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Feds cite Indiana Medicaid fraud unit over notices

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A federal agency found that the Indiana attorney general's office didn't give proper notice in nearly a quarter of the Medicaid fraud cases it helped prosecute in recent years.

A report from the Department of Health and Human Services inspector general's office found state officials didn't notify the agency within 30 days in about 25 of its 105 convictions between fiscal years 2010 and 2012. In 11 of those cases, the federal government wasn't notified at all, The Indianapolis Star reported.

Overall, the inspector general's office said Indiana is performing well, but it cited six criticisms, including a failure to document supervisor approval in about 77 percent of open cases and 18 percent of closed cases.

Matthew Whitmire, director of Indiana's Medicaid Fraud Control Unit, admitted state investigators hadn't met the 30-day notification requirement in some cases. He said the delays were the result of Indiana's prosecution system, which forces the fraud office to go through county prosecutors, who sometimes don't update it on the status of cases.

"The lack of prosecution power and reliance on 91 county prosecutors makes the 30-day requirement unreasonable," Whitmire wrote in a letter to the inspector general's office. But he said the agency will try to comply.

It is unclear whether anyone convicted of fraud later received any federal payments.

Bryan Corbin, spokesman for the state attorney general's office, said investigators work closely with the Family and Social Services Administration to ensure people convicted of fraud are not paid federal funds. State officials also seek restitution for any improper payments.

The fraud unit recovered more than $110 million in civil and criminal convictions between fiscal year 2010 and 2012, according to the report.

"We made some findings, but nothing that would question their basic ability to investigate fraud and patient abuse and neglect," said Richard Stern, director of the Medicaid Fraud Policy and Oversight Division in the inspector general's office.
 

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

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  3. Do you know who the sponsor of the last-minute amendment was?

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