why you should hire an attorney for a medicaid audit

by Mrs. Kaia Boyle 10 min read

A Medicaid lawyer helps the client receive a fair hearing process before the state Medicaid agency. But Medicaid recipients aren’t the only people who may require the services of Medicaid attorneys.

Full Answer

Do I need an attorney to fill out a Medicaid application?

Nov 28, 2017 · Why You Should Use a Lawyer for Medicaid Planning. Many seniors and their families don't use a lawyer to plan for long-term care or Medicaid, often because they're afraid of the cost. But an attorney can help you save money in the long run as well as make sure you are getting the best care for your loved one.

How much does it cost to hire an asset protection attorney?

A Medicaid attorney can help simplify everything for you and guide you in determining your eligibility rights and planning for your future. Below, we discuss some of the reasons hiring a Medicaid lawyer makes perfect sense. 1. There’s No Conflict of Interest . A nursing home can recommend a non-lawyer to help you prepare a Medicaid application.

How can a power of attorney help with Medicaid spend down?

Why Hire A Medicaid Fraud Lawyer. Client who come under investigation for Medicaid fraud in New York often ask us, “Do I need a lawyer?”. Sometimes, people realize that they do need an attorney but they hire someone who has no experience with Medicaid fraud cases. Here is the simple truth: you would not hire a lawyer to do your surgery and ...

Can’t complete the Medicaid application process without going to probate court?

Jan 15, 2019 · Why You Should Hire an Attorney for Medicaid Planning. Jan 15, 2019. When we refer to “Medicaid” we are referring to a situation in which someone is in a nursing home and has spent all their money and needs to apply for financial assistance to pay for the nursing home stay. Medicaid is the federal program that will pay for long-term nursing ...

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What triggers a Medicaid audit?

Medicaid is federally prohibited from paying providers who are not correctly enrolled with them. Repeated claim submissions that include the use of non-enrolled providers will most certainly raise the Medicaid audit red flag. There can be many reasons that a provider might not be enrolled with Medicaid.Sep 1, 2021

What do Medicare auditors look for?

Unusual billing patterns for hospital and medical services are what usually prompt an audit. Auditors then check the health provider's billing records to make sure that the service was both necessary and properly coded. Medicare billing codes describe individual health care services for billing purposes.

What is a health insurance audit?

A clinical insurance audit is a review of treatment that is meant to root out fraud, abuse, and waste in the health care system. ... Insurance audits jumped. So the new parity law is experienced as (and not without merit) a way to limit services to clients and deny payment to providers to keep healthcare costs down.May 7, 2021

What happens if you fail a Medicare audit?

If you fail to comply with the request, you will not receive reimbursement for the submitted claims. Even if you comply but the documentation doesn't support what you billed for, you won't get reimbursement.Jan 6, 2015

How far back can Medicare audit go?

three yearsMedicare RACs perform audit and recovery activities on a postpayment basis, and claims are reviewable up to three years from the date the claim was filed.Nov 1, 2015

What happens if you don't do an insurance audit?

If you do not fulfill the request within a reasonable time (usually 30 days), the insurance company may estimate your prior year's figures – almost certainly on the high side – and charge you an additional premium. Or the company may simply choose to cancel your coverage.Jan 25, 2016

What do insurance auditors look for?

A general liability insurance audit examines your business' payroll and risk exposure. An audit makes sure you're paying the correct amount for general liability insurance, and that you're getting the right amount of coverage for your business.

What does an audit look for?

An audit examines your business's financial records to verify they are accurate. This is done through a systematic review of your transactions. Audits look at things like your financial statements and accounting books for small business. Many businesses have routine audits once per year.Apr 17, 2018

What is ZPIC audit?

The most serious of these is a ZPIC audit. This stands for Zone Program Integrity Contractor, a name given to one of seven private companies that handle audits on behalf of the Medicaid program . Unlike some other forms of Medicaid audit, ZPICs are typically not random.

Does Medicare pay its auditors?

In deciding to aggressively go after fraud, the Centers for Medicare and Medicaid Services pays its private sector auditors in a way that encourages the recoupment of as much money as possible from each audit. This has created incentives that could reasonably be described as perverse.

What should be the first priority in a ZPIC audit?

Due to the potential seriousness of ZPIC Medicaid audits, the first priority should always be preventing the audit from escalating into a criminal investigation. The best way to accomplish this is to involve an experienced law firm like the Healthcare Fraud Group as early in the process as possible.

Is Medicaid auditing criminal?

In many cases, there is clearly no criminal intent on the part of the client . However, that is no guarantee against heavy penalties and recoupments being imposed as well as the potential for a case to be bumped up to the U.S. Attorney’s office for a criminal investigation.

What is the AHCA in Florida?

Responding to Medicaid Audits - Practical Tips. The Agency for Health Care Administration (AHCA) — Office of Inspector General and Bureau of Medicaid Program Integrity—is the Florida agency responsible for routine audits of Medicaid health care providers. The agency ensures that the Medicaid program was properly billed for services.

Is Medicaid fraud a crime?

Medicaid fraud is a serious crime and is vigorously investigated by the state MFCU, the Agency for Healthcare Administration (AHCA), the Zone Program Integrity Contractors (ZPICs), the FBI, the Office of Inspector General ( OIG) of the U.S. Department of Health and Human Services (DHHS).

What does "spend down" mean in Medicaid?

Spend down means that the applicant has only $2,000 at the time of application. If an average suburban married couple follows the advice of most nursing homes they may spend over $100,000 at the nursing home before applying for Medicaid. The attorney should be able to help an average couple to save that $100,000.

How long does it take to get a medicaid application?

A Medicaid application will be rejected without “documentation” of the current cash value of the asset. It can take four weeks to get the needed paperwork. When children help elderly parents, finding or recovering the documentation can be challenging and time consuming.

Does Michigan have medicaid?

Third: A little known fact is that Michigan has “Medicaid estate recovery.”. That means the government will take the house for repayment after the applicant and spouse dies. This can be a loss form $100,000 to $300,000 and up. Part of the attorney’s work is to make sure the government does not get the house.

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Pre-Filing of The Application

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Our process begins with working with you to gather the supporting documents for the Medicaid application. When appropriate, we are happy to contact banks and financial institutions on your behalf to gather supporting financial information (though some banks will charge a fee for this service). While we will do what we c…
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Filing of The Application & Advocating For Eligibility

  • Once we file the application, we will handle all follow-up and interaction with the Medicaid office until the application is processed. Due to budget cuts, many Medicaid offices are understaffed, so the Medicaid application review process can take several months. During this time, we will follow up on your application status to ensure that it was properly received and filed, that is has been a…
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Review of Medicaid Approval

  • When the Medicaid application is approved, we’ll review the approval letter to ensure that the Patient Monthly Liability was properly calculated. We’ll also advise you regarding how to ensure that you maintain ongoing Medicaid eligibility and don’t do something to jeopardize your Medicaid status.
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