Common Schemes, Real Harm: Examining Fraud in Medicare and Medicaid

Benefits Fraud and Improper PaymentsHouse Energy and Commerce Subcommittee on Oversight and Investigations · 2026-02-03 · 119th Congress
The House Energy and Commerce Subcommittee on Oversight and Investigations held this hearing to examine common fraud schemes in Medicare and Medicaid, including durable medical equipment (DME) scams, skin substitute billing, home and community-based services, and non-emergency medical transportation fraud. Begins at 0:16:26
Transcript
Highlights

Title

Fraud in Medicare and Medicaid, and Minnesota ICE Operations Dispute

Purpose

The House Energy and Commerce Subcommittee on Oversight and Investigations held this hearing to examine common fraud schemes in Medicare and Medicaid, including durable medical equipment (DME) scams, skin substitute billing, home and community-based services, and non-emergency medical transportation fraud. Witnesses from a fraud-detection firm, a Medicaid managed-care organization, an accountable care organization, a law school anti-corruption program, and the National Association of State Medicaid Fraud Control Units testified on the scale and mechanics of fraud, while Democratic members used much of their time to protest federal immigration enforcement operations in Minnesota tied to Medicaid fraud allegations. Begins at0:16:26

Who spoke

Chairman John Joyce (R-PA)0:16:26: Opened by citing $100 billion in estimated annual Medicare/Medicaid fraud losses0:17:22 and detailed cases including a $68 million New York adult daycare scheme0:18:14 and a $1.1 billion skin-substitute fraud scheme0:18:42; later questioned witnesses on skin substitute reform0:54:28 and New York's personal care program0:56:36.

Ranking Member Kim Clark (D-MA)0:20:56: Devoted her opening statement to alleging federal agents in Minnesota killed Rene Good and Alex Pretti0:21:240:21:42 and that AG Bondi used committee fraud investigations to pressure Minnesota0:24:06; later questioned witnesses on whistleblower confidence1:02:51 and entered documents on Trump/Miller/DHS statements1:01:25.

Chairman Brett Guthrie (R-KY), Full Committee Chairman0:25:02: Described Operation Gold Rush, the largest health care fraud takedown in history, with 324 defendants and $14.6 billion in intended loss0:26:43; later pressed witnesses that fraud in Minnesota and Los Angeles should not be relabeled as mere "improper payments"2:02:30.

Ranking Member Frank Pallone (D-NJ), Full Committee Ranking Member0:28:34: Argued Republicans invoke fraud to justify Medicaid cuts and DHS deployment to Minneapolis0:29:00; cited 14 federal prosecutor resignations in protest0:30:56 and criticized Trump's firing of 17 inspectors general0:32:23.

Ms. Jessica Gay, Vice President and Co-Founder, Integrity Advantage0:34:15: Estimated fraud, waste and abuse at up to $500 billion of the $5.3 trillion health care industry0:35:38; described applied behavioral analysis, non-emergency transportation, and home/community-based services fraud0:36:24, and later detailed New York's Consumer Directed Personal Assistance Program case involving a caregiver's mother who lived in Bangladesh0:57:05.

Ms. Kaye Lynn Wootton, President, National Association of State Medicaid Fraud Control Units0:39:23: Explained MFCUs' dual mission of investigating provider fraud and patient abuse/neglect0:40:29; said MFCU cases have recovered over $12 billion since 19920:43:47 and detailed a multistate substance-use-disorder fraud scheme spreading from Nevada to Arizona to Utah0:42:24.

Mr. Stephen Nuckolls, CEO, Coastal Carolina Health Care0:44:32: Said his ACO identified $6.3 million in suspected fraudulent DME claims from six companies in Arizona in 20250:47:03; described large profit margins driving skin substitute fraud and praised CMS's January 1 flat-rate reform as likely to "eliminate" it0:55:150:55:39.

Ms. Jessica Tillipman, GW Law School0:49:23: Distinguished fraud, improper payments, and administrative error, noting roughly 77% of over $90 billion in improper payments stem from administrative error, not fraud1:59:38; cited the 2025 fraud takedown's $14 billion in alleged losses and $6.8 billion recovered under the False Claims Act0:50:47.

Rep. Ronny Jackson (R-ID)1:05:17 *(introduced as "Mr. Folger" but chaired as gentleman from Idaho)*: Asked whether certain states or regions are targeted for fraud due to lower audit scrutiny1:05:40 and how foreign-actor fraud complicates prosecution1:06:29.

Rep. Diana DeGette (D-CO)1:10:37: Asked what share of Medicaid fraud is committed by providers versus beneficiaries, and Wootton said far more is committed by providers1:11:07; cited a Colorado transportation fraud ring that inflated a $65 charge to $650 and blocked $25 million in fraudulent payments1:11:371:12:07.

Rep. Diana Harshbarger (R-TN)1:15:30: Asked whether penalties sufficiently deter repeat Medicaid fraud offenders1:15:30 and whether physicians can unknowingly participate in fraud schemes1:18:24.

Rep. Paul Tonko (D-NY)1:58:39: Pressed Tillipman on the distinction between improper payments and fraud, eliciting her statement that about 77% of improper payments are administrative error1:59:38, and argued mislabeling errors as fraud misdirects scarce resources2:00:07.

Chairman Brett Guthrie *(second round, as full committee chair)*2:02:30: Pushed back on distinguishing terminology, calling Minnesota and Los Angeles cases clear fraud involving identity theft and dummy accounts2:02:562:05:32.

Rep. Frank Pallone *(second round)*2:08:09: Argued the administration is withholding billions from Minnesota despite state anti-fraud improvements2:10:24 and asked Tillipman how federal-state partnerships aid fraud fighting2:11:19.

Rep. Rick Allen (R-GA)2:13:02: Asked Nuckolls how fraud affects ACOs' ability to lower costs2:13:26 and asked Gay whether lowering information barriers and increasing provider screening could prevent fraud2:15:32.

Rep. Dan Crenshaw (R-TX)2:16:54: Asked Gay why Medicare/Medicaid are more fraud-vulnerable than private insurance, citing varying state Medicaid rules as a key factor2:17:55; asked Wootton for the worst fraud example she's seen2:20:32.

Rep. Lizzie Fletcher (D-TX)2:22:17: Argued Congress has failed to conduct oversight of the executive branch2:23:07 and asked Tillipman how unimplemented GAO/IG recommendations could be a starting point for reform2:25:55.

Rep. Gary Palmer (R-AL)2:27:50: Cited a GAO estimate of $233–521 billion in annual fraud2:28:14 and asked Wootton about verifying eligibility and antiquated data systems across agencies2:29:182:31:09.

Rep. Lori Trahan (D-MA)2:33:04: Criticized Trump's clemency for Medicare fraudster Lawrence Duran, who stole $87 million2:33:53, and asked Tillipman what message pardons of fraudsters send to deterrence2:33:53.

Rep. Kim Schrier (D-WA)2:42:24: Argued fraud is being weaponized against Democratic-led states2:43:11 and pressed Tillipman on Medicare Advantage overpayments tied to unsupported diagnoses2:45:36.

Rep. Buddy Carter (R-GA)2:47:48: Cited a California audit finding 112 hospice providers operating from one address, leading to a likely $105 million in overbilling in one year2:49:22; discussed his Skin Substitute Access and Reform Act targeting the top 3% of billing providers2:51:34.

Rep. Marc Molina (D-CA)2:53:42: Argued ICE deployment to Minnesota under a fraud pretext is causing harm2:54:10 and asked Tillipman whether unilaterally freezing billions in assistance is a targeted way to address fraud2:56:45.

Key moments

Chairman Guthrie described Operation Gold Rush, DOJ's largest health care fraud takedown, charging 324 defendants across 50 federal districts over $14.6 billion in intended loss, including a scheme using stolen identities of over 1 million Americans to submit $10 billion in fraudulent DME claims0:26:430:27:36.

Gay testified she has seen secondary payers pay up to $30,000 for a single skin substitute case after Medicare already paid its portion0:37:11.

Nuckolls said Medicare supplemental insurers paid roughly $900 million to DME companies involved in Operation Gold Rush and that his ACO identified $6.3 million in suspected fraudulent DME claims in Arizona at triple the national per-beneficiary average0:46:210:47:03.

Wootton described a multistate substance-use-disorder fraud scheme that began in Nevada, moved to Arizona after providers were excluded by OIG (who then taught others to commit fraud), and resulted in six open cases in Utah0:42:240:43:19.

Tillipman testified that of over $90 billion in improper payments, about 77% is administrative error rather than intentional fraud, and warned that mislabeling errors as fraud "distorts reality" and misdirects scarce resources1:59:382:00:07.

Sharp exchange: Guthrie said "splitting hairs" over the word fraud undermines confidence in the system given events in Minnesota and Los Angeles2:02:30, while Tonko and Democratic members argued the administration is stretching "fraud" to justify DHS deployment and Medicaid cuts1:59:07.

Carter cited a California audit finding 112 hospice providers operating out of a single address, contributing to an estimated $105 million in overbilling in LA County in one year2:49:22; Medicare Part B skin substitute spending rose from about $400 million in 2022 to more than $10 billion in 2024, a roughly 640% increase2:51:34.

Trahan noted President Trump granted clemency to Lawrence Duran, who stole $87 million from Medicare, and pardoned a nursing home operator after three months of a three-year sentence2:33:252:33:53.

DeGette cited a Colorado case where transportation fraud billed $650 for trips that should have cost $65, and a separate scheme blocking $25 million in fraudulent non-emergency transportation payments1:11:371:12:07.

Palmer cited a GAO estimate placing annual improper payments/fraud between $233 billion and $521 billion, which over a ten-year budget window could total $2.3–5.2 trillion2:28:14.

Metadata

CommitteeHouse Energy and Commerce Subcommittee on Oversight and Investigations
Chamber / CongressHouse · 119th Congress
Date2026-02-03
TypeHearing
Witnesses
Ms. Jessica Gay, CPC, AHFI, CFE — Vice President and Co-Founder, Integrity Advantage
Mr. Stephen Nuckolls — Chief Executive Officer, Coastal Carolina Health Care, P.A. and Treasurer and former Board Chair, National Association of Accountable Care Organizations
Ms. Jessica Tillipman, J.D. — Government Contracts Advisory Council Distinguished Professorial Lecturer in Government Contracts Law, Practice & Policy, George Washington University Law School
Ms. Kaye Lynn Wootton, J.D. — President, National Association of State Medicaid Fraud Control Units
Videoyoutube
Transcript288 caption blocks · 21,203 words · 2:59:04 runtime
EventCongress.gov 118917