How do the multi-state/federal global settlements arise and how are they handled?
Medicaid fraud global settlements generally arise in connection with a U.S. Department of Justice investigation against a Medicare provider. When resolving these Medicare cases, the federal government, often at the request of defense counsel, turns to the state MFCUs because it cannot settle the Medicaid portion of the case without the Units. Moreover, defense attorneys are unlikely to settle the case without the affected states because each state has the authority to exclude a convicted provider from its health care programs. The Department of Justice typically contacts the National Association of Medicaid Fraud Control Units about a potential settlement, and the President of the Association appoints a settlement team which usually consists of three to four members.
Medicaid fraud global settlements generally arise in conjunction with a Department of Justice investigation against a provider in the Medicare program. When resolving these Medicare cases, the federal government, often at the behest of defense counsel, turns to the state MFCUs because it cannot settle the Medicaid portion of the case without the Units. Moreover, defense attorneys are unlikely to settle the case without the affected states because each state has the authority to exclude a convicted provider from its health care programs. The Department of Justice typically contacts the National Association of Medicaid Fraud Units about a potential settlement, and the President of the Association appoints a settlement team pursuant to guidelines passed by the National Association of Medicaid Fraud Control Units Executive Committee. This team usually consists of about three to four members and seeks to maximize Medicaid recoveries.
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