentation to get an unearned benefit.

Deputy District Attorney Alan Kessler said Tobolsky – a five-year veteran of the Sheriff’s Department – filed the bogus claims after he pleaded guilty to a misdemeanor vandalism charge last year stemming from a domestic violence incident with his spouse. “This whole case is a fraud, your honor,” Kessler told Superior Court Judge Polly Shamoon. “He doubled down, claiming he was too impaired to work. This is an insult.”

Kessler unsuccessfully argued that Tobolsky be sentenced to 270 days behind bars. “He let the people (of San Diego) down. He tarnished the reputation of a very fine department,” the prosecutor told the judge.

Shamoon agreed to let Tobolsky do his custody time in a work furlough program. The judge said it was “almost an insult” that Tobolsky saw the alternative custody as an inconvenience.

A hearing was scheduled for May 30 to discuss requested restitution of $84,494.

Deputy Public Defender Edward Neusteter told the judge that Tobolsky had an MRI showing spinal complications and stayed out too long on workers’ compensation because he had concerns about going back to work.

Before he was sentenced, Tobolsky apologized to everyone involved. “I’m completely ashamed to be in this situation,” Tobolsky said. “I’m deeply remorseful.”

Tobolsky said he had 50/50 custody of his two elementary school children but had them more than that.

The defendant said he plans to re-enter society as a productive citizen.

CVS Launches Drug Price Transparency Tool

CVS Health will introduce a new effort to help customers compare drug prices for more transparency at its pharmacy counters, ratcheting up pressure on the pharmaceutical industry and drug costs.

Pharmacists have long advised patients on whether a drug is covered by insurance or whether a cheaper generic is available. But CVS admits a more robust effort is needed by its drugstores and pharmacy benefit business at a time an increasing number of patients are paying more out of their pockets for drugs as high deductible plans have proliferated.

CVS said its new “CVS Pharmacy Rx Savings Finder” allows for a more seamless process, reviewing the patient’s “prescription regimen, medication history and insurance plan information.” CVS said its “Rx Savings Finder” will show its pharmacists through an interactive screen whether the prescribed medicine is on the preferred list of drugs in the patient’s health plan formulary and whether the drug is indeed the lowest option.

When a patient comes to the counter, he or she may have a certain drug covered by a health plan or employer, but that’s not always the lowest cost option. And patients with a high deductible aren’t always seeing the true prescription cost nor are they presented with options in a seamless effort to save money and provided resources if they are uninsured or if something can be saved by switching from 30-day refills to a 90-day supply.

“Armed with the information available through our Rx Savings Finder, our more than 30,000 CVS pharmacists can play an important role by helping patients save money on their medications, providing advice on how and when to take them, and ultimately helping them achieve better health outcomes,” CVS Health executive vice president of retail pharmacy Kevin Hourican said in a statement accompanying the announcement.

CVS’ new “Rx Savings Finder” is expected to ratchet up pressure on drug makers already facing pressure from consumers, employers and the Donald Trump White House on prescription costs. CVS has also introduced new ways doctors of their customers can see drug costs “in real time” through a program available in the physician’s office that allows prescribers to pick lower cost medicines.

Drug makers are already facing a wave of pricing pressure as CVS, which operates the drug benefit manager (PBM) Caremark, works to complete its acquisition of Aetna, the nation’s third-largest health insurance company. Aetna has more than 20 million health plan members and the two companies have said they want to increase transparency on a range of health services including drug costs as a larger company that pays for patient care.

Meanwhile, health insurer Cigna is buying Express Scripts, a large PBM, and Anthem, the nation’s second-largest health insurer, is launching its own PBM. UnitedHealth Group, the nation’s largest health insurer, operates the OptumRx pharmacy benefit manager.

Opioid and Compound Med Spend Declines in Comp Claims

According to the 12th annual myMatrixx Drug Trend Report, workers’ compensation pharmacy spending decreased 3.3% in 2017, and opioid utilization declined for the seventh consecutive year as a result of aggressive clinical solutions and increased regulatory activity.

Drug spend on opioids declined 11.9% for workers’ compensation payers in 2017. Many states have acted to address the opioid crisis through a multifaceted approach involving state-specific formularies, opioid guidelines and limits on initial opioid dispensing days’ supply and/or morphine equivalent dose. These factors resulted in 74.2% of workers’ compensation payers spending less on opioids in 2017 than in 2016.

While a decrease in the utilization of opioids is a positive sign for the workers’ compensation industry, there is still work to be done. The research found dangerous drug combinations and long-term use of opioids still pose care and cost concerns. Nearly 40% of injured workers took an opioid along with a muscle relaxant, while 9% took an opioid and benzodiazepine. Taking these medications together can increase the risk of side effects and death from respiratory depression.

Additionally, the report noted that by the eleventh year of injury, the cost per injured worker reached $3,402.07, with $1,862.36 spent on opioid medications. Among those with age of injury of 10 years or more, over half filled an opioid medication in 2017.

For the third year in a row, spending on compounded medications decreased – a decline of 37.9% in 2017, falling out of the top 10 therapy classes.

While compounded medications continue to be a focus because of their high cost, it is clear that effective management strategies can reduce unnecessary costs and waste associated with clinically unproven ingredients.

Spending on specialty medications to treat conditions such as HIV and osteoarthritis increased 3.8% in 2017. While these drugs represent less than 1% of all medications used by injured workers, the extreme high cost per prescription requires payers to stay vigilant.

Payers who have injured workers with occupational exposure to needle-sticks often include HIV medications on their formulary to ensure quick access to work-related HIV prophylaxis therapy. This therapy class saw the highest spending among specialty medications.

Other Key Findings of the Workers’ Compensation Drug Trend Report include:

– Generic fill rate increased to 85.6% across our workers’ compensation payers in 2017. Yet, payers could have saved $80.8 million through an optimal mix of clinically appropriate generic options.
– The average cost of a physician-dispensed medication was $270.70, compared to $108.49 for a pharmacy-dispensed medication. This means plans paid a $162 premium for physician-dispensed medications which bypass pharmacist review at the point of sale. Of the medications dispensed by physicians, nearly half are used to treat pain.
– On average, payers spent $1421.36 per injured worker for prescription medications in 2017.

Owner of Ventura Cleaning Service Guilty of Premium Fraud

An Oxnard business owner pleaded guilty Friday to four felony insurance code violations related to workers’ compensation payments, according to the Ventura County District Attorney’s Office.

Prosecutors said Victor Vega, 52, made fraudulent statements to reduce the cost of workers’ compensation insurance for his company Vega’s Cleaning Service.

He pled guilty to four felony violations of Insurance Code section 11760(a), making fraudulent statements to reduce the cost of workers’ compensation insurance.  As to each count, Vega also admitted special allegations that the crimes involved the taking of more than $200,000.

Prosecutors claimed that between December 23, 2010, and February 26, 2015, he systematically under reported more than $1 million in payroll to his workers’ compensation insurance carriers.

Vega will be sentenced on June 5, 2018, at 9:00 a.m.in Ventura Superior Court, County of Ventura, courtroom 12.

Vega faces a maximum of 10 years in state prison and could be ordered to pay up to $428,867.13 in restitution.

Federal Health Care Fraud Program Recovers $2.4B in 2017

The Department of Health and Human Services and the Department of Justice Health Care Fraud and Abuse Control Program published their Annual Report for Fiscal Year 2017.

The Federal Government won or negotiated over $2.4 billion in health care fraud judgments and settlements in 2017, and it attained additional administrative impositions in health care fraud cases and proceedings. As a result of these efforts, as well as those of preceding years, $2.6 billion was returned to the Federal Government or paid to private persons.

Of this $2.6 billion, the Medicare Trust Funds received transfers of approximately $1.4 billion during this period, and $406.7 million in Federal Medicaid money was similarly transferred separately to the Treasury as a result of these efforts.

In FY 2017, the Department of Justice opened 967 new criminal health care fraud investigations. Federal prosecutors filed criminal charges in 439 cases involving 720 defendants A total of 639 defendants were convicted of health care fraud-related crimes during the year.

Also in FY 2017, DOJ opened 948 new civil health care fraud investigations and had 1,086 civil health care fraud matters pending at the end of the fiscal year. In FY 2017, the FBI investigative efforts resulted in over 674 operational disruptions of criminal fraud organizations and the dismantlement of the criminal hierarchy of more than 148 health care fraud criminal enterprises.

In FY 2017, investigations conducted by HHS’ Office of Inspector General (HHS-OIG) resulted in 788 criminal actions against individuals or entities that engaged in crimes related to Medicare and Medicaid, and 818 civil actions, which include false claims and unjust-enrichment lawsuits filed in federal district court, civil monetary penalties (CMP) settlements, and administrative recoveries related to provider self-disclosure matters.

HHS-OIG also excluded 3,244 individuals and entities from participation in Medicare, Medicaid, and other federal health care programs. Among these were exclusions based on criminal convictions for crimes related to Medicare and Medicaid (1,281) or to other health care programs (309), for patient abuse or neglect (266), and as a result of licensure revocations (973).

HHS-OIG also issued numerous audits and evaluations with recommendations that, when implemented, would correct program vulnerabilities and save program funds.

Due to sequestration of mandatory funding in 2017, there were fewer resources for DOJ, FBI, HHS, and HHS-OIG to fight fraud and abuses against Medicare, Medicaid, and other health care programs. A total of $20.7 million was sequestered from the HCFAC program in FY 2017, for a combined total of $115.5 million in the past five years. Including funds sequestered from the FBI and the FY 2013 discretionary HCFAC sequester, the total equals $161.7 million in the past five years.

Whistleblower Accuses Ventura County of $100M Medical Fraud

Ventura County officials are investigating a fired health care manager’s claims of irregular and fraudulent financial practices in the county’s public medical system. The allegations were cited in a $5.24 million retaliation claim filed against the county last year by Timothy Patten, chief deputy director and No. 2 person in the Ventura County Health Care Agency for most of 2016.

Patten said he had identified more than $100 million in activities he suspected were aimed at defrauding government agencies, the Ventura County Board of Supervisors, financial rating agencies and bondholders – a description the county’s chief financial officer found absurd. In Patten’s view, county officials had violated laws related to employment as well as abuse and fraud of Medicare and Medi-Cal, the government insurance programs that cover the bulk of patients in the Ventura County Medical Center system.

The VC Star reports that Patten settled with the county for $151,000 in severance, an agreement that required him to provide the factual basis for his allegations. A team of county legal and health care officials has been investigating the information in that document for the past seven months.

No evidence of broad losses, waste or fraud was identified in an analysis of the investigation that County Counsel Leroy Smith released Thursday. The team has not found any clear legal violations that need to be immediately corrected, based on a preliminary review of financial reports and interviews with 20 employees and officials with knowledge of the agency’s accounting practices, Smith wrote.

A few questions Patten raised about licensing issues at clinics and the size of physician payments did merit further review, Smith said.  The latter involved whether physician time sheets were accurate and some doctors were paid over the recommended rates and outside the normal review process, Smith’s report stated.  

Smith has said the accounting firm of Moss Adams and Huron Consulting Services, which the county has already retained to retool Ventura County Medical Center, may be asked to look at remaining issues. He expected the probe to be completed sometime this year.

Patten provided a five-page, typed statement to the county to back up his claim. The disclosures were based on more than 30 years as a health care executive in a variety of sectors and experience in investigations and compliance, he said. The document described what he called “accounting irregularities” and “potentially fraudulent accounting practices” in the system that is projected to spend $877 million this fiscal year.

Virtually all of his assertions were denied by Chief Financial Officer Catherine Rodriguez and Health Care Agency Director Johnson Gill, who said they indicated a lack of understanding of how public hospital systems work.  “There are basic principles that are totally missed here,” Gill said.

Patten said the budgeting process was incomplete and inadequate for such a large operation, the accounting methods were inconsistent and the agency moved money around to balance the books. At cash management meetings, finance staff would make up numbers to balance projections, he said. “Millions of dollars were added and subtracted without any backup or consent on the part of the operational leaders,” he wrote.

Rodriguez and Gill said the transfers are part of authorized shifts from the county to the state for the cost of the Medi-Cal program. Operational leaders were present at meetings where cash flow was discussed, Rodriguez said.

Smith agreed with Patten’s assessment that budgeting should be improved, saying it’s understood that the accounting systems and resources are not adequate for the demands of the large health system. But Patten’s claim that at least 10 clinics never had budgets seems to have no basis in fact, Smith’s analysis said.

Patten claimed it was also wrong to book a $15 million payment that was two years away. Rodriguez said the entry was justified because it was supported by law, could be estimated and was probable.

It appears Patten correctly pointed out that some clinics were not properly licensed, leading to billing problems. Gill said the situation at one clinic has been resolved but that the other in Santa Paula cannot be licensed until a state-authorized building is found. Smith doubted the county was submitting erroneous bills for payments to clinics without proper licenses but said the issue merited further review.

Patten said the financial position of VCMC was overstated because it failed to show a $15 million liability for drugs that were incorrectly given to patients who were not low-income. Gill said the problem was being corrected by the time Patten arrived in 2016.

Another section of his statement was devoted to what Patten called potentially fraudulent activities. He said the process physicians use for filling out time sheets violates federal standards because doctors are signing blank time sheets, then employees fill them in without knowing how much time the doctors have worked.

Cash transfers between the county and clinics exceed approved amounts and physician pay rates may exceed accepted standards, he said. Among other issues he reported: purchase orders from physicians do not follow federal guidelines, contract amendments are not being done in writing, and an unapproved accounting transfer of roughly $4 million was made from VCMC to the health care plan run by the county.

Smith said the issues had either been corrected, were not substantiated or were being addressed. He said the transfer Patten identified was approved by the Board of Supervisors.

Fraud Arrests Made at So. Cal Rehab Center

Two executives at a South Los Angeles company that offered alcohol and drug abuse treatment services were arrested on federal charges that allege they defrauded the Medi-Cal program by submitting bills seeking more than $2 million for services that did not qualify for reimbursement or simply were never provided.

Mesbel Mohamoud, 45, of Inglewood, and her mother-in-law, Erlinda Abella, 63, also of Inglewood, were taken into custody without incident.

Mohamoud and Abella were named in a 23-count indictment returned by a federal grand jury on March 29. The indictment charges both defendants with 21 counts of health care fraud and two counts of aggravated identity theft in relation to the scheme that allegedly ran from 2009 through 2015.

Mohamoud is the owner and executive director of The New You Center (TNYC). Abella, who co-founded TNYC with Mohamoud in 2005, is the program director at the company. TNYC had contracts to provide medically necessary substance abuse treatment services through the Drug Medi-Cal program to adults and teenagers in Los Angeles County.

The indictment alleges that TNYC submitted false and fraudulent bills for counseling sessions that were not conducted at all, were not conducted at authorized locations, or did not comply with Drug Medi-Cal regulations regarding the length of sessions or the number of patients.

Furthermore, Mohamoud and Abella allegedly caused TNYC to bill for clients who did not have a substance abuse problem, to falsify documents related to services supposedly provided to clients, and to forge client signatures on documents such as sign-in sheets.

The charges in the indictment primarily relate to services provided to girls residing at Dimondale Adolescent Care Facility group homes in Lancaster, Long Beach and Carson, facilities where TNYC was not authorized to provide counseling.

The indictment alleges that TNYC submitted over $2 million in false and fraudulent claims for group and individual substance abuse counseling services and was paid more than $1.8 million based on these bills.

Both defendants are expected to be arraigned on the indictment in United States District Court.

If they were to be convicted of the charges in the indictment, Mohamoud and Abella each would face a statutory maximum sentence of 10 years in federal prison for each of the 21 health care fraud charges. Additionally, there is a two-year mandatory sentence associated with each of the aggravated identity theft counts.

This case is being investigated by the Federal Bureau of Investigation and the California Department of Justice, Bureau of Medi-Cal Fraud and Elder Abuse.

The case is being prosecuted by Assistant United States Attorney Cathy J. Ostiller of the Major Frauds Section.

Cal/OSHA Gets Tough on Unsafe Roofer

Cal/OSHA cited California Premier Roofscapes, Inc. for repeat violations of fall protection safety orders and proposed $134,454 in penalties. The Escondido-based company was investigated and cited on six different occasions over the past four years for putting its workers at risk of fatal falls.

Cal/OSHA opened the most recent inspection in August of 2017 after receiving a report that workers were not wearing proper fall protection while installing tiles on the roof of a three-story Chula Vista home. Inspectors found that California Premier Roofscapes failed to ensure their workers were wearing safety harnesses and other personal fall protection. Employees were not properly trained on fall protection and roof work hazards.

“California Premier Roofscapes has repeatedly put its workers at risk of potentially deadly falls from heights, disregarding basic safety requirements to protect its employees,” said Cal/OSHA Chief Juliann Sum.

Cal/OSHA issued citations to California Premier Roofscapes for four violations including:

– One repeat-serious violation for failing to ensure that workers were wearing fall protection.
– One repeat general violation for failing to effectively implement and maintain a written Injury and Illness Prevention Program.
– Two general violations for not inspecting equipment prior to each use and inadequate training on fall hazards and protection.

The first inspection with California Premier Roofscapes was opened in October 2014 after Cal/OSHA received a complaint that employees were working on an Irvine roof with no fall protection. Cal/OSHA inspected a California Premier Roofscapes’ residential construction site in Azusa the following day after receiving a complaint involving an unsafe portable ladder.

The following month, Cal/OSHA investigated an accident involving a worker who suffered serious head and knee injuries after falling 15 feet from a ladder attached to scaffolding at a Carlsbad residential construction site.

In June 2015, Cal/OSHA opened an inspection and cited California Premier Roofscapes for a repeat serious violation after workers with no fall protection were reported on the roof of an Irvine construction site.

In March of the following year, Cal/OSHA inspected a report that California Premier Roofscapes’ workers wore harnesses but were not properly tied off to prevent falls from the roof of a Tustin construction site. California Premier Roofscapes was cited for two repeat violations, one serious and one general category.

Falls are the leading cause of death in construction nationwide. In California’s roofing industry, falls have caused nine deaths and 162 serious injuries since 2014.

A serious violation is cited when there is a realistic possibility that death or serious harm could result from the actual hazardous condition. A repeat violation is cited when the employer was previously cited for the same or a very similar violation and the earlier citation became final within the past 5 years.

New CMS Opioid Rules May Lower MSA Costs

A Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) is a financial agreement that allocates a portion of a workers’ compensation settlement to pay for future medical services related to the workers’ compensation injury, illness, or disease.

At time of settlement, employers submit the amount of the set aside for approval by CMS, and the amounts include significant sums for life time medication, often including opioids.

Over the last few years, the CMS estimate of future drug costs includes a calculation for opioids far in excess of what is reasonable, now that the opioid addiction crisis has focused more attention on drug addiction.

Finally, CMS has reacted to the opioid crisis and created new rules that may lower sums required by the WCMSA.

On April 2, 2018, the Centers for Medicare & Medicaid Services (CMS) issued a final rule that updates Medicare Advantage Plan (MAP) and Medicare Part D policy changes.

The new rule provides the plans “with new tools to improve quality of care and provide more plan choices for MA and Part D enrollees.” CMS estimates that the changes will result in $295 million in savings a year for the Medicare program over 5 years (2019 through 2023), which will ultimately result in lower premiums.

Noteworthy of the policy change is CMS’ policy changes relative to the Implementation of the Comprehensive Addiction and Recovery Act of 2016 (CARA).

CARA requires CMS to establish through regulation a framework that allows Part D Medicare prescription plans to implement drug management programs.

Under such programs, the Part D plans can limit at-risk beneficiaries’ access to coverage for frequently abused drugs beginning with the 2019 plan year. CMS will designate opioids and benzodiazepines as frequently abused drugs.

CMS will utilize Drug Management Programs as well as clinical guidelines used to determine if a beneficiary is potentially at-risk, which are based on using opioids from multiple prescribers and/or multiple pharmacies.

Part D plans will be allowed to limit an at-risk beneficiary’s access to frequently abused drugs to a selected prescriber(s) and/or pharmacy(ies). CMS will exempt beneficiaries who are being treated for active cancer-related pain, are receiving palliative or end-of-life care, or are in hospice or long-term care from drug management programs.

Thus CMS has issued this final rule with the goal of managing use of long-term, high-dose opioid and benzodiazepine usage.

In 2019 when these rules take effect, CMS should apply similar thinking to Workers’ Compensation Medicare Set-Aside (WCMSA) approvals in which the beneficiary is treating with high-dosage opioids.

If the Medicare Part D plan would no longer be responsible for paying for the drugs, it should not be included in the WCMSA. Likewise, CMS policy in discouraging long-term, highly-abused opioids should be applied across all CMS policy, including WCMSA policy review.

WCIRB Suggests Mid-Year 7.2% Rate Decrease

The WCIRB Governing Committee voted to authorize the WCIRB to submit a mid-year pure premium rate filing to the California Department of Insurance (CDI).

The mid-year filing will propose July 1, 2018 advisory pure premium rates that average $1.80 per $100 of payroll which is 7.2% lower than the Insurance Commissioner’s approved average January 1, 2018 advisory pure premium rate of $1.94 and 19.0% less than the industry average filed pure premium rate as of January 1, 2018 of $2.22.

This proposed July 1, 2018 decrease follows six consecutive decreases since early 2015 and, if approved, will result in an average decrease of more than 35% from the January 1, 2015 advisory pure premium rates.

The Governing Committee’s decision was based on the WCIRB Actuarial Committee’s analysis of insurer loss and loss adjustment experience as of December 31, 2017 which was reviewed at public meetings of the Actuarial Committee held on March 19, and April 3, 2018.

The Actuarial Committee noted that cumulative injury claims continue to increase, particularly in the Los Angeles region. In addition, medical severities show signs of increase after several years of more modest severity trends driven by Senate Bill No. 863 and allocated loss adjustment expenses continue to increase.

Despite these upward pressures on system costs, the Governing Committee believed a reduction in advisory pure premium rates was warranted by the favorable loss development largely driven by significant increases in claim settlement rates, a sharp decline in lien filings following the implementation of Senate Bill No. 1160 and anticipated savings resulting from the new drug formulary.

The WCIRB anticipates submitting its filing to the CDI by April 10, 2018. The filing and all related documents will be available in the Filings and Plans section of the WCIRB website (wcirb.com) and the WCIRB will issue a Wire Story once the filing has been submitted.

Documents related to the Governing Committee meeting, including the agenda and materials displayed or distributed at the meeting, are available on the Committee Documents page of the WCIRB website.