FOR IMMEDIATE RELEASE CIV FRIDAY, MAY 2, 1997 (202) 616-2765 TDD (202) 514-1888 DEPARTMENT OF JUSTICE SETTLES WHISTLEBLOWER LAWSUIT AGAINST BLUE SHIELD OF CALIFORNIA FOR 12 MILLION DOLLARS WASHINGTON, D.C. -- Blue Shield of California will pay the United States $12 million to settle allegations that it submitted false claims for payment under its contract with the Health Care Financing Administration (HCFA) to process and pay Medicare claims, the Department of Justice and Department of Health and Human Services announced today. Frank W. Hunger, Assistant Attorney General for the Civil Division at the Justice Department, Michael J. Yamaguchi, the U.S. Attorney in San Francisco, and June Gibbs Brown, Inspector General for the Department of Health and Human Services, said that the agreement settles claims that Blue Shield of California, based in San Francisco, covered up claims processing errors from HCFA auditors in order to obtain more favorable scores under a program for grading the carrier's claims processing capabilities. "Medicare contractors are the critical first line of defense against Medicare fraud," said Hunger. "That is why we must maintain the integrity of the claims handling processes." The lawsuit was filed under seal in federal court in San Francisco on behalf of the United States by Weldon Dodson, a former employee of Blue Shield's Medicare division in Chico, California. It was filed under a provision of the federal False Claims Act that allows private parties to sue companies and individuals that have submitted false claims to the federal government. Until September 1996, Blue Shield was the Medicare carrier for HCFA in Northern and Central California. Under a contract with HCFA, Blue Shield was responsible for processing and paying claims for non-hospital services provided to Medicare beneficiaries in the region. The company was reimbursed more than $40 million a year by the federal government to process the approximately 20 million claims submitted for physicians' services, laboratory services and other claims covered under Part B of the federal Medicare program. The suit alleges that Blue Shield obstructed HCFA's efforts to review Blue Shield's performance under its carrier contract. It contends that employees in several units in Blue Shield's Medicare division in Chico and Marysville, California, altered or discarded documents that would have disclosed claims processing errors. It also alleges that they substituted backdated and altered documents for documents that contained errors, and rigged purportedly random samples of files in order to deceive HCFA auditors into believing that Blue Shield's performance was better than it actually was. In May 1996, Blue Shield pleaded guilty in federal court in Sacramento, to three felony counts of conspiracy and obstructing federal audits to evaluate how well Blue Shield performed in processing and paying Medicare claims. The criminal conviction was the first of its kind against a Medicare contractor. Blue Shield paid a criminal fine of $1.5 million when it entered its guilty plea. The Department of Health and Human Services Office of Inspector General and Blue Shield have agreed to a separate comprehensive "Corporate Integrity Agreement" in which Blue Shield agrees to take steps to ensure compliance with applicable laws and Medicare rules and regulations in the future. Blue Shield is continuing as a managed care provider with Medicare. This agreement settles a dispute which was originally brought as a qui tam action in the United States District Court in San Francisco, United States ex rel. Dodson v. Blue Shiueld of California, C94-3626 EFL. As part of the settlement, Dodson will receive eighteen percent of the United States' recoveries. The Office of the Inspector General for the Department of Health and Human Services, which investigates allegations of fraud and abuse in the Medicare program, the Civil Division for the Department of Justice, and the United States Attorneys for the Northern and Eastern Districts of California have been investigating the allegations since late 1994. 97-187 ####