Summary: The Health Care Financing Administration (HCFA) provided GAO with copies of 96 agreements in which HCFA negotiated settlements for Medicare overpayments exceeding $100,000. In 93 of the 96 matters, which were negotiated between 1991 and 1999, GAO found nothing improper. In settling the three largest overpayments, however, HCFA acted inappropriately. These three largest matters represented 66 percent of all Medicare overpayment settlements since 1991 for which HCFA provided records. In the settlements, HCFA agreed to accept $120 million for debts exceeding $332 million (or about 36 cents on the dollar). GAO found that (1) former HCFA Administrator Bruce Vladek's participation in the largest settlement raised conflict-of-interest concerns, (2) HCFA ultimately chose not to obtain the Department of Justice's approval of the settlements and ignored its own regulations and internal guidance, (3) HCFA appears to have disregarded permissible settlement criteria established by regulations, (4) the settlement agreements contained questionable provisions, and (5) HCFA executed settlements without the benefit of legal counsel. GAO summarized this report in testimony before Congress; see: Health Care Financing Administration: Three Largest Medicare Overpayment Settlements Were Improper, by Robert H. Hast, Acting Assistant Comptroller General for Special Investigations, before the Permanent Subcommittee on Investigations, Senate Committee on Governmental Affairs. GAO/T-OSI-00-7, Mar. 28 (seven pages).
