Showing posts with label fraud. Show all posts
Showing posts with label fraud. Show all posts

Monday, September 28, 2015

New Report: $4 to $8 billion of mental health funds lost to fraud, waste, and excess profits

Unbiased Information For Policymakers + Media
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News Release

September 28, 2015

Contact: Lead Author, Dr. E. Fuller Torrey
torreyf@stanleyresearch.org 
301-571-2078

New report suggests that $4 to $8 billion in public mental health funds are being lost to fraud, waste, and excess profits. 

These funds are sufficient to provide significant psychiatric services to most of the estimated 216,000 individuals with serious mental illness who are homeless as well as the 350,000 who are in jail or prison. (Full report)

(New York. NY) Public mental illness services have markedly deteriorated over the past three decades. The “mayhem du jour” includes mentally ill individuals carrying out mass killings; overflowing jails and prisons; being kept in emergency rooms for days while awaiting a psychiatric bed; being killed by law enforcement officials; and taking up permanent residence on the nation’s sidewalks and other public spaces. It is widely assumed that the cause of the problem is a decrease in public funds for mental illness treatment programs, when in fact the funds available to state mental health agencies in constant dollars have increased modestly since 1982. So where does the money go?

A new report, “Fraud, Waste and Excess Profits: The Fate of Money Intended to Treat People with Serious Mental Illness”, suggests a partial answer. Between $4 and $8 billion, which is 10 to 20 percent of the $40 billion spent annually by state mental health agencies, is being lost to fraud, waste, and excess profits to for-profit managed care companies. For example:

1.         In 2014 we identified 18 media accounts of mental health Medicare and Medicaid fraud, totaling approximately $1 billion. A nurse in Iowa submitted more than 6,000 false claims; a social worker in North Carolina submitted claims for 64 hours of therapy in a single day; and a mental health center in Louisiana submitted $258 million in false Medicare claims for partial hospitalization.
2.         California voters in 2004 approved a special tax to generate new revenue for providing services for individuals with serious mental illness. The tax produces over $1 billion each year. However, some of the MHSA funds have been wasted by being diverted to activities such as yoga, line-dancing, therapeutic drumming, and community gardens.
3.         For profit managed care companies are commonly allowed to keep up to 20 percent of state contracts for administrative costs and profit. In Florida WellCare was given a contract to provide mental health care to the state’s Medicaid population. A WellCare vice-president was recorded as claiming that the company was keeping 50 percent of the contract. Three WellCare executives were subsequently convicted of fraud and sentenced to prison.

Such findings suggest that Richard Kusserow, the former Inspector General of the Department of Health and Human Services, was correct in 2014 when he claimed that “many healthcare fraud investigators believe mental healthcare givers, such as psychiatrists and psychologists, have the worst fraud record of all disciplines.”

The present report also makes several recommendations. The federal Health Care Fraud Prevention and Enforcement Action Team (HEAT Task Force) should be significantly expanded since it has been shown to pay for itself. State mental health agencies should exert active, assertive oversight over community programs. This oversight should include vigorous examination of Medicaid and Medicare claims; unannounced audits of community mental health programs looking for fraud and waste; and a prohibition on the use of for-profit managed care companies. Such corrective actions are unlikely to happen unless mental health advocacy groups and the public in general demand it.

In commenting on the report, lead author Dr. E. Fuller Torrey, Associate Director of the Stanley Medical Research Institute noted: “The core problem is not how much money is being spent, but rather how much money is being misspent. Until we mental health professionals clean up our act, just throwing more money at the problem is not going to solve it.” 

The other authors of the report are D.J. Jaffe, Executive Director of Mental Illness Policy Org.; Dr. Jeffrey L. Geller, Professor of Psychiatry at the University of Massachusetts Medical School; and Dr. Richard Lamb, Professor of Psychiatry at the University of Southern California Keck School of Medicine.


Thursday, March 12, 2015

Darrell Steinberg Report on California Mental Health Services Act (MHSA) Wrong

Darrell Steinberg and the California Mental Health Directors who distribute Mental Health Services Act funds just released their own MHSA report saying MHSA is working fine and they are doing a good job. It got press in SacBee and LA Times and others.
MHSA does help some people with serious mental illness. But following was what was left out of the report
  • 100% of the funds go to the mentally ill who are well enough to recognize they are ill. The homeless psychotic screaming at voices and eating out of dumpsters are not. 
  • There was no info about the diagnosis of those being served in the report. MHSA is legislatively limited to helping those with “serious mental illness”. The funds are going to others who are easier to serve, hence the good numbers.
  • There was also no mention of the MHSA waste and how Mental Health Services Oversight and Accountability regulations divert  Prevention and Early Intervention funds to those without serious mental illness. 
  • There was no mention of oversight regulators diverting MHSA funds to their own programs.
  • There was no mention of funds being given to groups that want to sue to stop counties from using Laura's Law to help people with serious mental illness.
It is not surprising that the Behavioral Health directors who distribute the funds came up with a report saying they are doing a good job. But independent sources say that is not true. The California State Auditor report, Associated Press investigation, Little Hoover Commission, and Mental Illness Policy Org investigation all found they are not. But those organizations don't have the $11 million PR budget those who run MHSA have. How did they get the $11 million? They diverted MHSA funds to it.

Learn about waste and fraud in Mental Health Services Act at http://mentalillnesspolicy.org/states/california/mhsa/mental_health_services_act_mhsa.html
Learn about serious mental illness at http://mentalillnesspolicy.org

Tuesday, June 18, 2013

Darrell Steinberg's CA Bill Dangerous to Families of Mentally ill, Mentally Ill, and Public

Imagine if someone who wanted to call 911 to report a crime in progress had to give their name and know that it would be provided to the criminal directly? Either 911 calls would be cut down or the caller would have to agree to place himself at potentially huge risk. California Senate Leader Pro Temp Darrell Steinberg is pushing a bill that just does that if the caller is a family member of someone with serious mental illness who wants to report they are becoming dangerous.

Steinberg's SB 364  requires the identity of families who call police alleging someone needs involuntary commitment to be provided to the person with mental illness along with their reasoning if that information was used to determine whether there was probable cause to take someone in for evaluation(1). This disclosure happens even if the police officer makes his/her own determination the person is danger to self or others. The disclosure applies to the families, but Steinberg--perhaps understanding the risk caused by his bill--exempted mental health professionals from having their names disclosed.

Steinberg's bill could cause retribution, when a seriously mentally ill person discovers it was the parents who asked doctors to evaluate the loved one for involuntary commitment. At minimum, it increases the potential for hostility and damages the familial relationship. If, for example a son knows his mom is the one who called police and said he is mentally ill and becoming dangerous, the son may attack the mom when released or could decide he doesn't want to live with mom, become homeless, deteriorate...and then who knows what could happen?

  •  Steinberg's bill makes it less likely that parents will call for help for their seriously ill kid. This is the exact opposite of what everyone is saying should be done for persons with mentall illness: get them help earlier. Again: this puts patients and public at risk.
  • According to the Treatment Advocacy Center, releasing the name of a citizen informant to a patient who may be in need of involuntary care is in direct conflict with other provisions of code and violates professional ethical standards regarding not releasing records that could be harmful. They state this sort of disclosure is unprecedented in any other state’s mental health law and or other civil or criminal procedures.  
  • Steinberg's language significantly increases potential for further deterioration of an individual’s psychiatric condition by postponing or eliminating intervention. 

 This bill which harms people with mental illness was almost certainly drafted by Disability Rights California (DRC) (mis)using MHSA funds intended to help people with mental illness. Eduardo Vega, a board member of DRC was able to use his recently expired position as an MHSA Oversight Commission Director to funnel $3 million in MHSA funds to DRC, ostensibly to identify laws that 'cause stigma'. It is a barely disguised misuse of MHSA funds by DRC to ensure that certain seriously mentally ill individuals are not allowed to be treated until after they become 'danger to self or others'.


Other problematic provisions of the bill:

It changes the legislative intent of 5150 in order to provide a basis for future challenges
It removes the obligation to provide treatment for someone who is dangerous in a hospital
It allows counties to dumb down the qualifications of individuals providing care for persons with serious mental illness
It holds family members libel, but exempts mental health workers from liability if they provide false information


Send your letter to the Assembly Committee on Health expressing your opposition to SB 364. If you are affiliated with an organization be sure to include that information in your letter.
Letters can be addressed to Chair Pan and emailed to benjamin.russell@asm.ca.gov  or mailed or faxed to: 
Assembly Committee on Health
Assembly Member Richard Pan, Chair
P.O. Box 942849
Sacramento, CA 94249-0009
Fax: (916) 319-2109 


For more information: 
Serious mental illness and Laura's Law in California
Mental Health Services Act (MHSA) Waste and Fraud in California
Policy Information on Serious Mental Illness
Serious Mental Illness, NYS/OMH, and Kendra's Law in New York

Follow us on Facebook and Twitter @MentalIllPolicy

(1) An earlier version was not clear that the family members identity is disclosed of the officer or crisis intervention team used that information as part of their determination that the person needed evaaluation.

Thursday, May 23, 2013

Representative Tim Murphy Calls out SAMHSA For Failure to Help Seriously Mentally Ill

Opening Statement of the Honorable Tim Murphy Subcommittee on Oversight and Investigations Hearing on “Examining SAMHSA’s Role in Delivering Services to the Severely Mentally Ill”
May 22, 2013
(As Prepared for Delivery)

Since I became the Chairman of the Subcommittee on Oversight and Investigations, shortly after the December 14, 2012, elementary school shootings in Newtown, we began looking into the federal programs and resources devoted to mental health and mental illness. We did so to ensure federal dollars devoted to mental health are reaching those individuals with serious mental illness and helping them obtain the most effective care.

One lesson we must immediately draw from the Newtown tragedy is that we need to make it our priority to get those with serious mental illnesses, who are not presently being treated, into sound, evidence- based treatments.

In 2009, the Substance Abuse and Mental Health Services Administration (SAMHSA) estimates that about 11 million U.S. adults had serious mental illness, and 40 percent of these individuals did not receive treatment. While the vast majority of individuals with a mental health condition are nonviolent, Director of the National Institute for Mental Health, Dr. Thomas Insel, told this subcommittee at our March 5 public forum that effective treatments, which include medication adherence and evidence-based psychosocial therapy, can reduce the risk of violent behavior fifteen-fold in persons with serious mental illness.

Getting these individuals into treatment is a crucial first task and SAMHSA, as the federal agency whose mission includes reducing the impact of mental illness on America’s communities, should be playing a central role in this effort. But based on our work to date, SAMHSA has not made the treatment of the seriously mentally ill a priority. In fact, I’m afraid serious mental illness such as schizophrenia and bipolar disorder may not be a concern at all to SAMHSA.



Thursday, January 31, 2013

Crowd Source Better Care for Mentally Ill in California


We are going to improve care for persons with serious mental illness in California by crowd-sourcing the hunt for waste and fraud in Prop 63/Mental Health Services Act (MHSA)

MHSA funds meant to help seriously mentally are being diverted

MHSA funds are supposed to help people with serious mental illness. And many do. But funds are also being diverted elsewhere. The media has reported on MHSA funds being used for Wilderness Adventure Tours, Gardens for people of Hmong ancestry, massage chairs and tons of other programs not related to serious mental illness. They have also reported on programs that may be worthy and/or politically correct social services (ex tutoring, ending poverty, etc.)  but don't serve people who have mental illness. We have also reported on diverting, wasting, or giving away MHSA funds to well-connected 'consultants' and insiders

California State Auditor is investigating

Because of the media attention, the California State Auditor is looking closely at how California Counties (And especially Sacramento, LA, San Bernardino and Santa Clara) are not spending the money to provide real services to people with serious mental illness.

The Auditor Needs Our Crowdsourcing To Find the Waste and Fraud