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Tag: 2018 News

Harvard Engineering Students Accurately Identify Medical Fraud

Machine learning offers more efficient tools to smoke out fraudsters, as students from the Harvard John A. Paulson School of Engineering and Applied Sciences (SEAS) learned during the recent ComputeFest 2018 Student Data Challenge, organized by Institute for Applied Computational Science (IACS).

During the nine-hour hackathon, student teams put their computational skills to the test in a race against the clock, using machine learning techniques to detect fraudulent insurance claims. Presented with data from more than 18,000 health care providers, the open-ended problem challenged students to devise, test, and then refine the best algorithmic technique to identify fraud.

The winning team, consisting of Xuefeng Peng, M.E., a computational science and engineering student, and T.H. Chan School of Public Health master’s students Yi Ding and Linying Zhang, who were able to find fraud with 95.7 percent accuracy. They used an autoencoder, a type of neural network, which learned common patterns in the dataset to decode genuine data points. Since the autoencoder was unable to decode anomalies, it was sensitive to fraudulent claims, Peng explained.

Teammates Amil Merchant, A.B., an applied math concentrator, and Kate Zhou, a first-year mechanical engineering Ph.D. candidate, scoured the web for examples of medical fraud, such as overbilling or prescribing too many drugs.

Another team, comprised of visiting graduate student Christoph Kurz, and Chan School graduate students Hannah James and Anna Zink, tried two approaches in parallel – a linear regression model and a random forest algorithm – to study patterns and distinguish outliers. The students were surprised to find that the simplest technique, linear regression modeling, yielded the best results.

The massive data set included 86 features, such as percentage of a provider’s patients who suffer from depression or diabetes. Representing those features in a model through linear and nonlinear combinations was a challenge, said Alexander Munoz, A.B., an applied math concentrator.

Each team was able to submit an answer three times per hour, but only received feedback on how accurate their results were collectively. Using their most recent feedback, Munoz and teammates Eshan Tewari, A.B., and statistics Ph.D. candidate Niloy Biswas considered which features to include in the next iteration of their model.

The challenge was designed to teach students some fundamental machine learning techniques, while emphasizing their practical applications, said competition architect Marouan Belhaj, an IACS Fellow.

Many students had never encountered an unsupervised problem before, but those are the types of situations fraud detection agents often face, where billions of dollars and millions of lives are at stake. With so many ways to trick the system, machine learning is an ideal method to detect fraud quickly and precisely, while there is still time to intervene, he said.

“In real-world fraud detection, you rarely get feedback from inside the company about how your model is performing,” he said. “To improve the model is very difficult. You really need to think like a hacker or someone trying to defraud the system to understand which techniques you might use to trick the system and then try, through the modeling, to see if your results actually confirm your ideas.”

DWC Suspends 11 More Providers

The Division of Workers’ Compensation has suspended 11 more medical providers from participating in California’s workers’ compensation system, bringing the total number of providers suspended to 177. The providers were suspended for fraud or other criminal actions, or the loss of their license.

The most notorious on the list are Edward Aslanyan, Armen Shagoyen and Carolyn Vasquez, who were convicted in federal court for conspiracy to defraud Medicare through their medical clinics and durable medical equipment companies in Los Angeles County.

Their case dates back to 2008 when Federal and state Medicare Fraud Strike Force (MFSF) agents arrested 18 people in the greater Los Angeles area. Agents targeted durable medical equipment (DME) company owners, medical professionals and medical clinic owners who were alleged to have engaged in various schemes to defraud Medicare of $33,264,133 in fraudulent billing.

The eight indictments in which the defendants were initially charged outline various types of fraud including schemes involving the fraudulent ordering of power wheelchairs, orthotics, hospital beds, enteral nutrition and feeding supplies. Enteral nutrition is sustenance ingested by patients through a feeding apparatus. In addition, federal agents began executing search warrants at six locations throughout Los Angeles County.

The first indictment charged Armen Shagoyan, Edward Aslanyan, Carolyn A. Vasquez, and Zurama C. Espana, with conspiring to submit more than $16.3 million in Medicare claims for medically unnecessary power wheelchairs between April 2007 and June 2008 from medical clinics they owned in Los Angeles and Van Nuys.

In addition to the clinics, Aslanyan and Shagoyan were charged with owning multiple DME companies that allegedly billed Medicare for unnecessary items. Shagoyan, Aslanyan, Vasquez and Espana were charged with one count of conspiracy to commit health care fraud. Shagoyan, Aslanyan and Vasquez were also charged with six counts of submitting false claims to the Medicare program. Espana was additionally charged with four counts of submitting false claims to the Medicare program.

Aslanyan was sentenced to federal prison for 77 months and ordered to pay more than $10 million in restitution. Shagoyen was sentenced to federal prison for 12 months and 1 day. Vasquez was sentenced to federal prison for 60 months and ordered to pay more than $6 million in restitution.

Telehealth Expected to Save Taxpayers Billions

After years of lobbying in Washington, U.S. telehealth providers have the first hints that the dam could break on public funding for an industry they say could save taxpayers billions.

Reuters reports that four bills that could be signed into law over the next year carry the solutions to barriers that have prevented the United States’ huge over-65 health program Medicare from reimbursing doctors’ and medical visits, which often start over the phone.

The bills come at a time when the industry’s claims of cost savings – powered by apps and mass smartphone usage – have begun to gain traction with private insurers striving to save on healthcare costs.

One issue for public spending on telehealth has been the inability to charge across state lines. Another is that Medicare does not recognize medical consultations that do not happen in person as the equivalent of a visit to the doctor.

The fate of legislative amendments that unlock these barriers is far from clear in a fractured U.S. Congress, but investors and some of the world’s big healthcare providers are already circling firms like the U.S. sector’s dominant player Teladoc Inc.

Analysts say Teladoc racked up 75 percent of reported video or phone visits, according to 2016 estimates, but European insurance company Allianz Group earlier this month committed $59 million to American Well, one of a handful of smaller privately-run operations expanding in the sector.

Apple Inc’s Heart Study app, which flags irregular heart rhythms in users wearing Apple Watches, allows them to instantly connect with a doctor using American Well’s technology.

American Well Chief Executive Roy Schoenberg says that while revenue is steadily rising in the industry, it could grow 10-fold if payment parity, state-line and location-based constraints were lifted.

“There is a big black line between the availability of telehealth services to Americans under the age of 65 and Americans that are above the age of 65,” Schoenberg said.

“This (legislation) would be an earthquake.”

Amazon, Berkshire, JPMorgan Form Healthcare Company

Amazon, Berkshire Hathaway and JPMorgan Chase announced today that they are partnering on ways to address healthcare for their U.S. employees, with the aim of improving employee satisfaction and reducing costs.

News Tuesday that the three companies plan to join forces to change how health care is provided to their combined 1 million U.S. employees sent shock waves through the health-care industry. The plan, while focused solely on the three giants’ staff for now, seems almost certain to set its sights on disrupting the broader industry.

Amazon, Berkshire and JPMorgan are among the largest private employers in the U.S. And they’re among the most valuable, with a combined market capitalization of $1.6 trillion, according to data compiled by Bloomberg.

It’s the first big move by Amazon in the sector after months of speculation that the internet behemoth might make an entry. The Amazon-Berkshire-JPMorgan collaboration will likely pressure profits for middlemen in the health-care supply chain.

The announcement was enough to sink health-care stocks. Express Scripts Holding Co. and CVS Health Corp., which manage pharmacy benefits, slumped 6.9 percent and 4.9 percent, respectively. Health insurers such as Cigna Corp. and Anthem Inc. and biotechnology companies also dropped.

The three companies, which bring their scale and complementary expertise to this long-term effort, will pursue this objective through an independent company that is free from profit-making incentives and constraints.

The initial focus of the new company will be on technology solutions that will provide U.S. employees and their families with simplified, high-quality and transparent healthcare at a reasonable cost.

The group plans to hire a CEO and start partnering with other organizations, according to a person familiar with the matter. The effort would be focused internally first, and the companies would bring their data and bargaining power to bear on lowering health-care costs, the person said. Potential ways to bring down costs include providing more transparency over the prices for doctor visits and lab tests, as well as by enabling direct purchasing of some medical items, the person said.

The the company jointly will be spearheaded by Todd Combs, an investment officer of Berkshire Hathaway; Marvelle Sullivan Berchtold, a Managing Director of JPMorgan Chase; and Beth Galetti, a Senior Vice President at Amazon.

The longer-term management team, headquarters location and key operational details will be communicated in due course.

Court of Appeal Reviews Automatic Disqualification of Law Firm

The California Self-Insurers’ Security Fund is a nonprofit organization charged by the state Legislature with continuing payment of workers’ compensation claims when a self-insured entity is unable to do so. When the Fund steps in to provide such payments, it is required by law to seek reimbursement from the employer. The law permits groups of employers to band together into self-insurance groups, and the Fund is also responsible for paying workers’ compensation claims when such groups cannot.

The Healthcare Industry Self-Insurance Program is one such group. In 2013, the California Department of Industrial Relations ordered the Fund to assume the Program’s workers’ compensation claims.

The Fund hired the law firm of Nixon Peabody to represent it in order to seek reimbursement from the employer group. In November 2013, the Fund filed a lawsuit naming 304 members of the Program as defendants, approximately 170 of which have since settled.

Attorney Andrew Selesnick served as Chair of the Health Care Department at Michelman & Robinson, LLP (M&R), overseeing and managing a team of attorneys who represented clients in the healthcare industry. Since 2014, M&R served as attorneys for employer defendants in this collection case. The representation of those parties was handled primarily by four attorneys at M&R, including Selesnick. Selesnick was actively involved in the case, including participation in a confidential discussion pertaining to moving parties’ liability and damages.

In February 2017, Selesnick left M&R and joined the Nixon Peabody law firm. Nixon Peabody was promptly advised of the potential conflict issue by M&R. On or about March 8, Selesnick “parted ways” with Nixon Peabody.

On March 15, moving parties filed a motion to disqualify Nixon Peabody. They argued that Selesnick had done prior work for the moving parties in the same action, and as a result, Nixon Peabody and all its attorneys had a conflict of interest as a matter of law. M&R claimed that Selesnick had not shared confidential information with them, and the firm had put an “ethical wall” in place. The trial court granted the motion and M&R appealed. The Court of Appeal reversed in the published case of California Self-Insurers Security Fund v Superior Court, concluding that “automatic disqualification was not required under the facts.”

There “is no question that if Selesnick were seeking to represent the Fund, he could not do so. There is also no question that if Selesnick continued to work at Nixon Peabody, the entire firm would be disqualified. The question that is left is whether Nixon Peabody and all its attorneys are also prohibited from representing the Fund given all the relevant facts, including that Selesnick no longer works at Nixon Peabody, and was only there for a very brief period.”

“We conclude the trial court must perform an analysis regarding whether confidential information was, indeed, transmitted from Selesnick to the attorneys working on the matter at Nixon Peabody.” The question, then, is whether Selesnick’s tenure at the firm endangers the duty of confidentiality he owes to real parties; if it does, disqualification is required. If it does not, then the court must exercise its discretion to determine whether other reasons compel disqualification.

Arrests Made in San Diego Compounded Meds Scam

A Utah pharmacy and the husband-and-wife owners of a Tennessee medical practice have been indicted on allegations that they used Marines and sailors in San Diego County as pawns in a nearly $66 million medical insurance scheme, according to an indictment unsealed Friday.

The San Diego Tribune reports that Jimmy and Ashley Collins, who own Choice MD in Cleveland, Tenn., made their first court appearance Friday in Chattanooga, a precursor to an upcoming San Diego hearing.

The charges accuse the couple, as well as CFK Inc., owners of a pharmacy in Bountiful, Utah, of defrauding the military’s health insurance system TRICARE.

At the center of the alleged scheme are compound medications – drugs that are custom-made by pharmacists to tailor to a patient’s unique needs and are significantly more expensive than typical prescription drugs. The ingredients are not FDA approved.

Military members in San Diego would be paid to recruit other service members to participate in a fake medical study, according to the allegations. The participants were paid $100 to $300 to speak with a doctor in a telemedicine session and would be prescribed compound medication – some in cream form, according to details in a search warrant affidavit obtained last year by the Union-Tribune.

Many of the compound drugs came from the pharmacy in Utah, which was then known as The Medicine Shoppe but has since changed its name to Bountiful Drug under new ownership, according to the indictment.

The number of compound medications to TRICARE patients from the pharmacy skyrocketed, from 218 such medications in all of 2013 to 4,637 in the first four months of 2015, records say. The batch in 2015 elicited $67.3 million in reimbursement claims, according to court records.

Many of the prescriptions were authorized by physicians working for Choice MD.

Investigators tracked millions of dollars flowing among the office, the pharmacy and alleged recruiters. The Collinses were paid $45 million in kickbacks, according to the indictment. They bought up property around Tennessee, a yacht and luxury cars, including two Aston-Martins, prosecutors said.

The compound prescriptions stopped after a government audit in May 2015 looked into the sudden rise in claims and payment was denied.

NFL Player Sentenced for $1.5M Comp Fraud With Adjuster

A former National Football League player accused of participating in a $1.5 million scheme to defraud a Sacramento business that managed workers’ compensation claims has been sentenced to 24 months in federal prison.

Marcus Buckley, 46, of Weatherford, Texas, was sentenced Thursday in U.S. District Court in Sacramento. Judge Troy L. Nunley also ordered Buckley to pay more than $1.58 million in restitution, according to a U.S. Attorney’s Office news release.The Court recommended that he be incarcerated at FCI Seagoville or FCI Texarkana, Texas.

Nunley’s sentence was nine months less than what prosecutors had asked for, and that Buckley had apparently agreed to, after his guilty plea on a single count of money laundering.

Buckley played professional football for seven seasons, from 1993 to 2000, with the New York Giants. During that time, the Giants had workers’ compensation insurance coverage through Pennsylvania Manufacturer’s Association Insurance Group, or PMA.

In 2006, Buckley filed a workers’ compensation claim against the Giants for cumulative stress injuries sustained while playing football, part of that time in California. During the first week of November 2010, Buckley, the Giants and PMA settled Buckley’s claim for $300,000 as part of a “compromise and release” agreement, according to the news release.

After Buckley’s claim was settled, between late 2010 and June 2011, Buckley prepared and filed numerous requests for additional reimbursement under his claim. He prepared false invoices and statements from medial providers for medical service purportedly provided. He also prepared false credit collection notices from collection agencies purportedly seeking payment from Buckley from various medical providers for past-due medical bills, the news release said.

Buckley sent the false invoices, statements and credit collection letters to his co-defendant, Kimberly Jones, who was a claims adjuster with Gallagher Bassett Services at its Sacramento office. The firm was a third-party administrator that managed workers’ compensation claims in California on behalf of PMA.

Jones was aware that Buckley was not entitled to additional reimbursement under his disability claim, and that the documentation and requests he submitted were false, the news release said. Jones nevertheless caused Gallagher Bassett to issue checks payable to Buckley, and he ultimately received more than $1.58 million to which he was not entitled.

Jones pleaded guilty to wire fraud in October 2015, is to be sentenced Feb. 8 by Judge Nunley at 09:30 AM in Courtroom 2.

VA Partners With CMS to Fight Fraud

The U.S. Department of Veterans Affairs (VA) and Department of Health and Human Services (HHS) Centers for Medicare and Medicaid Services (CMS) announced a partnership to share data, data analytics tools and best practices for identifying and preventing fraud, waste and abuse.

This newest partnership enhances ongoing efforts between the country’s two largest public-private health-care payment organizations to help America’s Veterans by leveraging the gains made by CMS.

“The VA-HHS alliance represents the latest example of VA’s commitment to find partners to assist with identifying new and innovative ways to seek out fraud, waste and abuse and ensure every tax dollar given to VA supports Veterans,” said VA Secretary Dr. David J. Shulkin. “This effort marks another step toward achieving President Trump’s 10-point plan to reform the VA by collaborating with our federal partners to improve VA’s ability to investigate fraud and wrongdoing in VA programs.”

CMS continues to focus on reducing and eliminating fraud, waste and abuse in Medicare, and in 2010, it established the Center for Program Integrity to help with this work. CMS estimates that its program integrity activities saved Medicare operations $17 billion in fiscal 2015. Other HHS combined efforts – including law enforcement – contributed to greater program savings.

VA plans to capitalize on the advancements in analytics CMS has made by concentrating on its use of advanced technology, statistics and data analytics to improve fraud detection and prevention efforts. Additionally, in November 2017, VA invited industry experts to provide information on the latest commercial sector tools and techniques to enhance VA’s fraud detection capabilities. In April, VA will invite these industry experts to demonstrate their capabilities for detecting and preventing fraud, waste and abuse and recovering improper payments.

“We have a special obligation to keep America’s promise to those who have served our country and ensure that Veterans receive high-quality and accessible health care,” said CMS Administrator Seema Verma. “CMS is sharing lessons learned and expertise to support VA to identify waste and fraud and eliminate these abuses of the public trust. Using state-of-the-art data analytics, CMS is partnering with VA to better detect and prevent wrongdoing in its programs.”

By using CMS’ successes in its program integrity protocols, VA will be able to close existing gaps in its own claims payment process.

Want Opioids? – Just Google “Fentanyl for Sale”

Last May, congressional staffers started with a very simple question: Exactly how easy is it for the average person to order some of the deadliest drugs on the planet over the internet and have them delivered to their home from the other side of the globe?

The answer, they revealed this week, is: shockingly easy.

At a briefing on Wednesday several Senate investigators working for Sens. Rob Portman (R-OH) and Tom Carper (D-DE) detailed to reporters exactly how simple it is to order fentanyl, a synthetic opioid that has overtaken heroin and prescription painkillers to become the biggest killer of Americans, online.

The staff started, quite literally, by Googling “fentanyl for sale,” they said. They found pages and pages of advertisements. Posing as first-time buyers, they made contact with six responsive sellers. These sounded like sophisticated operations, offering discounts on bulk purchases and even trying to upsell the investigators to carfentanil, an even more powerful opioid.

The sellers preferred Bitcoin, the investigators said, but they also accepted Western Union transfers, PayPal, and prepaid credit cards. They wanted to ship the packages through the international arm of the US Postal Service, rather than a private carrier like FedEx or UPS. They told the investigators that there was less of a chance the package would end up detained.

At one point, when China cracked down on a specific strand of fentanyl, the sellers advertised “a hot sale” on the top of the email, which the staff included in their report, literally said: “JUNE SPECIAL OFFER” – to try to empty their reserves before the ban went into effect.

Using payment and shipment information that the sellers themselves provided, the Senate investigators identified 500 transactions in 43 states adding up to $766 million worth of fentanyl, going by its street value, just from these six sellers. They found people who were purchasing for personal use – including seven who overdosed and died – as well as the people buying to set up their own distribution network in America.

It became clear how adaptable the fentanyl sellers were. Now that shipments from China have come under suspicion, the sellers told the investigators that they preferred to ship through Europe. Even as the US worked with China to crack down on one fentanyl compound, the sellers simply tweaked their formula and offered to sell a new version in another email included in the report.

The underlying message of the report was that the US Postal Service should do more to crack down on these illicit shipments. Right now, private carriers are required to collect advanced electronic data, a bar code with information about the sender, the recipient, and what is in the package. But the Postal Service and its foreign counterparts do not. That’s precisely why sellers prefer the US Postal Service over FedEx or UPS.

More Guesses on 2018 Workers’ Compensation Trends

Property Casualty 360 just published its 10 workers’ compensation trends to watch in 2018.” Healthcare consolidation, new drug treatment guidelines, and judicial challenges are a few of the issues impacting workers’ compensation specialists this year.

Thirty-four of the 50 state governors are currently Republicans. This, combined with the fact that insurance rates are down in most of the U.S., means we have not seen a significant push for workers’ compensation reforms the last few years.

But, in California, it is Governor Brown’s last year. Thus expect “yet another push by the legislature to undermine prior workers’ compensation reforms. Universal healthcare will likely be an issue in the 2018 governor’s race and the outcome of this election could have a significant impact on workers’ compensation in 2019.”

Concerns about the new Governor were also the topic of the presentation this month at the Employer’s Fraud Task Force meeting. Jerry Azevedo, from the Workers Comp Action Network expressed similar concerns.

And California seems to be ahead of the trend on drug formularies. In 2018, California, New York and Arkansas will all be implementing new treatment guidelines or drug formularies. Montana is also implementing a drug formulary but the timeline for this is not set yet.Georgia, Pennsylvania, North Carolina and Louisiana all considered either treatment guidelines or drug formularies in 2017 and they will revisit this again in 2018.

And California is also ahead of the trend to challenge the constitutionality of aspects of workers’ compensation law. Last year, Pennsylvania joined the list of states to have a portion of their workers’ compensation statutes found unconstitutional by the state supreme court. There is a case on appeal in Kansas right now challenging the constitutionality of a portion of their statute as well. It is worth noting that the basis for these constitutional challenges exists in many other states.

Last year, a judge in Alabama declared the state’s entire workers’ compensation statutes unconstitutional. This was appealed, and the case settled on appeal, so that decision ultimately was rendered moot. However, the issues raised in that court case regarding benefit adequacy are something we could see again anywhere.

Multiple brokers have indicated that the workers’ compensation rate outlook for 2018 is relatively flat. But with workers’ compensation being such a long-tail business, premiums collected today must cover losses 30 years into the future. As losses continue to climb, it is inevitable that insurance rates will need to increase in the future to offset those losses.