teleo-codex/inbox/archive/2025-04-00-morgan-lewis-risk-adjustment-enforcement-focus.md

2.5 KiB

type title author url date domain secondary_domains format status priority tags
source Risk Adjustment Continues to Be a Major Focus in Medicare Advantage (DOJ/OIG Enforcement) Morgan Lewis https://www.morganlewis.com/pubs/2025/04/risk-adjustment-continues-to-be-a-major-focus-in-medicare-advantage 2025-04-01 health
report unprocessed medium
risk-adjustment
false-claims-act
doj
oig
enforcement
upcoding
medicare-advantage

Content

DOJ Enforcement Landscape

  • Significant DOJ settlements in March-April 2025 based on alleged false diagnosis codes
  • Government position: submitting unsupported diagnostic codes to reap higher capitated rates = False Claims Act violation
  • Of 44 managed care audits by HHS OIG since 2017, 42 focused on diagnosis coding
  • Audits found 70% of diagnosis codes not supported by medical records

Legislative Action

  • No UPCODE Act reintroduced March 2025 (originally introduced 2023)
  • Bipartisan support for upcoding enforcement
  • New CMS administrator (confirmed April 3, 2025) prioritizes upcoding enforcement

Industry Impact

  • Nearly every major MA plan has faced or is facing federal fraud allegations
  • UnitedHealth, Humana, Elevance, Kaiser all involved in enforcement actions
  • The enforcement focus creates regulatory risk for the entire MA industry

Agent Notes

Why this matters: The enforcement trajectory shows bipartisan political will to address MA upcoding — rare in US healthcare politics. This compounds with V28 and chart review exclusion to create a multi-front reform pressure on MA economics. What surprised me: The bipartisan framing. Healthcare policy is typically partisan, but MA overpayment reform has support from both sides (fiscal conservatives + progressive reformers). KB connections: CMS 2027 chart review exclusion targets vertical integration profit arbitrage by removing upcoded diagnoses from MA risk scoring Extraction hints: The bipartisan convergence on MA reform is itself a claim-worthy insight — it suggests the political economy has shifted enough that reform is likely.

Curator Notes

PRIMARY CONNECTION: CMS 2027 chart review exclusion targets vertical integration profit arbitrage by removing upcoded diagnoses from MA risk scoring WHY ARCHIVED: Enforcement context complements the policy/regulatory sources — shows both regulatory and legal paths converging on risk adjustment reform. EXTRACTION HINT: Focus on the bipartisan enforcement convergence, not individual cases.