Dive Brief:
- Humana has agreed to pay $90 million to settle a whistleblower lawsuit accusing the health insurer of fraud in Medicare’s prescription drug benefit.
- The suit filed by one of Humana’s former actuaries alleges the company submitted fraudulent bids to the CMS for lucrative Part D contracts from 2011 to 2017, overcharging the government for medication.
- It’s the first settlement to resolve fraud allegations in Medicare’s prescription drug contracting process, according to Phillips and Cohen, the law firm representing the whistleblower. Humana denies the allegations.
Dive Insight:
The government contracts with private health insurers to administer the Part D benefit, which offers prescription drug coverage for more than 54 million Americans on Medicare.
By law, insurers must offer plans that cover a minimum required amount of drug costs. When plans submit annual bids to the CMS to participate in Part D, they have to report their proposed benefits and confirm that those benefits meet Part D’s minimum standard.
Whistleblower Steven Scott filed the lawsuit in 2016 alleging that Humana was inflating its costs in order to get a higher paying contract from the government, though the insurer was providing below the required level of coverage. Humana pocketed the difference — which amounted to hundreds of millions of dollars — as profit, according to Scott’s suit, which was filed under the False Claims Act.
Scott also alleged that Humana maintained two sets of books to...
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