What triggers a Medicaid investigation?

Asked by: Luciano Rodriguez  |  Last update: May 11, 2025
Score: 4.9/5 (29 votes)

Triggers for investigation can include false claims, suspicious billing patterns, patient complaints, or referrals from other health care providers. MFCUs and other law enforcement agencies use various sources of information to detect Medicaid provider fraud.

How do I know if I'm being investigated by Medicaid?

If you receive a record request, it may be that you are a target of an investigation, or your records are needed for other evidentiary reasons. Many state statutes authorize the MFCU to enter upon the premises of a Medicaid provider and access records and files relevant to the MFCU investigation.

What disqualifies you from Medicaid?

In general, a single person must have no more than $2,000 in cash assets to qualify. If you're over 65, the requirements are more complex. Whatever your age, there are strict rules about asset transfers. Medicaid may take into consideration any gifts or transfers of cash you've made recently.

What causes a Medicaid audit?

Specific Service Types: Excessive billing for certain services, such as high-cost procedures or those frequently subject to fraud and scrutiny, are more likely to be audited. Also, regularly billing for procedures or treatments that are not commonly performed might also raise concerns for an audit.

What happens if you get caught lying to Medicaid?

It is illegal to submit claims for payment to Medicare or Medicaid that you know or should know are false or fraudulent. Filing false claims may result in fines of up to three times the programs' loss plus $11,000 per claim filed.

Alleged Medicaid fraud investigation

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Does Medicaid monitor your bank account?

Medicaid agencies can check your account balances at any financial institutions you use during the month you apply or during a 60-month look-back period.

How often does Medicaid check your income?

Yes, income and assets have to be verified again for Medicaid Redetermination. After initial acceptance into the Medicaid program, redetermination is generally every 12 months. The redetermination process is meant to ensure the senior Medicaid beneficiary still meets the eligibility criteria, such as income and assets.

How to survive a Medicaid audit?

How to Survive the Audit Process.
  1. Read the audit letter carefully and provide everything that it asks for. ...
  2. If at all possible, compile the records yourself. ...
  3. Pay attention to the deadlines.

What could trigger an audit?

Not reporting all of your income is an easy-to-avoid red flag that can lead to an audit. Taking excessive business tax deductions and mixing business and personal expenses can lead to an audit.

How far back can Medicaid audit?

Medicaid RACs perform audits and recovery activities on a postpayment basis, and claims can be reviewed up to three years from the date they were filed. Review after this period requires approval from the state.

Why would Medicaid deny you?

Approximately 75% of all Medicaid application denials are due to missing documentation. If an application is not complete, it can be rejected. In some instances, you may be asked to produce additional documentation.

Can you get in trouble with Medicaid?

If the value of the Medicaid paid as a result of the fraud is greater than $150,000, the violation is a 3rd degree felony with 9 – 36 months in prison and a fine of up to $10,000. Additionally, the court shall order restitution in the amount of Medicaid paid plus interest.

What happens if you win money while on Medicaid?

Winning the lottery generally doesn't require you to pay back Medicaid costs. However, it can affect your eligibility for Medicaid, as eligibility often depends on income levels, which vary by state. You might lose your benefits if your lottery winnings push your income above the Medicaid threshold.

How long does a Medicaid investigation take?

These investigations can take several weeks to several months depending on the complexity of the case and the need for collaboration among multiple law enforcement agencies. Seeking experienced counsel is crucial to understanding the investigation process and mitigating potential Medicaid fraud penalties.

Can you refuse to see a Medicaid patient?

The American Medical Association (AMA) Code of Medical Ethics (Principle VI) “A physician shall, in the provision of appropriate patient care, except in emergencies, be free to choose whom to serve, with whom to associate, and the environment in which to provide medical care.”

Does Medicaid keep records?

A State plan must provide that the Medicaid agency will maintain or supervise the maintenance of the records necessary for the proper and efficient operation of the plan.

What raises a red flag for an audit?

Overestimating home office expenses and charitable contributions are red flags to auditors. Simple math mistakes and failing to sign a tax return can trigger an audit and incur penalties.

What should you not say in an audit?

It's good to be specific, but there's a danger in words such as “everything,” “nothing,” “never,” or “always.” “You always” and “you never” can be fighting words that can distract readers into looking for exceptions to the rule rather than examining the real issue.

What is the IRS 6 year rule?

6 years - If you don't report income that you should have reported, and it's more than 25% of the gross income shown on the return, or it's attributable to foreign financial assets and is more than $5,000, the time to assess tax is 6 years from the date you filed the return.

What do Medicaid auditors look for?

An investigation/audit is the formal review of suspicious aberrancies in a provider's submitted Medicaid claims to establish evidence that potentially fraudulent activities or other improper payments have occurred.

How do I protect my assets from Medicaid look back?

By transferring your assets into an irrevocable trust, you effectively remove them from your ownership, thereby protecting them from Medicaid's asset requirements. However, it's important to note that once assets are transferred to an irrevocable trust, you no longer have control over them.

Are Medicaid audits random?

Providers may be chosen at random for an audit or because of abnormalities that may have triggered red flags in the system. The best way to reduce your chances of an audit is by complying with all state and federal regulations. Things like irregular billing or coding can easily flag your practice for a potential audit.

Does Medicaid check IRS records?

Medicaid agencies do not have independent access to a Medicaid recipient's personal financial statements. However, states often use an Asset Verification System (AVS) to electronically verify one's assets.

Does Medicaid look at cash withdrawals?

If there are ATM cash withdrawals totalling as little as $201 in a month the HHSC is going to treat it as a transfer for less than fair market value unless you provide convincing evidence that the cash was used to obtain goods or services equal in worth to the amount of the withdrawal.