1 00:00:03,080 --> 00:00:12,640 Speaker 1: Bloomberg Audio Studios, Podcasts, Radio News. 2 00:00:20,079 --> 00:00:23,800 Speaker 2: Hello and welcome to another episode of The Odd Laws podcast. 3 00:00:23,840 --> 00:00:26,960 Speaker 2: I'm Joe Wisenthal and I'm Tracy Alloway. Tracy, what do 4 00:00:27,000 --> 00:00:28,480 Speaker 2: you think about DOGE. 5 00:00:30,200 --> 00:00:35,800 Speaker 1: The coin or the new Department of Government Efficiency the latter. 6 00:00:38,120 --> 00:00:41,519 Speaker 1: Here's what I will say. Part of me hates that 7 00:00:41,560 --> 00:00:45,639 Speaker 1: government efficiency is being politicized in this way, because if 8 00:00:45,680 --> 00:00:50,640 Speaker 1: you think that government services are a desirable thing to have, 9 00:00:50,800 --> 00:00:55,640 Speaker 1: then you should definitely be against waste and inefficiency and 10 00:00:55,680 --> 00:00:58,520 Speaker 1: fraud in that market, because at a minimum, if you're 11 00:00:58,560 --> 00:01:00,760 Speaker 1: wasting money, you could be using that money to do 12 00:01:01,080 --> 00:01:03,880 Speaker 1: even more. And then, obviously, if you think that government 13 00:01:03,960 --> 00:01:06,160 Speaker 1: is just bad in general, then I imagine that you 14 00:01:06,319 --> 00:01:09,000 Speaker 1: also think that the government wasting money is also bad. 15 00:01:09,680 --> 00:01:14,600 Speaker 2: There's no constituency there probably shouldn't be an ideological constituency 16 00:01:14,680 --> 00:01:17,440 Speaker 2: or political constituency for waste, right. 17 00:01:17,520 --> 00:01:19,919 Speaker 1: Yeah, exactly, Like I feel like we should all agree 18 00:01:19,920 --> 00:01:22,839 Speaker 1: on this, But also I hate the way it's kind 19 00:01:22,880 --> 00:01:25,400 Speaker 1: of unrolling. Let's put it that way. 20 00:01:25,680 --> 00:01:30,400 Speaker 2: I would say I broadly agree waste is bad. Whether 21 00:01:30,560 --> 00:01:34,880 Speaker 2: the existing makeup of this sort of quasi blue ribbon 22 00:01:35,040 --> 00:01:38,720 Speaker 2: commission to get rid of waste whatever that means is 23 00:01:38,800 --> 00:01:42,120 Speaker 2: actually going to do it. Look, I'll be open minded, 24 00:01:42,440 --> 00:01:46,800 Speaker 2: but I like the premise of cracking down on waste. 25 00:01:46,840 --> 00:01:48,240 Speaker 2: I will just say that, you know what the other 26 00:01:48,280 --> 00:01:50,639 Speaker 2: thing is. So first of all, part of the issue 27 00:01:50,640 --> 00:01:55,000 Speaker 2: here is that waste is probably difficult to define. Fraud 28 00:01:55,080 --> 00:01:58,400 Speaker 2: in some cases is probably difficult to define. There will 29 00:01:58,440 --> 00:02:01,800 Speaker 2: probably be political fights over certain types of spending that 30 00:02:01,840 --> 00:02:04,600 Speaker 2: it's like, you call this waste, I call this a 31 00:02:04,760 --> 00:02:09,640 Speaker 2: good allocation of whatever. I imagine many of the political fights 32 00:02:09,840 --> 00:02:14,239 Speaker 2: around this will sort of revolve around some of these questions. 33 00:02:15,400 --> 00:02:19,000 Speaker 2: There's a lot there. But I'm glad we generally agree 34 00:02:19,040 --> 00:02:19,919 Speaker 2: that fraud is bad. 35 00:02:20,200 --> 00:02:22,639 Speaker 1: Fraud is bad, waste is bad. But I think you're 36 00:02:22,680 --> 00:02:25,480 Speaker 1: absolutely right that the definitions are going to be crucial, right, 37 00:02:25,480 --> 00:02:28,040 Speaker 1: And this is where I worry about the politicization, because 38 00:02:28,080 --> 00:02:29,919 Speaker 1: you can just come in and say like, oh, well, 39 00:02:30,160 --> 00:02:32,040 Speaker 1: I don't like this, so I'm going to call this 40 00:02:32,080 --> 00:02:34,960 Speaker 1: a waste and go on from there. But I think 41 00:02:34,960 --> 00:02:37,040 Speaker 1: we should talk about it because you know, this has 42 00:02:37,080 --> 00:02:40,360 Speaker 1: come up in a number of episodes, specifically on the 43 00:02:40,720 --> 00:02:44,480 Speaker 1: PPP post pandemic, and so it's clearly something that is 44 00:02:44,520 --> 00:02:46,560 Speaker 1: on people's minds totally. 45 00:02:46,760 --> 00:02:51,160 Speaker 2: Right now, we are recording this Thursday, November fourteenth. We 46 00:02:51,240 --> 00:02:56,200 Speaker 2: are in a moment where resources in the economy are constrained. Right, 47 00:02:56,280 --> 00:03:00,680 Speaker 2: the unemployment rate is low, inflation continue used to be 48 00:03:01,360 --> 00:03:04,600 Speaker 2: by some measures above the Fed's goal. It is not 49 00:03:04,800 --> 00:03:08,040 Speaker 2: crazy from like a macro standpoint to think we need 50 00:03:08,080 --> 00:03:11,000 Speaker 2: to make things more efficient and better to have a 51 00:03:11,120 --> 00:03:13,480 Speaker 2: better use of our real resources right now. 52 00:03:13,560 --> 00:03:16,440 Speaker 1: And one, this is your other middle aged man thing. 53 00:03:16,520 --> 00:03:18,919 Speaker 1: You know, you've decided to become like a real resource 54 00:03:19,000 --> 00:03:19,800 Speaker 1: constraint guy. 55 00:03:19,919 --> 00:03:22,280 Speaker 2: Right yeah, I'm like, oh, we got we got to 56 00:03:22,320 --> 00:03:24,080 Speaker 2: crack down. You have to make tough decisions, to make 57 00:03:24,120 --> 00:03:26,360 Speaker 2: tough decisions. We're taking the candy away from the kids. 58 00:03:26,440 --> 00:03:27,240 Speaker 2: I'm going to be one of those. 59 00:03:27,360 --> 00:03:29,080 Speaker 1: Here's a tough decision. If you're going to talk to 60 00:03:29,080 --> 00:03:32,160 Speaker 1: someone about government waste, would you talk to Elon or Vivek. 61 00:03:32,560 --> 00:03:33,080 Speaker 1: There's two. 62 00:03:33,800 --> 00:03:36,600 Speaker 2: Well, Elon would get more downloads if we had a podcast, 63 00:03:36,680 --> 00:03:38,640 Speaker 2: so I would talk to Elon. But we actually have 64 00:03:38,680 --> 00:03:41,400 Speaker 2: a better guest. I think we have the perfect guest 65 00:03:42,040 --> 00:03:45,880 Speaker 2: to talk about government waste fraud where we might be 66 00:03:45,880 --> 00:03:48,720 Speaker 2: able to move the dial in a substantive way on 67 00:03:48,840 --> 00:03:50,760 Speaker 2: this kind of stuff. We're going to be speaking with 68 00:03:50,880 --> 00:03:53,640 Speaker 2: Jetson Leader Luis. He is an assistant professor at the 69 00:03:53,720 --> 00:03:57,480 Speaker 2: Questionroom School of Business at Boston University. He's also a 70 00:03:57,480 --> 00:04:01,560 Speaker 2: faculty research fellow at the nb ARE and this is 71 00:04:01,560 --> 00:04:07,240 Speaker 2: what he studies, particularly areas around fraud and how companies 72 00:04:07,280 --> 00:04:12,040 Speaker 2: defraud the government wasting millions, probably billions of dollars. So, Jetson, 73 00:04:12,080 --> 00:04:13,240 Speaker 2: thank you so much for coming. 74 00:04:13,000 --> 00:04:14,600 Speaker 3: On odd Lots, Thanks so much for having me. 75 00:04:14,640 --> 00:04:17,760 Speaker 2: Why do you describe your research? I kind of described it, 76 00:04:17,800 --> 00:04:20,120 Speaker 2: but why did you describe what you do in your background? 77 00:04:20,200 --> 00:04:23,400 Speaker 3: Yeah? That's great. So I'm an assistant professor. I study economics, 78 00:04:23,400 --> 00:04:26,599 Speaker 3: and in particular I'm interested in questions about fraud in 79 00:04:26,760 --> 00:04:30,480 Speaker 3: government spending. I receive my PhD from MIT Economics in 80 00:04:30,520 --> 00:04:33,400 Speaker 3: twenty twenty, and I've written a number of papers trying 81 00:04:33,440 --> 00:04:36,159 Speaker 3: to explore the mechanisms the government can and does use 82 00:04:36,279 --> 00:04:39,040 Speaker 3: to cut out fraud in it in public expenditure. 83 00:04:39,360 --> 00:04:42,120 Speaker 1: Was there a particular moment or reason that drew you 84 00:04:42,240 --> 00:04:43,960 Speaker 1: to this particular field. 85 00:04:44,760 --> 00:04:49,240 Speaker 3: I think fraud in government spending has historically been underanalyzed, 86 00:04:49,520 --> 00:04:51,520 Speaker 3: and in particular in the healthcare system, where I've done 87 00:04:51,520 --> 00:04:55,000 Speaker 3: a lot of work. There are really big and impactful 88 00:04:55,000 --> 00:04:57,320 Speaker 3: policies that are being used to try to eliminate fraud, 89 00:04:57,440 --> 00:05:00,240 Speaker 3: but historically we didn't really understand what worked and what 90 00:05:00,320 --> 00:05:03,000 Speaker 3: didn't work and why it worked, and so I think, 91 00:05:03,000 --> 00:05:05,000 Speaker 3: you know, there was a big opportunity in the research there. 92 00:05:05,080 --> 00:05:07,560 Speaker 3: And I've always been interested in questions of bad behavior. 93 00:05:07,760 --> 00:05:09,479 Speaker 3: I have a paper that I started early in my 94 00:05:09,520 --> 00:05:11,440 Speaker 3: career on fraud in the World Bank that we just 95 00:05:11,480 --> 00:05:14,320 Speaker 3: got accepted at the journal World Development. And so overall, 96 00:05:14,360 --> 00:05:16,360 Speaker 3: I'm really interested in this question about, you know, where's 97 00:05:16,400 --> 00:05:18,919 Speaker 3: the money going and how can we you know, fix 98 00:05:18,960 --> 00:05:20,880 Speaker 3: that to make sure that the federal funds are being 99 00:05:20,960 --> 00:05:21,880 Speaker 3: used for people who need them. 100 00:05:22,560 --> 00:05:25,280 Speaker 2: I definitely want to talk a little bit about fixing 101 00:05:25,400 --> 00:05:28,560 Speaker 2: the problem and identifying the problem and so forth, But 102 00:05:28,680 --> 00:05:31,719 Speaker 2: actually I really want to start on how to defraud 103 00:05:31,839 --> 00:05:35,320 Speaker 2: the government because no, for real, because I sometimes we'll 104 00:05:35,360 --> 00:05:39,360 Speaker 2: see headlines it's like so and so arrested for insurance 105 00:05:39,400 --> 00:05:42,280 Speaker 2: fraud of some sort, and you know that's bad, But 106 00:05:42,320 --> 00:05:44,840 Speaker 2: I also like have there's like weird thing that happens 107 00:05:44,880 --> 00:05:46,640 Speaker 2: in my head where I'm like, I wouldn't even know 108 00:05:46,680 --> 00:05:47,560 Speaker 2: how to defraud. 109 00:05:47,960 --> 00:05:51,320 Speaker 1: Tell us what's the most accessible way to defraud the government. 110 00:05:51,560 --> 00:05:55,120 Speaker 2: So, like, give us an example, or when we talk about, okay, 111 00:05:55,560 --> 00:05:58,240 Speaker 2: fraud in the medical system, what are people doing? What 112 00:05:58,400 --> 00:06:03,120 Speaker 2: is a classical form of defrauding to government in the 113 00:06:03,120 --> 00:06:03,920 Speaker 2: world of healthcare. 114 00:06:04,400 --> 00:06:06,359 Speaker 3: So, in the world of healthcare, there are some really 115 00:06:06,400 --> 00:06:09,000 Speaker 3: obvious frauds that have persisted for years and that I 116 00:06:09,000 --> 00:06:11,360 Speaker 3: think we're finally maybe starting to wrap our hands around. 117 00:06:11,400 --> 00:06:14,080 Speaker 3: And one that comes to mind immediately is the ambulance market. 118 00:06:14,160 --> 00:06:15,480 Speaker 2: Okay, say more so. 119 00:06:15,680 --> 00:06:17,400 Speaker 3: This was actually described to me when I first heard 120 00:06:17,400 --> 00:06:20,279 Speaker 3: it by a colleague friend who works for the federal 121 00:06:20,279 --> 00:06:23,520 Speaker 3: government as the perfect healthcare fraud. And so ambulance services 122 00:06:23,560 --> 00:06:25,599 Speaker 3: are paid for by Medicare. Medicare is the old age 123 00:06:25,600 --> 00:06:28,240 Speaker 3: health insurance program for Americans. We spend more than eight 124 00:06:28,320 --> 00:06:30,599 Speaker 3: hundred billion dollars a year on this program. We spend 125 00:06:30,640 --> 00:06:33,159 Speaker 3: another seven hundred billion dollars a year on Medicaid. So 126 00:06:33,160 --> 00:06:35,440 Speaker 3: we're talking about one point five trillion dollars of outlays 127 00:06:35,440 --> 00:06:38,479 Speaker 3: to these programs. It's very hard for the government to 128 00:06:39,240 --> 00:06:41,680 Speaker 3: ensure that every dollar that's going out is legitimate, right, 129 00:06:41,680 --> 00:06:46,400 Speaker 3: It's a volume problem. Ambulance services are highly reimbursed and 130 00:06:46,520 --> 00:06:49,120 Speaker 3: low overhead. If you want to start an ambulance company, 131 00:06:49,120 --> 00:06:51,200 Speaker 3: you need to buy an ambulance. That's like thirty grand 132 00:06:51,400 --> 00:06:53,560 Speaker 3: used online. You can actually go and google it yourself. 133 00:06:53,560 --> 00:06:56,320 Speaker 3: You can go buy an ambulance, and then you need 134 00:06:56,400 --> 00:06:59,119 Speaker 3: a couple of employees. It's actually a super low overhead business, 135 00:06:59,120 --> 00:07:02,120 Speaker 3: which means it's easy for people to start starting around. 136 00:07:02,240 --> 00:07:06,000 Speaker 3: We think two thousand and three, the market for ambulance services, 137 00:07:06,240 --> 00:07:10,160 Speaker 3: and in particular repetitive non emergency ambulance services, started getting 138 00:07:10,160 --> 00:07:12,920 Speaker 3: saturated by intentional fraudulent actors. 139 00:07:13,200 --> 00:07:15,160 Speaker 1: Wait, what's a non emergency ambulance? 140 00:07:15,160 --> 00:07:17,800 Speaker 3: Non emergency ambulance is a patient who needs to go 141 00:07:17,880 --> 00:07:21,160 Speaker 3: to a service because they are sick enough that they 142 00:07:21,160 --> 00:07:24,360 Speaker 3: can't ride in a taxi or take the train, and 143 00:07:24,400 --> 00:07:26,200 Speaker 3: they the only safe way for them to get to 144 00:07:26,240 --> 00:07:29,160 Speaker 3: a service is in an ambulance. And in particular, this 145 00:07:29,240 --> 00:07:32,480 Speaker 3: really blew up in the dialysis industry. Dialysis patients, there 146 00:07:32,520 --> 00:07:34,520 Speaker 3: are about half a million of them. We actually spend 147 00:07:34,560 --> 00:07:36,400 Speaker 3: I think you know this, one percent of the federal 148 00:07:36,440 --> 00:07:37,840 Speaker 3: budget on the dialysis program. 149 00:07:38,280 --> 00:07:39,600 Speaker 2: Incredible, set not. 150 00:07:39,520 --> 00:07:41,960 Speaker 3: One percent of medicare. One percent of the federal budget 151 00:07:42,000 --> 00:07:46,440 Speaker 3: is the dialysis program. We do not in general pay 152 00:07:46,480 --> 00:07:49,280 Speaker 3: for ambulance rides or taxi rides for these people to 153 00:07:49,320 --> 00:07:51,400 Speaker 3: go to and from the visits. They are responsible for 154 00:07:51,400 --> 00:07:54,360 Speaker 3: getting themselves to the clinic every day, three times a week, 155 00:07:54,440 --> 00:07:57,080 Speaker 3: generally for a few hours, and that's in perpetuity. It's 156 00:07:57,160 --> 00:07:59,400 Speaker 3: very challenging to get a kidney and therefore to get 157 00:07:59,440 --> 00:08:04,080 Speaker 3: off of diale. So we had this system, and this 158 00:08:04,120 --> 00:08:06,680 Speaker 3: is sort of the canonical Medicare fraud. We build in 159 00:08:06,760 --> 00:08:09,000 Speaker 3: a little thing for the few people who need it, 160 00:08:09,200 --> 00:08:11,560 Speaker 3: and that turns into a loophole through which bad actors 161 00:08:11,640 --> 00:08:13,480 Speaker 3: drive a truck. So we built in this provision, which 162 00:08:13,480 --> 00:08:15,800 Speaker 3: is if the only safe way that you can get 163 00:08:15,840 --> 00:08:18,320 Speaker 3: to the dialysis clinic is in an ambulance, Medicare will 164 00:08:18,320 --> 00:08:20,320 Speaker 3: pay for an ambulance, and they pay for it at 165 00:08:20,320 --> 00:08:22,720 Speaker 3: a competitive rate for the ambulance companies, at say two 166 00:08:22,800 --> 00:08:25,360 Speaker 3: hundred and fifty dollars for a one way ride. Now 167 00:08:25,560 --> 00:08:27,680 Speaker 3: that's not that much money for a real ambulance, but 168 00:08:27,720 --> 00:08:29,360 Speaker 3: it's a heck of a lot of money for a taxi. 169 00:08:29,800 --> 00:08:33,040 Speaker 3: And what happened is thousands of firms around the country 170 00:08:33,120 --> 00:08:36,680 Speaker 3: opened with the express intention not of giving people serious 171 00:08:36,720 --> 00:08:40,640 Speaker 3: medical care, but of becoming an expensive ambulance taxi and 172 00:08:41,040 --> 00:08:43,880 Speaker 3: build the government. We have one hundred percent data from 173 00:08:43,920 --> 00:08:46,120 Speaker 3: the dialysis system. We can see all of these payments 174 00:08:46,440 --> 00:08:50,160 Speaker 3: more than seven billion dollars for non emergency ambulance transportation 175 00:08:50,240 --> 00:08:53,760 Speaker 3: over the following ten years, seven point seven billion dollars, 176 00:08:53,960 --> 00:08:56,040 Speaker 3: and a lot of it was fraud, and the government 177 00:08:56,080 --> 00:08:58,960 Speaker 3: cracked down. The government really tried to crack down, and 178 00:08:59,000 --> 00:09:01,440 Speaker 3: in particular, the used a number of tools. The first 179 00:09:01,480 --> 00:09:03,280 Speaker 3: one is they started throwing people in prison. This is 180 00:09:03,280 --> 00:09:05,200 Speaker 3: what you say, you see in the headlines. Yeah, but 181 00:09:05,360 --> 00:09:09,200 Speaker 3: it's so easy to start an ambulance company that we'd 182 00:09:09,200 --> 00:09:12,080 Speaker 3: see these stories where, you know, someone gets busted and 183 00:09:12,360 --> 00:09:14,920 Speaker 3: their family member goes and opens a company next door 184 00:09:14,960 --> 00:09:17,560 Speaker 3: the next day. And this persisted for years, with thousands 185 00:09:17,559 --> 00:09:19,680 Speaker 3: of companies and billions of dollars of spending just down 186 00:09:19,679 --> 00:09:20,000 Speaker 3: the drain. 187 00:09:20,800 --> 00:09:25,080 Speaker 1: I imagine some of the difficulty is also deciding who genuinely 188 00:09:25,160 --> 00:09:28,560 Speaker 1: needs an ambulance ride and who doesn't. Right, So this 189 00:09:28,679 --> 00:09:32,720 Speaker 1: is something that I never quite understand about US healthcare 190 00:09:32,880 --> 00:09:35,800 Speaker 1: in general. The first ten years of my adulthood were 191 00:09:35,800 --> 00:09:38,439 Speaker 1: in the UK, and there's a national health service there, 192 00:09:38,480 --> 00:09:41,280 Speaker 1: and if the doctor told you you needed something. You know, 193 00:09:41,800 --> 00:09:44,400 Speaker 1: you got that something. Maybe it would take a while, 194 00:09:44,440 --> 00:09:47,040 Speaker 1: but eventually you would get it, whereas in the US 195 00:09:47,280 --> 00:09:50,360 Speaker 1: you seem to have all these decision makers in the process, 196 00:09:50,559 --> 00:09:53,240 Speaker 1: and yet we're talking about medical care, which you would 197 00:09:53,240 --> 00:09:56,120 Speaker 1: think would need to be dictated by like highly trained 198 00:09:56,440 --> 00:09:57,400 Speaker 1: medical doctors. 199 00:09:57,760 --> 00:09:59,640 Speaker 3: This is super interesting that that's your intuition, because that's 200 00:09:59,679 --> 00:10:02,840 Speaker 3: exactly how they fixed it. So the way that Medicare 201 00:10:02,880 --> 00:10:05,840 Speaker 3: closed this loophole was by requiring what's called prior authorization. 202 00:10:06,200 --> 00:10:08,839 Speaker 3: Now if instead of going to an ambulance company and saying, 203 00:10:08,840 --> 00:10:11,120 Speaker 3: you know, please give me this ride, or the even worse, 204 00:10:11,120 --> 00:10:13,800 Speaker 3: the ambulance company coming to the patient and saying do 205 00:10:13,840 --> 00:10:16,120 Speaker 3: you want a taxi ride, which is actually what was happening, 206 00:10:16,480 --> 00:10:18,800 Speaker 3: instead they required that a physicians signed off and say, look, 207 00:10:18,800 --> 00:10:21,160 Speaker 3: this patient is actually sick, they're bedridden. There's no other 208 00:10:21,160 --> 00:10:23,160 Speaker 3: way that they can get to dialysis this week. And 209 00:10:23,200 --> 00:10:25,280 Speaker 3: if you didn't have the doctor's note, Medicare didn't pay. 210 00:10:25,640 --> 00:10:28,240 Speaker 3: And we estimate that around the timing of them implementing 211 00:10:28,320 --> 00:10:31,120 Speaker 3: this prior authorization requirement, which they rolled out in different 212 00:10:31,160 --> 00:10:33,480 Speaker 3: states at different times. This is like what economists love 213 00:10:33,760 --> 00:10:36,560 Speaker 3: in our research and actual test a difference, and difference 214 00:10:36,600 --> 00:10:40,240 Speaker 3: exactly when they rolled this out in different places, in 215 00:10:40,280 --> 00:10:42,760 Speaker 3: different times. We see a sixty seven percent drop in 216 00:10:42,800 --> 00:10:46,400 Speaker 3: spending the next month, persistent, and not only that, we 217 00:10:46,400 --> 00:10:49,240 Speaker 3: can then trace the patients and say were these patients harmed? 218 00:10:49,240 --> 00:10:51,520 Speaker 3: Did they actually miss their dialysis visits and end up 219 00:10:51,559 --> 00:10:53,839 Speaker 3: in the hospital, And we find no evidence at all 220 00:10:53,880 --> 00:10:56,320 Speaker 3: of negative patient health effects, And so we actually saved 221 00:10:56,360 --> 00:10:59,880 Speaker 3: billions of dollars by putting in something that was so basic, 222 00:11:00,000 --> 00:11:01,320 Speaker 3: which is this the doctor sign? 223 00:11:01,720 --> 00:11:03,360 Speaker 1: Why didn't they do it before? 224 00:11:04,520 --> 00:11:10,600 Speaker 3: The structure of Medicare is largely disaggregated, where individuals are 225 00:11:10,640 --> 00:11:12,960 Speaker 3: able to go to different services as long as they 226 00:11:13,000 --> 00:11:16,000 Speaker 3: qualify for them, and some of those are doctor's visits, hospitals, 227 00:11:16,240 --> 00:11:19,559 Speaker 3: medical equipment, pharmaceuticals. We pay for a lot of things, 228 00:11:19,600 --> 00:11:22,959 Speaker 3: and there is a real worry that requiring too much 229 00:11:23,000 --> 00:11:25,920 Speaker 3: paperwork can burden the system, and we don't want to 230 00:11:25,960 --> 00:11:29,160 Speaker 3: turn the Medicare system into an even more heavily administrative 231 00:11:29,160 --> 00:11:33,120 Speaker 3: burden system. So there are different qualification rules, but largely 232 00:11:33,200 --> 00:11:38,520 Speaker 3: what happens is the qualification rules are not always enforced upfront. 233 00:11:38,720 --> 00:11:41,400 Speaker 3: We do a lot of requiring people to follow the rules, 234 00:11:41,400 --> 00:11:43,400 Speaker 3: maybe we do some audits, maybe we chase after them 235 00:11:43,440 --> 00:11:47,319 Speaker 3: with criminal lawsuits afterwards. But largely there are circumstances where 236 00:11:47,520 --> 00:11:51,400 Speaker 3: nefarious actors, it's a relatively high trusystem. Nefarious actors will 237 00:11:51,600 --> 00:11:53,679 Speaker 3: find these loopholes and drive a truck through them. And 238 00:11:53,720 --> 00:11:55,199 Speaker 3: I can talk about a million examples of this. 239 00:11:55,480 --> 00:11:58,640 Speaker 2: Well, let's talk about so Okay, it sounds like the 240 00:11:58,720 --> 00:12:02,400 Speaker 2: ambulance from taken care of more or less. 241 00:12:02,600 --> 00:12:05,360 Speaker 3: So the ambulance fraud is less than it used to be. 242 00:12:05,440 --> 00:12:07,800 Speaker 3: And that's the dialysis ambulance fraud. Oh yeah, this paper 243 00:12:07,840 --> 00:12:09,760 Speaker 3: was just accepted at the General Political Economy, So we're 244 00:12:09,800 --> 00:12:11,000 Speaker 3: super happy. Shout out to my. 245 00:12:10,960 --> 00:12:13,160 Speaker 2: Congratulations who did a great job there. 246 00:12:13,800 --> 00:12:16,240 Speaker 3: The ambulance market itself has other frauds, right, we're talking 247 00:12:16,240 --> 00:12:18,840 Speaker 3: about one type, which is this repetitive dialysis fraud. There 248 00:12:18,840 --> 00:12:22,679 Speaker 3: are still lots of unnecessary ambulance rides, ghost ambulance rides 249 00:12:22,679 --> 00:12:24,679 Speaker 3: where patients don't even get in the ambulance and bills 250 00:12:24,679 --> 00:12:27,480 Speaker 3: are sent. One question is what can the government do? 251 00:12:27,960 --> 00:12:29,640 Speaker 3: And part of it is I think that there needs 252 00:12:29,679 --> 00:12:32,440 Speaker 3: to be a better focus on using data to detect 253 00:12:32,640 --> 00:12:33,440 Speaker 3: and stop the fraud. 254 00:12:33,559 --> 00:12:35,520 Speaker 1: Yeah, talk to us about the data because I imagine, 255 00:12:35,559 --> 00:12:39,560 Speaker 1: like you're talking about government spending and programs, plus in 256 00:12:39,559 --> 00:12:42,640 Speaker 1: some instances the medical industry, there must be interesting data 257 00:12:42,880 --> 00:12:43,640 Speaker 1: available to you. 258 00:12:44,320 --> 00:12:47,240 Speaker 3: So I have fantastic access to data. I use one 259 00:12:47,320 --> 00:12:50,080 Speaker 3: hundred percent sample Medicare claims data from nineteen ninety nine 260 00:12:50,120 --> 00:12:53,839 Speaker 3: through twenty nineteen for all inpatient and outpatient services, durbal 261 00:12:53,880 --> 00:12:56,200 Speaker 3: medical equipments. I can see twenty percent of physician office 262 00:12:56,240 --> 00:13:00,319 Speaker 3: visits and party pharmaceuticals. So it's an ridiculous volume. And 263 00:13:01,080 --> 00:13:03,520 Speaker 3: you know, I'm very equipped with data. I teach data 264 00:13:03,520 --> 00:13:05,640 Speaker 3: analysis and I have you know, PhD students and other 265 00:13:05,640 --> 00:13:07,600 Speaker 3: professors who work with me. And even for us, it's 266 00:13:07,600 --> 00:13:09,480 Speaker 3: a big problem. How do we actually wrap our hands 267 00:13:09,520 --> 00:13:13,120 Speaker 3: around this? Yeah, the government has not historically invested very 268 00:13:13,160 --> 00:13:16,679 Speaker 3: well in its data analysis for anti fraud. Part of 269 00:13:16,720 --> 00:13:20,160 Speaker 3: the reason is that the organizations that are responsible for this, 270 00:13:20,360 --> 00:13:22,199 Speaker 3: which are the Department of Justice and the Office of 271 00:13:22,280 --> 00:13:26,760 Speaker 3: the Inspector General. Those career lawyers are fantastic. I cannot 272 00:13:26,760 --> 00:13:29,800 Speaker 3: say enough positive things about my colleagues at the Department 273 00:13:29,840 --> 00:13:31,720 Speaker 3: of Justice and the Office of the Inspector General, but 274 00:13:31,760 --> 00:13:34,160 Speaker 3: there are too few of them. We do not pay 275 00:13:34,200 --> 00:13:36,720 Speaker 3: them very well, and they are not data analysts. They 276 00:13:36,760 --> 00:13:37,280 Speaker 3: are lawyers. 277 00:13:37,760 --> 00:13:42,520 Speaker 2: Okay, so you mentioned there's still some ambulance the dialysis specifically, 278 00:13:42,800 --> 00:13:46,480 Speaker 2: sounds like that was mostly taken care of. There's other 279 00:13:46,640 --> 00:13:50,800 Speaker 2: ambulance fraud out there. You mentioned that some people that 280 00:13:50,840 --> 00:13:54,439 Speaker 2: there's billing ghost ambulances or people never even ride the ambulance. 281 00:13:54,720 --> 00:13:57,360 Speaker 2: What's hot right now, what's the new ambulance fraud? 282 00:13:57,520 --> 00:14:00,360 Speaker 3: So what's amazing here is that it seems like it's 283 00:14:00,400 --> 00:14:03,760 Speaker 3: a constantly evolving marketplace. Right We have to think fraud 284 00:14:03,840 --> 00:14:07,200 Speaker 3: is a technology where people figure out a loophole and 285 00:14:07,240 --> 00:14:09,360 Speaker 3: then they tell their friends and these things spread and 286 00:14:09,400 --> 00:14:11,800 Speaker 3: eventually the government catches up, and so we're playing cat 287 00:14:11,840 --> 00:14:14,680 Speaker 3: and mouse every year. Right now. I think it's wound care. 288 00:14:14,960 --> 00:14:16,440 Speaker 2: Okay, say more about wound care. 289 00:14:16,480 --> 00:14:20,120 Speaker 3: There's been a rise in these expensive treatments for patients 290 00:14:20,120 --> 00:14:22,400 Speaker 3: with non healing wounds. So, if you're diabetic, you're likely 291 00:14:22,400 --> 00:14:23,960 Speaker 3: to have neuropathy, and one of the things that comes 292 00:14:23,960 --> 00:14:27,360 Speaker 3: with diabetic neuropathy is that you often have wounds, particularly 293 00:14:27,360 --> 00:14:29,800 Speaker 3: on their feet, where the patient doesn't heal. There are 294 00:14:29,840 --> 00:14:33,800 Speaker 3: some modern technology skin substitute things you can graft onto 295 00:14:33,800 --> 00:14:36,440 Speaker 3: these wounds that seem like they pay pretty well and 296 00:14:36,640 --> 00:14:38,920 Speaker 3: potentially even work, and then a few doctors have just 297 00:14:38,920 --> 00:14:40,880 Speaker 3: started spending millions of dollars on that. But that's a 298 00:14:40,880 --> 00:14:44,560 Speaker 3: flash in the pan. Historically, we see fraud really rife 299 00:14:44,560 --> 00:14:48,360 Speaker 3: in the durable medical equipment industry. There's been fraud in 300 00:14:48,520 --> 00:14:52,800 Speaker 3: basically everything that healthcare touches. Another thing right now that's 301 00:14:53,080 --> 00:14:56,560 Speaker 3: really popular. We're seeing a lot of fraud in vascular 302 00:14:56,600 --> 00:15:00,280 Speaker 3: care that is helping patients who have collapsed vain be 303 00:15:00,360 --> 00:15:02,920 Speaker 3: able to receive intravenous treatments. But again, it's just like 304 00:15:03,200 --> 00:15:03,440 Speaker 3: just to. 305 00:15:04,360 --> 00:15:08,840 Speaker 2: Drill into specifics, let's just durable medical equipment fraud. Yes, 306 00:15:09,080 --> 00:15:12,320 Speaker 2: I want to get into it. What am I doing so? 307 00:15:12,840 --> 00:15:14,760 Speaker 3: Or you want to get into durable medical equipment fraud, 308 00:15:14,760 --> 00:15:16,440 Speaker 3: Well you're in luck because it's you know, durable medical 309 00:15:16,440 --> 00:15:18,760 Speaker 3: equipment has been the wild West of the healthcare system 310 00:15:18,760 --> 00:15:21,880 Speaker 3: for twenty years with billions of dollars of fraud. I 311 00:15:21,880 --> 00:15:23,520 Speaker 3: have to admit I'm writing a paper on it right now. 312 00:15:23,560 --> 00:15:25,600 Speaker 3: That's I'm excited. I know a lot about it. So 313 00:15:25,920 --> 00:15:28,200 Speaker 3: you remember the scooter store they used to like advertise 314 00:15:28,240 --> 00:15:30,640 Speaker 3: on late night TV. Are you an old person? 315 00:15:32,360 --> 00:15:32,600 Speaker 1: Number. 316 00:15:32,640 --> 00:15:35,240 Speaker 3: Would you like a free wheelchair? Yeah? So there's been 317 00:15:35,280 --> 00:15:39,120 Speaker 3: some excellent kind of investigative journalism on this so durable 318 00:15:39,160 --> 00:15:42,480 Speaker 3: medical equipment. I want people to think walkers, wheelchairs, oxygen pumps, 319 00:15:42,480 --> 00:15:45,400 Speaker 3: hospital beds in their home. Things that people need that 320 00:15:45,480 --> 00:15:48,480 Speaker 3: are supposed to be permanent. You know, seatpat machines, yep. 321 00:15:49,440 --> 00:15:54,440 Speaker 3: And these are largely given by suppliers that are sometimes 322 00:15:54,480 --> 00:15:57,480 Speaker 3: big national firms and sometimes small mom and pop shops. 323 00:15:57,760 --> 00:15:59,800 Speaker 3: I want you to think about Flora. This is sort 324 00:15:59,800 --> 00:16:03,760 Speaker 3: of a Florida story. If you're interested in selling someone 325 00:16:04,440 --> 00:16:07,880 Speaker 3: a you know, a fraudulent walker or pomp or something 326 00:16:07,960 --> 00:16:09,320 Speaker 3: like that, it's actually. 327 00:16:09,080 --> 00:16:10,760 Speaker 2: Wait, what does it mean? A fraudulent walker one that 328 00:16:10,840 --> 00:16:11,960 Speaker 2: doesn't work well. 329 00:16:11,840 --> 00:16:12,440 Speaker 1: That you don't need. 330 00:16:12,560 --> 00:16:15,080 Speaker 3: I guess this is super interesting, right, So what do 331 00:16:15,120 --> 00:16:18,040 Speaker 3: we mean when we say fraud? Healthcare fraud has different types, right, 332 00:16:18,080 --> 00:16:19,520 Speaker 3: and I can break it. There are three types of 333 00:16:19,520 --> 00:16:21,960 Speaker 3: health care fraud. There's upcoding. That's where I sell you 334 00:16:22,040 --> 00:16:24,360 Speaker 3: a little push wheelchair, but I go build a government 335 00:16:24,400 --> 00:16:27,200 Speaker 3: for a super lux automatic wheelchair. We call that upcoding. 336 00:16:27,600 --> 00:16:31,280 Speaker 3: There's medical necessity fraud. That's where we say that a 337 00:16:31,320 --> 00:16:34,960 Speaker 3: patient needs something and they don't. And then there's substandard care. 338 00:16:35,200 --> 00:16:37,440 Speaker 3: That's where we have a patient who actually does need 339 00:16:37,480 --> 00:16:39,960 Speaker 3: something and we give them junk. And all of them 340 00:16:40,000 --> 00:16:43,240 Speaker 3: happen in all forms of medicine, but in particular and 341 00:16:43,320 --> 00:16:45,680 Speaker 3: durable medical equipment. I think it's a lot of medical 342 00:16:45,720 --> 00:16:48,400 Speaker 3: necessity fraud. I think we have patients who are getting 343 00:16:48,400 --> 00:16:50,800 Speaker 3: a knock on the door, high do you want this 344 00:16:50,920 --> 00:16:53,800 Speaker 3: fancy new device free to you? Now, what's really interesting 345 00:16:53,800 --> 00:16:56,720 Speaker 3: is we're actually supposed to collect a twenty percent copay 346 00:16:57,160 --> 00:16:59,760 Speaker 3: for the durable medical equipment products. But the fraud and 347 00:16:59,800 --> 00:17:02,800 Speaker 3: that's designed by medicare to make sure that patients aren't 348 00:17:02,800 --> 00:17:05,399 Speaker 3: getting stuff that they don't need, so they. 349 00:17:05,240 --> 00:17:06,200 Speaker 2: Have to have some skin in the game. 350 00:17:06,200 --> 00:17:08,440 Speaker 3: They're supposed to do. But if you're a fraudulent firm, 351 00:17:08,600 --> 00:17:10,840 Speaker 3: you just don't collect it. You're very happy to have 352 00:17:10,880 --> 00:17:13,720 Speaker 3: the government's eighty percent, and the patient wouldn't take it 353 00:17:13,760 --> 00:17:14,520 Speaker 3: if they had to pay. 354 00:17:14,640 --> 00:17:17,679 Speaker 1: Yeah, what's been the I'm trying to think how to 355 00:17:17,680 --> 00:17:20,960 Speaker 1: frame this, but I guess what's been the cultural or 356 00:17:21,359 --> 00:17:26,119 Speaker 1: incentive approach in government to stamping out fraud. If I 357 00:17:26,160 --> 00:17:30,160 Speaker 1: am a government official and I design a poor social 358 00:17:30,600 --> 00:17:33,000 Speaker 1: service program of some sort that has a bunch of 359 00:17:33,000 --> 00:17:36,399 Speaker 1: loopholes that ends up costing lots of money. Do I 360 00:17:36,400 --> 00:17:38,920 Speaker 1: get in trouble or do I get rewarded if I 361 00:17:39,000 --> 00:17:42,000 Speaker 1: managed to tweak the program so that it doesn't have 362 00:17:42,040 --> 00:17:42,919 Speaker 1: a lot of fraud in it. 363 00:17:43,960 --> 00:17:50,040 Speaker 3: The government generally underinvests and miss prices. It's anti fraud investments, 364 00:17:50,160 --> 00:17:52,960 Speaker 3: by which I mean when we consider how we are 365 00:17:53,080 --> 00:17:55,560 Speaker 3: measuring what the government is doing to stop fraud. You're 366 00:17:55,560 --> 00:17:59,760 Speaker 3: talking about these career civil servants and how we reward them. Historically, 367 00:18:00,160 --> 00:18:03,359 Speaker 3: the focus has been on how much are you getting back? 368 00:18:03,960 --> 00:18:05,919 Speaker 3: And I've made this point in a bunch of research, 369 00:18:05,920 --> 00:18:07,960 Speaker 3: and I recently released a white paper through the Center 370 00:18:08,000 --> 00:18:11,520 Speaker 3: for Medicare and Medicare Medicaid Services saying how much money 371 00:18:11,560 --> 00:18:14,159 Speaker 3: you get back is irrelevant. That is the wrong number. 372 00:18:14,400 --> 00:18:16,800 Speaker 3: That is really the number that everyone in government is 373 00:18:16,840 --> 00:18:20,160 Speaker 3: focused on. When you say anti fraud recovery. We caught 374 00:18:20,480 --> 00:18:23,040 Speaker 3: this many people, we put this many people in jail, 375 00:18:23,280 --> 00:18:26,560 Speaker 3: and we got a billion dollars back this year. And 376 00:18:26,600 --> 00:18:28,560 Speaker 3: the point that I've made is the money you're getting 377 00:18:28,640 --> 00:18:32,320 Speaker 3: back is just a small share of the effect of 378 00:18:32,359 --> 00:18:35,159 Speaker 3: your anti fraud efforts. What you should really care about 379 00:18:35,359 --> 00:18:38,640 Speaker 3: is your deterrence effect. And I've shown in research deterrence 380 00:18:38,640 --> 00:18:41,920 Speaker 3: effects are in many cases like ten times larger than 381 00:18:41,960 --> 00:18:44,040 Speaker 3: these recovery dollars. So you go to the Partner of 382 00:18:44,080 --> 00:18:45,960 Speaker 3: Justice and you talk to their healthcare fraud people. They 383 00:18:45,960 --> 00:18:47,919 Speaker 3: write a report to Congress every year. It's called the 384 00:18:47,920 --> 00:18:51,320 Speaker 3: Healthcare Fraud and Abuse Report, and they put a number 385 00:18:51,400 --> 00:18:54,120 Speaker 3: there for return on investment, and Congress asks them, tell 386 00:18:54,200 --> 00:18:56,479 Speaker 3: us how much money did you spend and how what 387 00:18:56,600 --> 00:18:58,760 Speaker 3: was your return on investment? And they say the number 388 00:18:58,800 --> 00:19:02,160 Speaker 3: is four, And okay, first of all, four ex return 389 00:19:02,200 --> 00:19:04,879 Speaker 3: on investment already very good. That immediately means that we 390 00:19:04,880 --> 00:19:07,119 Speaker 3: should spend more resources there. But I think that's actually 391 00:19:07,119 --> 00:19:09,200 Speaker 3: the wrong number. I think the number is forty because 392 00:19:09,200 --> 00:19:12,359 Speaker 3: the four is only counting money that they're getting written 393 00:19:12,400 --> 00:19:14,840 Speaker 3: to them in terms of checks back. But if you 394 00:19:14,880 --> 00:19:16,760 Speaker 3: count to terrence, and you have to count to terrence, 395 00:19:17,160 --> 00:19:19,920 Speaker 3: the value of these anti fraud efforts is huge. So 396 00:19:20,000 --> 00:19:22,480 Speaker 3: do we reward people in terms of the value. They 397 00:19:22,520 --> 00:19:26,320 Speaker 3: bring this to Tracy's question in some sense, yes, right, Look, 398 00:19:26,440 --> 00:19:28,919 Speaker 3: there's a press release they trot out the attorney general, 399 00:19:29,280 --> 00:19:31,679 Speaker 3: maybe the civil servant gets exact and. 400 00:19:31,760 --> 00:19:33,600 Speaker 1: A minimum I could go to my boss and be like, 401 00:19:33,640 --> 00:19:35,600 Speaker 1: I saved US twenty million dollars. 402 00:19:35,440 --> 00:19:38,199 Speaker 3: But largely no, we don't pay these people. Well, we 403 00:19:38,200 --> 00:19:40,760 Speaker 3: don't retain them. Well, if you look at your average 404 00:19:40,800 --> 00:19:43,639 Speaker 3: assistant US attorney, they go to the government for a 405 00:19:43,640 --> 00:19:46,320 Speaker 3: few years, do it fantastic work, and then realize that 406 00:19:46,359 --> 00:19:47,880 Speaker 3: private industry pays three times as much. 407 00:19:47,880 --> 00:20:07,159 Speaker 2: In the league, when we were talking about the original 408 00:20:07,280 --> 00:20:10,360 Speaker 2: dialysis ambulance fraud, it sounded like there was a very 409 00:20:10,359 --> 00:20:14,080 Speaker 2: elegant solution, just get a doctor sign off. When you 410 00:20:14,119 --> 00:20:16,760 Speaker 2: look at some of these other emerging frauds, and you 411 00:20:16,800 --> 00:20:21,280 Speaker 2: mentioned wound care for example, or you mentioned someone gets 412 00:20:21,320 --> 00:20:24,240 Speaker 2: a really nice scooter that they didn't really need, or 413 00:20:24,280 --> 00:20:27,959 Speaker 2: something like that, because and you mentioned that the requirement 414 00:20:28,119 --> 00:20:31,440 Speaker 2: of putting up twenty percent copay is not that effective 415 00:20:31,480 --> 00:20:33,520 Speaker 2: because the seller is just like, you know what, We'll 416 00:20:33,560 --> 00:20:35,480 Speaker 2: take the hit and only take the eighty percent. Is 417 00:20:35,560 --> 00:20:39,359 Speaker 2: no big deal. How much of the challenge is on 418 00:20:39,440 --> 00:20:41,840 Speaker 2: the data and identification side, which we should talk a 419 00:20:41,840 --> 00:20:46,119 Speaker 2: little bit more, versus the versus the mechanism which you 420 00:20:46,200 --> 00:20:47,280 Speaker 2: use to crack down on it. 421 00:20:47,359 --> 00:20:50,119 Speaker 3: So I'm actually really in favor of this program. We 422 00:20:50,280 --> 00:20:53,240 Speaker 3: use the big whistleblower program called the False Claims Act. Okay, 423 00:20:53,240 --> 00:20:55,080 Speaker 3: and I've written extensively. Do you guys know how this works? 424 00:20:55,280 --> 00:20:55,600 Speaker 2: No? 425 00:20:55,600 --> 00:20:59,200 Speaker 3: No, it's the weirdest, coolest thing. I mean for an economist. Okay, 426 00:20:59,480 --> 00:21:03,720 Speaker 3: So there is a private market for anti fraud in 427 00:21:03,800 --> 00:21:07,240 Speaker 3: the US. If you know about a company or person 428 00:21:07,320 --> 00:21:10,160 Speaker 3: that is defrauding any public program, not specific to healthcare, 429 00:21:10,600 --> 00:21:13,240 Speaker 3: you can hire your own attorney and there are firms 430 00:21:13,280 --> 00:21:16,199 Speaker 3: that specialize in this. You can sue that person in 431 00:21:16,320 --> 00:21:19,879 Speaker 3: federal civil court, and the whistleblower gets a share of 432 00:21:19,880 --> 00:21:21,840 Speaker 3: the money they bring back to the government. And this 433 00:21:22,000 --> 00:21:25,159 Speaker 3: is a super effective program because it means that every nurse, 434 00:21:25,480 --> 00:21:29,760 Speaker 3: every billing agent, every doctor in a hospital, if that organization. 435 00:21:29,960 --> 00:21:31,880 Speaker 2: This is what we're going to get into. Tracy, I'm 436 00:21:31,920 --> 00:21:34,520 Speaker 2: not gonna do fraud because even though I want to 437 00:21:34,560 --> 00:21:36,520 Speaker 2: know how it works, but I do want to make that. 438 00:21:36,680 --> 00:21:38,440 Speaker 1: I'm going to become a fraud bounty hunter. 439 00:21:40,680 --> 00:21:43,240 Speaker 3: It's bounty hunting. But bounty hunting is great because of 440 00:21:43,240 --> 00:21:45,880 Speaker 3: two reasons. The first is there's this private information component. 441 00:21:46,200 --> 00:21:49,399 Speaker 3: Rather than waiting for some analyst in Washington to figure 442 00:21:49,440 --> 00:21:53,760 Speaker 3: out today's fraud, just make a huge reward available for 443 00:21:53,800 --> 00:21:57,440 Speaker 3: the individuals who know about it, because there's lots of information. 444 00:21:57,520 --> 00:22:00,199 Speaker 3: Right from an economist perspective, the problem here is the 445 00:22:00,200 --> 00:22:03,000 Speaker 3: problem we have in a lot of healthcare. It's information asymmetry. 446 00:22:03,320 --> 00:22:05,600 Speaker 3: The doctors and the hospitals and the nursing homes know 447 00:22:05,680 --> 00:22:08,320 Speaker 3: so much more about the patient than the insurance company. 448 00:22:08,359 --> 00:22:11,679 Speaker 3: And here the insurance company is the government. And so 449 00:22:12,240 --> 00:22:14,600 Speaker 3: rather than trying to make just top down solutions, and 450 00:22:14,640 --> 00:22:16,520 Speaker 3: there are some top down solutions, don't get me wrong, 451 00:22:16,840 --> 00:22:21,960 Speaker 3: it's really important that we also allow the individuals who 452 00:22:22,000 --> 00:22:25,600 Speaker 3: have the information, the valuable information, to be rewarded for that. 453 00:22:25,720 --> 00:22:29,280 Speaker 3: So the whistleblower program private information. There's also the private 454 00:22:29,560 --> 00:22:32,480 Speaker 3: cause of action, the idea that every person can become 455 00:22:32,800 --> 00:22:35,760 Speaker 3: Literally the legal term sometimes use is private attorney general. Right, 456 00:22:36,000 --> 00:22:38,159 Speaker 3: you can go and hire a lawyer and sue, and 457 00:22:38,200 --> 00:22:41,280 Speaker 3: that lawsuit is on behalf of the United States of America. 458 00:22:41,359 --> 00:22:45,000 Speaker 3: And this has been an extremely effective program historically. 459 00:22:45,080 --> 00:22:45,760 Speaker 2: Say more about that. 460 00:22:45,880 --> 00:22:47,960 Speaker 3: Yeah, So I ran a Freedom of Information Act request 461 00:22:48,000 --> 00:22:50,480 Speaker 3: on the Department of Justice for data on every whistleblower 462 00:22:50,560 --> 00:22:53,400 Speaker 3: lawsuit from nineteen eighty seven through about twenty seventeen. When 463 00:22:53,400 --> 00:22:56,280 Speaker 3: I first filed this. There are thousands of these cases. 464 00:22:56,440 --> 00:22:59,359 Speaker 3: They've brought in billions of dollars for the government. Fifty 465 00:22:59,400 --> 00:23:01,879 Speaker 3: five percent of them are in healthcare, but they're also 466 00:23:02,040 --> 00:23:04,639 Speaker 3: used all over the government. We see cases related to 467 00:23:04,720 --> 00:23:07,600 Speaker 3: the Transportation Department, the Department of Education, the Department of Defense, 468 00:23:07,920 --> 00:23:10,919 Speaker 3: and the ideas the same. Instead of trying to have 469 00:23:11,000 --> 00:23:13,600 Speaker 3: the government figure out how to run anti fraud, anti 470 00:23:13,600 --> 00:23:15,880 Speaker 3: fraud can pay for itself. There are lots of people 471 00:23:15,920 --> 00:23:18,480 Speaker 3: who would love to earn a million dollars being a whistleblower, 472 00:23:18,640 --> 00:23:20,240 Speaker 3: and these whistleblowers get paid pretty well. 473 00:23:20,800 --> 00:23:23,879 Speaker 1: Since you mentioned transportation and education, just then, can you 474 00:23:23,920 --> 00:23:27,240 Speaker 1: talk about some examples of fraud outside of the medical sector. 475 00:23:27,480 --> 00:23:31,000 Speaker 3: Absolutely. So. I have a recent paper about the unemployment 476 00:23:31,080 --> 00:23:34,000 Speaker 3: insurance market during COVID, so I'd be happy to talk 477 00:23:34,040 --> 00:23:34,399 Speaker 3: about that. 478 00:23:34,480 --> 00:23:35,040 Speaker 1: Oh, that's great. 479 00:23:35,080 --> 00:23:37,760 Speaker 3: So during COVID we had the biggest expansion of unemployment 480 00:23:37,840 --> 00:23:39,760 Speaker 3: insurance in history. I think you guys know about this. 481 00:23:40,040 --> 00:23:42,280 Speaker 3: You've talked a little bit about PPP, and there's some 482 00:23:42,320 --> 00:23:46,280 Speaker 3: great research there on fraud. PPP was for companies. Unemployment 483 00:23:46,280 --> 00:23:48,560 Speaker 3: insurance was for individuals who lost their job, and we 484 00:23:48,680 --> 00:23:51,760 Speaker 3: expanded it to also include gig economy workers through a 485 00:23:51,800 --> 00:23:54,439 Speaker 3: program called PUA. You guys probably know about this. 486 00:23:54,960 --> 00:23:57,520 Speaker 2: So this is starting to feel like history imade so 487 00:23:57,560 --> 00:24:00,240 Speaker 2: crazy because this is like yesterday, but also it's it 488 00:24:00,240 --> 00:24:02,639 Speaker 2: feels so long. Yeah, the time distortion is real. 489 00:24:03,680 --> 00:24:07,399 Speaker 3: So unemployment insurance rose heavily during the pandemic, and with 490 00:24:07,480 --> 00:24:09,520 Speaker 3: it came a lot of fraud. Now why is there 491 00:24:09,520 --> 00:24:12,040 Speaker 3: fraud in the unemployment insurance sector. Well, the government's cutting checks, 492 00:24:12,240 --> 00:24:14,399 Speaker 3: and the government's cutting checks really fast. So you might 493 00:24:14,440 --> 00:24:16,200 Speaker 3: remember at the beginning of the pandemic, there was this 494 00:24:16,400 --> 00:24:19,960 Speaker 3: immediate recession, and there was fear of the big macroeconomic 495 00:24:20,000 --> 00:24:22,359 Speaker 3: consequences of everybody being out of a job on many people, 496 00:24:22,400 --> 00:24:24,199 Speaker 3: I should say being out of a job, and so 497 00:24:24,280 --> 00:24:28,440 Speaker 3: the government really loosened and expanded its use of unemployment insurance. 498 00:24:28,600 --> 00:24:30,320 Speaker 3: But whenever the government says, hey, we're going to write 499 00:24:30,320 --> 00:24:33,160 Speaker 3: eight hundred billion dollars in checks, people get creative about 500 00:24:33,160 --> 00:24:35,520 Speaker 3: ways to builk the government. And in particular, this type 501 00:24:35,520 --> 00:24:39,640 Speaker 3: of fraud was really identity theft. It is super easy, 502 00:24:40,040 --> 00:24:41,960 Speaker 3: super easy to go on the dark web and buy 503 00:24:42,000 --> 00:24:44,080 Speaker 3: a social Security number, and so that's what a lot 504 00:24:44,119 --> 00:24:48,240 Speaker 3: of criminals and organized criminal groups did during the pandemic, 505 00:24:48,680 --> 00:24:55,400 Speaker 3: there was a widespread fraud where individuals would go purchase identities, 506 00:24:55,920 --> 00:24:59,960 Speaker 3: apply en mass to state unemployment insurance programs, collect them, 507 00:25:00,760 --> 00:25:03,040 Speaker 3: take it out of the system, and then we think 508 00:25:03,080 --> 00:25:05,960 Speaker 3: in many cases it was either offshore or rerouted to 509 00:25:06,000 --> 00:25:10,240 Speaker 3: criminal organizations. So this was so incredibly wides But actually 510 00:25:10,440 --> 00:25:12,680 Speaker 3: my wife got a prepaid debit card in the mail 511 00:25:12,960 --> 00:25:15,240 Speaker 3: from the unemployment agency and she didn't lose her job. 512 00:25:15,680 --> 00:25:18,080 Speaker 3: I've talked to just dozens of people across the country 513 00:25:18,080 --> 00:25:19,600 Speaker 3: and in all sorts of sectors, who said, yeah, this 514 00:25:19,640 --> 00:25:20,359 Speaker 3: actually happened to me. 515 00:25:20,760 --> 00:25:23,400 Speaker 1: Wait, this leads to something that I want to ask 516 00:25:23,440 --> 00:25:27,320 Speaker 1: as well, which is how is fraud propagated? Because this 517 00:25:27,400 --> 00:25:29,960 Speaker 1: kind of gets to Joe's question earlier, how do people 518 00:25:30,000 --> 00:25:32,439 Speaker 1: actually do this? How do I learn to do fraud? 519 00:25:32,640 --> 00:25:34,640 Speaker 1: Is it like I just look it up on the internet, 520 00:25:34,760 --> 00:25:37,960 Speaker 1: or is it like someone I'm associated with tells me. 521 00:25:38,680 --> 00:25:42,320 Speaker 3: So different frauds have different mechanisms by which people learn them, 522 00:25:42,320 --> 00:25:45,000 Speaker 3: but in general, there is a social learning component to this. Absolutely. 523 00:25:45,280 --> 00:25:47,840 Speaker 3: So with some of the institutional frauds that we've been 524 00:25:47,880 --> 00:25:50,200 Speaker 3: talking about, a hospital that decides that they're going to 525 00:25:50,240 --> 00:25:52,919 Speaker 3: suddenly charge a lot of money through some loophole. Often 526 00:25:52,960 --> 00:25:56,000 Speaker 3: there are business decisions being made by executives. Sometimes there 527 00:25:56,000 --> 00:25:59,480 Speaker 3: are consultants involved, and big national chains often are the 528 00:25:59,480 --> 00:26:02,280 Speaker 3: ones that's read these because they have kind of centralized management. 529 00:26:02,520 --> 00:26:05,480 Speaker 3: The hospital administrators from different hospitals look at this. I'm thinking, 530 00:26:05,520 --> 00:26:08,840 Speaker 3: for example, of the tenant hospitals which paid nine hundred 531 00:26:08,880 --> 00:26:11,359 Speaker 3: million dollars back to the government for a small little 532 00:26:11,400 --> 00:26:13,960 Speaker 3: loophole that was supposed to be for an outlier payments program, 533 00:26:14,119 --> 00:26:15,840 Speaker 3: and they just drove a truck through that loophole they 534 00:26:16,080 --> 00:26:19,480 Speaker 3: ended up stealing. So if you go in patient in 535 00:26:19,480 --> 00:26:21,840 Speaker 3: a hospital, the hospital gets paid fixed themount under Medicare 536 00:26:21,920 --> 00:26:24,480 Speaker 3: through what's called a prospective payment system. They don't pay 537 00:26:24,520 --> 00:26:27,160 Speaker 3: per cost. They just say, you know you have a pneumonia, 538 00:26:27,240 --> 00:26:29,680 Speaker 3: we're going to pay this much. The government was worried 539 00:26:29,680 --> 00:26:31,920 Speaker 3: when they set this program up that some very expensive 540 00:26:31,920 --> 00:26:35,040 Speaker 3: patients wouldn't get treatment because if the hospital knows that 541 00:26:35,160 --> 00:26:36,760 Speaker 3: and they know that, they're going to lose money on you, 542 00:26:37,160 --> 00:26:39,560 Speaker 3: so they made this asterisk. A lot of these things 543 00:26:39,560 --> 00:26:42,920 Speaker 3: are asterisks to have an outlier payment system where if 544 00:26:42,920 --> 00:26:46,120 Speaker 3: a patient is super expensive, then they pay extra and 545 00:26:46,280 --> 00:26:49,280 Speaker 3: the tenant hospitals figured out how to make every patient 546 00:26:49,280 --> 00:26:52,560 Speaker 3: look super expensive by manipulating some of their balance sheets, 547 00:26:52,640 --> 00:26:55,639 Speaker 3: and they ended up spending nine hundred million dollars to 548 00:26:56,440 --> 00:26:58,200 Speaker 3: excuse me, they end up to settle claims, so that 549 00:26:58,320 --> 00:27:00,600 Speaker 3: Tenant never admitted fault, I should say, but the government 550 00:27:00,640 --> 00:27:03,679 Speaker 3: received nine hundred million dollars back from Tenant because you know, 551 00:27:03,720 --> 00:27:06,480 Speaker 3: these allegations were I think true that that Tenant had 552 00:27:06,520 --> 00:27:08,560 Speaker 3: done this, and I estimate actually that the government lost 553 00:27:08,600 --> 00:27:10,280 Speaker 3: billions of dollars to that. Okay, So but I want 554 00:27:10,280 --> 00:27:11,480 Speaker 3: to go back to this question, So how did that 555 00:27:11,520 --> 00:27:13,639 Speaker 3: one happen? Well, there was a consultancy in New Jersey 556 00:27:13,680 --> 00:27:15,480 Speaker 3: that was going around telling people, hey, do you know 557 00:27:15,520 --> 00:27:17,840 Speaker 3: about this outlier payment system? And that's how we think 558 00:27:17,880 --> 00:27:19,760 Speaker 3: that fraud spread, and it's spread all over the country. 559 00:27:20,160 --> 00:27:24,240 Speaker 3: So there's some of this corporate learning from other companies, 560 00:27:24,280 --> 00:27:26,639 Speaker 3: and there's also a lot of social learning. So in 561 00:27:26,680 --> 00:27:30,320 Speaker 3: the case of unemployment insurance fraud or PPP fraud, you 562 00:27:30,320 --> 00:27:34,440 Speaker 3: can go and you can find Telegram groups and Facebook 563 00:27:34,440 --> 00:27:36,960 Speaker 3: groups of people that are like, here's how you apply 564 00:27:37,000 --> 00:27:39,560 Speaker 3: for a PPP loan. There's a great new paper by 565 00:27:39,640 --> 00:27:41,960 Speaker 3: John Griffin at the University of Texas on these Facebook 566 00:27:42,000 --> 00:27:45,399 Speaker 3: groups and like they're called like fraud kings, like they 567 00:27:45,400 --> 00:27:47,440 Speaker 3: know what there were maybe PPP loan kings. There's something 568 00:27:47,440 --> 00:27:49,800 Speaker 3: that it's like really obvious what they're doing and everyone knows. 569 00:27:50,000 --> 00:27:52,080 Speaker 3: And so in the case of health care fraud, in 570 00:27:52,119 --> 00:27:54,640 Speaker 3: the case of non healthcare fraud, often it's you're surrounded 571 00:27:54,640 --> 00:27:56,520 Speaker 3: by people who know how to do this, or you 572 00:27:56,560 --> 00:27:59,199 Speaker 3: meet them through digital platforms, and then people learn and 573 00:27:59,240 --> 00:28:02,360 Speaker 3: so a lot of the fraud we see propagates through communities. 574 00:28:03,000 --> 00:28:05,399 Speaker 3: In the case of the ambulance market, we saw that 575 00:28:05,440 --> 00:28:08,679 Speaker 3: there were certain Eastern European groups that were responsible for 576 00:28:08,720 --> 00:28:11,080 Speaker 3: this in different parts of the country and often from 577 00:28:11,119 --> 00:28:14,560 Speaker 3: the same from original areas, and so you know, generally 578 00:28:14,600 --> 00:28:16,639 Speaker 3: the understanding, at least from the government is that there 579 00:28:16,720 --> 00:28:18,400 Speaker 3: must have been some social learning going out there. 580 00:28:18,400 --> 00:28:20,479 Speaker 2: It's very hard to prove, of course, right, someone figures 581 00:28:20,520 --> 00:28:22,920 Speaker 2: it out and then tell family that's right, that makes sense. 582 00:28:23,160 --> 00:28:26,280 Speaker 2: Let's talk about detection via data and more, and you 583 00:28:26,320 --> 00:28:28,000 Speaker 2: talked about how you have access to all of this 584 00:28:28,240 --> 00:28:33,200 Speaker 2: data and so forth. Obviously you can describe fraud qualitatively 585 00:28:33,480 --> 00:28:37,080 Speaker 2: by saying this is how an ambulance company cheats the government, 586 00:28:37,119 --> 00:28:40,479 Speaker 2: et cetera. What do the fingerprints of fraud look like 587 00:28:40,520 --> 00:28:42,640 Speaker 2: when you look at it on the macro scale, What 588 00:28:43,200 --> 00:28:46,120 Speaker 2: pops up in the data that would at least be 589 00:28:46,200 --> 00:28:48,280 Speaker 2: a yellow flag and say this is something we need 590 00:28:48,280 --> 00:28:48,880 Speaker 2: to look at more. 591 00:28:49,080 --> 00:28:52,920 Speaker 3: So there are huge run ups in spending in every 592 00:28:52,960 --> 00:28:54,680 Speaker 3: type of fraud I've ever seen, and every type of 593 00:28:54,840 --> 00:28:56,480 Speaker 3: I mean, the whole point is if you're not making money, 594 00:28:56,480 --> 00:28:57,960 Speaker 3: it's not a good fraud, right, And so if you 595 00:28:58,040 --> 00:29:02,000 Speaker 3: just make a plot of bending against you know, time, 596 00:29:02,240 --> 00:29:04,920 Speaker 3: you can often just see these really big exponential growth. Now, 597 00:29:04,960 --> 00:29:06,920 Speaker 3: some of those are legitimate, because if there's a new 598 00:29:07,040 --> 00:29:10,520 Speaker 3: great medical technology and people start using it, that also 599 00:29:10,640 --> 00:29:13,560 Speaker 3: looks like a technological adoption curve, right of a kind 600 00:29:13,560 --> 00:29:17,120 Speaker 3: of big upper rank. But when it's fraud, it you know, 601 00:29:17,240 --> 00:29:20,800 Speaker 3: first of all, it looks like massive year over year increases. 602 00:29:21,360 --> 00:29:24,400 Speaker 3: The second is that it'll often be way too much, 603 00:29:25,200 --> 00:29:27,680 Speaker 3: to the point where it's obvious that nobody's getting this. 604 00:29:27,760 --> 00:29:30,720 Speaker 3: For example, sometimes you'll see a doctor who's just billing 605 00:29:30,720 --> 00:29:33,479 Speaker 3: from too many home care visits, but like the homecare 606 00:29:33,560 --> 00:29:35,560 Speaker 3: visits are sixty minutes, and the doctor's billing for five 607 00:29:35,560 --> 00:29:37,920 Speaker 3: thousand of them a year. It's like, well, that's five 608 00:29:37,960 --> 00:29:39,920 Speaker 3: thousand hours. There aren't five thousand work hours in the year. 609 00:29:39,960 --> 00:29:41,720 Speaker 3: The government should just be able to detect that. You 610 00:29:41,760 --> 00:29:44,800 Speaker 3: should just not pay those So where the failure is 611 00:29:44,800 --> 00:29:46,480 Speaker 3: is not in how hard it is to detect in 612 00:29:46,560 --> 00:29:48,880 Speaker 3: data such and not that hard to detect in data. 613 00:29:48,920 --> 00:29:51,880 Speaker 3: It's on the incentives for the enforcers to look at 614 00:29:51,880 --> 00:29:54,240 Speaker 3: that data and use it appropriately. And that's where we 615 00:29:54,280 --> 00:29:56,160 Speaker 3: get back to this limited enforcement capacity. 616 00:29:56,440 --> 00:29:59,760 Speaker 1: How do you measure benefits on the other side, because 617 00:29:59,760 --> 00:30:02,760 Speaker 1: that's it seems again like a potential avenue where there 618 00:30:02,800 --> 00:30:04,000 Speaker 1: could be some disagreement. 619 00:30:04,960 --> 00:30:07,719 Speaker 3: So I think it's super important that we preserve access 620 00:30:07,720 --> 00:30:11,160 Speaker 3: to the public programs. And my research is not focused 621 00:30:11,160 --> 00:30:12,800 Speaker 3: at all on, you know, how do we take things 622 00:30:12,840 --> 00:30:14,880 Speaker 3: away from people? And in particular, I always try to 623 00:30:14,920 --> 00:30:19,520 Speaker 3: measure very hard whether there are health effects associated with this. 624 00:30:19,640 --> 00:30:21,240 Speaker 3: So in the case of the ambulances, we're able to 625 00:30:21,280 --> 00:30:24,400 Speaker 3: show pretty definitively that there are no negative health effets 626 00:30:24,440 --> 00:30:25,880 Speaker 3: associated with cutting this, and this is something I do 627 00:30:25,960 --> 00:30:28,200 Speaker 3: in all my papers. You really have to ask the question, 628 00:30:28,520 --> 00:30:31,960 Speaker 3: were people losing care that they needed? And so super 629 00:30:31,960 --> 00:30:34,600 Speaker 3: great question in the context of some of these very 630 00:30:34,640 --> 00:30:38,240 Speaker 3: obvious frauds. Sometimes people aren't even getting the service. So 631 00:30:38,280 --> 00:30:40,600 Speaker 3: if the government's paying for something and nobody ever got it, 632 00:30:40,640 --> 00:30:43,560 Speaker 3: taking it away is costless. So that's the best efficient 633 00:30:43,680 --> 00:30:45,760 Speaker 3: thing that we could do, is just stop paying for 634 00:30:45,800 --> 00:30:48,160 Speaker 3: things that aren't even happening. Right, Let's not even talk 635 00:30:48,160 --> 00:30:50,680 Speaker 3: about waste. Let's just talk about these outright frauds. And 636 00:30:50,760 --> 00:30:52,800 Speaker 3: so how do you measure it? I mean, if you 637 00:30:52,840 --> 00:30:55,719 Speaker 3: look at very large scale claims data, as I do, 638 00:30:55,760 --> 00:30:58,480 Speaker 3: and the government can, you can see, Okay, we cut 639 00:30:58,480 --> 00:31:01,600 Speaker 3: out this provider, let's look at their patients. Did they 640 00:31:01,600 --> 00:31:04,480 Speaker 3: go to the hospital more? That's an empirical question, right, 641 00:31:04,480 --> 00:31:06,520 Speaker 3: And so there's no reason that it just has to 642 00:31:06,560 --> 00:31:08,000 Speaker 3: be a gas, right. This is something that we should 643 00:31:08,040 --> 00:31:10,640 Speaker 3: be measuring as part of our data analysis associated with 644 00:31:10,680 --> 00:31:11,160 Speaker 3: handy front. 645 00:31:27,360 --> 00:31:31,400 Speaker 2: So it's very obvious why, whether we're talking about the 646 00:31:31,440 --> 00:31:35,000 Speaker 2: government or private insurance, that it's just rules on top 647 00:31:35,040 --> 00:31:38,400 Speaker 2: of rules on top of rules and asterisks and so forth, 648 00:31:38,520 --> 00:31:44,560 Speaker 2: because this is very complicated stuff. Rules also create problems 649 00:31:45,200 --> 00:31:49,440 Speaker 2: and compliance by the rules. Can you know strict adherence 650 00:31:49,440 --> 00:31:52,640 Speaker 2: to the rules can also have negative effects. I have 651 00:31:52,720 --> 00:31:55,840 Speaker 2: to imagine, for example, that there are say, many people 652 00:31:56,040 --> 00:31:59,920 Speaker 2: in the US currently on some sort of GLP one drug, 653 00:32:00,440 --> 00:32:03,560 Speaker 2: but maybe technically they don't have the thing, but you 654 00:32:03,600 --> 00:32:05,080 Speaker 2: know a lot of it. There seem to be a 655 00:32:05,120 --> 00:32:07,960 Speaker 2: lot of benefits from weight loss and so forth. Have 656 00:32:08,080 --> 00:32:12,600 Speaker 2: you found examples in your research in which there is 657 00:32:12,640 --> 00:32:18,200 Speaker 2: some sort of positive externality from deviation from the rules? 658 00:32:18,240 --> 00:32:20,320 Speaker 3: Absolutely? Absolutely, Thanks for cueuing this up. I have a 659 00:32:20,360 --> 00:32:23,960 Speaker 3: great story. So let's talk about the hospice industry. Hospice 660 00:32:23,960 --> 00:32:26,920 Speaker 3: care is an end of life benefit for patients who 661 00:32:26,960 --> 00:32:29,080 Speaker 3: have a prognosis of six months or less. So if 662 00:32:29,080 --> 00:32:31,240 Speaker 3: you're dying and a physician certifies that you're dying within 663 00:32:31,280 --> 00:32:34,320 Speaker 3: six months, you qualify for hospice. What is hospice? You 664 00:32:34,360 --> 00:32:36,600 Speaker 3: give up the curative care, and you stop taking all 665 00:32:36,600 --> 00:32:38,480 Speaker 3: of these meds with the horrible side effects, and you 666 00:32:38,480 --> 00:32:40,200 Speaker 3: stop going to the hospital as often, and you can 667 00:32:40,200 --> 00:32:43,239 Speaker 3: die peacefully at home with pain medication. And I think 668 00:32:43,280 --> 00:32:45,760 Speaker 3: that this is a great program. I think it's really important. 669 00:32:45,840 --> 00:32:47,920 Speaker 3: We spend twenty billion dollars a year on the federal 670 00:32:47,960 --> 00:32:52,680 Speaker 3: hospice program, and more than fifty percent of Medicare patients 671 00:32:52,720 --> 00:32:54,880 Speaker 3: who die every year will have had a hospice claim, Okay, 672 00:32:54,920 --> 00:32:56,920 Speaker 3: this is important. This is the way that we're treating 673 00:32:56,920 --> 00:32:59,840 Speaker 3: people at the end of life. It's really hard to 674 00:32:59,880 --> 00:33:03,280 Speaker 3: know who's dying within six months. That is not a 675 00:33:03,320 --> 00:33:10,040 Speaker 3: trivial estimate, and historically there was subjectivity in this. So 676 00:33:10,600 --> 00:33:13,920 Speaker 3: over the twenty year period nineteen ninety nine through twenty nineteen, 677 00:33:14,200 --> 00:33:18,360 Speaker 3: there was a quadrupling of for profit hospices, and many 678 00:33:18,400 --> 00:33:22,560 Speaker 3: of them increasingly took Alzheimer's and dementia patients. Why because 679 00:33:22,560 --> 00:33:25,760 Speaker 3: they stay for a long time on these hospice programs, 680 00:33:26,080 --> 00:33:29,240 Speaker 3: and the hospice programs are paid about two hundred dollars 681 00:33:29,240 --> 00:33:33,000 Speaker 3: a day. And the federal government cried fraud, and we 682 00:33:33,040 --> 00:33:37,160 Speaker 3: saw one hundred and sixty three federal whistleblower lawsuits against 683 00:33:37,160 --> 00:33:40,480 Speaker 3: for profit hospice companies more than three hundred million dollars 684 00:33:40,480 --> 00:33:42,920 Speaker 3: in settlements, saying this is fraud. You shouldn't have taken 685 00:33:42,920 --> 00:33:45,000 Speaker 3: the patients. You should have known that they weren't dying 686 00:33:45,000 --> 00:33:47,840 Speaker 3: fast enough that they did not qualify for hospice. So 687 00:33:47,920 --> 00:33:50,280 Speaker 3: I wrote a paper with John Gruber at MIT, as 688 00:33:50,280 --> 00:33:52,120 Speaker 3: well as one of our PhD students and David Howard 689 00:33:52,160 --> 00:33:55,520 Speaker 3: at Emery, some really top notch economists and we looked 690 00:33:55,560 --> 00:33:57,680 Speaker 3: at this program. We said, Okay, this is something people 691 00:33:57,680 --> 00:34:00,320 Speaker 3: are really concerned about. And what we found really knocked 692 00:34:00,360 --> 00:34:03,520 Speaker 3: our socks off. The fraud actually was not as bad 693 00:34:03,520 --> 00:34:06,600 Speaker 3: as people said, in particular because did some patients go 694 00:34:06,640 --> 00:34:09,200 Speaker 3: to hospice who may otherwise not have because they were 695 00:34:09,200 --> 00:34:11,560 Speaker 3: not dying fast enough. Sure, but it's still a heck 696 00:34:11,600 --> 00:34:14,160 Speaker 3: of a lot cheaper to go to hospice for six 697 00:34:14,200 --> 00:34:15,840 Speaker 3: months than it is to go to the hospital and 698 00:34:15,880 --> 00:34:17,759 Speaker 3: the nursing home and the homecare agency and the Durbal 699 00:34:17,760 --> 00:34:20,560 Speaker 3: medical equipment and the pharmaceuticals. And we estimate that these 700 00:34:20,600 --> 00:34:24,760 Speaker 3: patients saved tens of thousands of dollars. And the patients 701 00:34:24,880 --> 00:34:27,200 Speaker 3: liked it. They and their families are picking hospice. This 702 00:34:27,239 --> 00:34:29,520 Speaker 3: is something that they want. They don't want the hospital, 703 00:34:29,560 --> 00:34:31,720 Speaker 3: so they're getting a service they want and the government 704 00:34:31,760 --> 00:34:33,640 Speaker 3: is saving money. And yet we've decided that this is 705 00:34:33,680 --> 00:34:35,960 Speaker 3: a fraud because there's this rule. Now, when you think 706 00:34:36,000 --> 00:34:38,400 Speaker 3: about it from that way, six months is totally arbitrary. 707 00:34:38,400 --> 00:34:40,480 Speaker 3: Why is it six months and not eight months? And 708 00:34:40,520 --> 00:34:43,000 Speaker 3: so this paper, it's called Dying or Lying, It just 709 00:34:43,280 --> 00:34:46,400 Speaker 3: was accepted last week at the AER. It shows pretty 710 00:34:46,400 --> 00:34:50,400 Speaker 3: conclusively that the policies aimed at limiting fraud threw the 711 00:34:50,400 --> 00:34:51,240 Speaker 3: baby out with the bathloar. 712 00:34:52,239 --> 00:34:55,960 Speaker 1: You know, we started this conversation mentioning DOJE the new 713 00:34:56,120 --> 00:35:00,560 Speaker 1: Department of Government Efficiency. I guess one obvious question to 714 00:35:00,600 --> 00:35:02,719 Speaker 1: ask you would be, you know, if you were in 715 00:35:02,920 --> 00:35:07,000 Speaker 1: Elon or Vivek's shoes, what would be your you know, 716 00:35:07,080 --> 00:35:09,560 Speaker 1: the first thing you would start with when it comes 717 00:35:09,600 --> 00:35:11,880 Speaker 1: to rooting out fraud or I don't know if you 718 00:35:11,880 --> 00:35:16,359 Speaker 1: want to get into wider types of inefficiencies, but what's 719 00:35:16,400 --> 00:35:17,200 Speaker 1: the first thing you would do? 720 00:35:17,320 --> 00:35:20,400 Speaker 2: Yeah, they make you the real point person on this. 721 00:35:20,440 --> 00:35:21,160 Speaker 2: How do you start? 722 00:35:21,560 --> 00:35:25,400 Speaker 3: So first, I'm optimistic about the Department of Government Efficiency 723 00:35:25,400 --> 00:35:28,120 Speaker 3: because I think that there are some clear evidence based, 724 00:35:28,760 --> 00:35:31,480 Speaker 3: obvious wins that we have left on the table in 725 00:35:31,560 --> 00:35:35,000 Speaker 3: terms of saving government money. The first is, we know 726 00:35:35,320 --> 00:35:39,040 Speaker 3: that anti fraud efforts, particularly in the Medicare and Medicaid programs, 727 00:35:39,080 --> 00:35:41,920 Speaker 3: have huge return on investments, and we underfund them. So 728 00:35:41,960 --> 00:35:45,120 Speaker 3: we could staff up those offices at the Department of Justice, 729 00:35:45,160 --> 00:35:46,920 Speaker 3: at the Department of Justice Districts, at the Office of 730 00:35:46,920 --> 00:35:49,760 Speaker 3: the Inspector General and literally just chase down the leads 731 00:35:49,760 --> 00:35:51,120 Speaker 3: that we already know about we don't even have to 732 00:35:51,160 --> 00:35:53,240 Speaker 3: go after other leads. If you look at your average 733 00:35:53,520 --> 00:35:56,200 Speaker 3: civil assistant US attorney, they've got thirty good cases on 734 00:35:56,239 --> 00:35:59,239 Speaker 3: their desk and they get to pick two of them sore. 735 00:35:59,480 --> 00:36:01,960 Speaker 3: And many of these cases allege millions of dollars of 736 00:36:01,960 --> 00:36:03,840 Speaker 3: fraud and they say, I'm sorry, we have a number. 737 00:36:03,960 --> 00:36:06,080 Speaker 3: We can't go under anything right now less than ten million, 738 00:36:06,120 --> 00:36:08,600 Speaker 3: and they drop the case. So even if we just 739 00:36:08,800 --> 00:36:11,160 Speaker 3: doubled the number of people or at the Department of 740 00:36:11,200 --> 00:36:13,919 Speaker 3: Justice who focus on fraud against the government, that would 741 00:36:13,920 --> 00:36:16,600 Speaker 3: pay for itself many times over. Okay, So that's an 742 00:36:16,600 --> 00:36:19,520 Speaker 3: obvious one. The second is to start getting serious about data. 743 00:36:20,040 --> 00:36:23,960 Speaker 3: If we do not hire and recruit excellent analysts to 744 00:36:24,000 --> 00:36:26,279 Speaker 3: look at government data from the government, we are going 745 00:36:26,280 --> 00:36:29,879 Speaker 3: to miss obvious frauds. Everything I've talked about so far 746 00:36:30,200 --> 00:36:33,200 Speaker 3: is not rocket science. We're talking about huge amounts of 747 00:36:33,200 --> 00:36:34,960 Speaker 3: billing for patients who obviously don't need it in some 748 00:36:35,000 --> 00:36:37,000 Speaker 3: of these cases, and the government pays it and they 749 00:36:37,040 --> 00:36:39,480 Speaker 3: miss it. They have access to that data in real time, 750 00:36:39,480 --> 00:36:42,040 Speaker 3: they're writ in the checks. Why are we not screening that? 751 00:36:42,080 --> 00:36:44,360 Speaker 3: And the answer is not a lot of data analysts 752 00:36:44,400 --> 00:36:46,359 Speaker 3: work at the Department of Justice, and there are some. 753 00:36:46,680 --> 00:36:48,000 Speaker 3: There are some that work at the Office and the 754 00:36:48,040 --> 00:36:51,000 Speaker 3: Inspector General of Health and Human Services, but not that many. 755 00:36:51,160 --> 00:36:53,480 Speaker 3: Why because they pay like seventy thousand dollars a year. 756 00:36:53,600 --> 00:36:55,120 Speaker 3: And if you're a good data analyst, you don't go 757 00:36:55,160 --> 00:36:57,120 Speaker 3: to work for the government for seventy thousand dollars a year. 758 00:36:57,239 --> 00:36:59,239 Speaker 3: If the government wants top talent, it's got to be 759 00:36:59,280 --> 00:37:02,680 Speaker 3: willing to recruit, and those are competitive positions. And so 760 00:37:02,920 --> 00:37:04,879 Speaker 3: if we get serious about data, we get serious about 761 00:37:04,880 --> 00:37:08,880 Speaker 3: machine learning, we get serious about investing in the attorneys 762 00:37:08,920 --> 00:37:11,239 Speaker 3: who are doing the good work, and just the programs 763 00:37:11,239 --> 00:37:15,120 Speaker 3: work really well. The second is rigorous evaluation, right, we 764 00:37:15,200 --> 00:37:18,080 Speaker 3: need to know when we try policies, do they work 765 00:37:18,200 --> 00:37:19,880 Speaker 3: or do they not work. When we put in a 766 00:37:19,880 --> 00:37:23,440 Speaker 3: prior authorization program, when we put in a new screening 767 00:37:23,480 --> 00:37:25,839 Speaker 3: for people to take a selfie on their phone before 768 00:37:25,880 --> 00:37:28,120 Speaker 3: we pay their unemployment insurance claim, that's actually how we 769 00:37:28,120 --> 00:37:30,960 Speaker 3: fix the unemployment insurance problem. It was an identity theft problem. 770 00:37:31,000 --> 00:37:32,480 Speaker 3: You just got to take a selfie on your phone. 771 00:37:32,640 --> 00:37:36,080 Speaker 3: These ideas work, but we need to evaluate them as 772 00:37:36,160 --> 00:37:37,360 Speaker 3: serious policy. 773 00:37:36,960 --> 00:37:40,120 Speaker 2: As I just have one more question, and I don't 774 00:37:40,120 --> 00:37:44,239 Speaker 2: even know whether this is capable of being ascertained in 775 00:37:44,280 --> 00:37:47,200 Speaker 2: a substantive way. But when you think about the stuff 776 00:37:47,239 --> 00:37:49,799 Speaker 2: that you research and we're talking about, like, you know, 777 00:37:49,920 --> 00:37:53,920 Speaker 2: big question is can we meaningfully move the dial on 778 00:37:54,719 --> 00:37:59,040 Speaker 2: fraudulent spending or maybe wasteful spending? And do we have 779 00:37:59,120 --> 00:38:02,359 Speaker 2: a number it exists? Do we know how much could 780 00:38:02,400 --> 00:38:04,920 Speaker 2: potentially be saved? So? 781 00:38:05,040 --> 00:38:07,960 Speaker 3: I think healthcare fraud alone in the United States is 782 00:38:08,000 --> 00:38:11,480 Speaker 3: something like one hundred billion dollars a year. Now that's 783 00:38:11,520 --> 00:38:13,960 Speaker 3: across private and public. But we spend one point five 784 00:38:14,040 --> 00:38:16,880 Speaker 3: trillion dollars on Medicare and Medicaid. So the idea that 785 00:38:16,960 --> 00:38:19,400 Speaker 3: it's a big chunks, now, it's not that big of 786 00:38:19,400 --> 00:38:21,080 Speaker 3: a chunk. We spent you know, two point three trillion 787 00:38:21,120 --> 00:38:23,280 Speaker 3: dollars overall, and so to say fifty to one hundred 788 00:38:23,280 --> 00:38:25,719 Speaker 3: billion dollars a year of fraud, yeah, I think that 789 00:38:25,880 --> 00:38:28,799 Speaker 3: number is reasonable. Yeah, So can we move the needle 790 00:38:28,840 --> 00:38:31,440 Speaker 3: on it? Absolutely? There are things that we know work 791 00:38:31,520 --> 00:38:34,640 Speaker 3: really well, huge treatment effects at very low cost. Now, 792 00:38:34,760 --> 00:38:39,520 Speaker 3: government spending overall, we spend what six seven trillion dollars 793 00:38:39,560 --> 00:38:41,879 Speaker 3: a year in the government. When we look at these 794 00:38:41,920 --> 00:38:45,720 Speaker 3: other public programs there are some that have obvious frauds 795 00:38:45,719 --> 00:38:48,160 Speaker 3: going on, Like I mentioned the unemployment insurance system that 796 00:38:48,239 --> 00:38:51,080 Speaker 3: had tens or possibly one hundred billion dollars of fraud 797 00:38:51,160 --> 00:38:53,840 Speaker 3: there as well the PPP program. We spent one hundred 798 00:38:53,840 --> 00:38:56,560 Speaker 3: billion dollars or at least on fraud in that program. 799 00:38:56,760 --> 00:38:59,279 Speaker 3: And so not every program is rife with fraud. There 800 00:38:59,280 --> 00:39:01,879 Speaker 3: are programs that are very hard to defraud. It's hard 801 00:39:01,880 --> 00:39:04,279 Speaker 3: to defraud social Security why because they have your full 802 00:39:04,320 --> 00:39:06,040 Speaker 3: earnings record and they pick the number and they send 803 00:39:06,080 --> 00:39:09,840 Speaker 3: you a check. Very limited fraud in the social security system. 804 00:39:09,880 --> 00:39:11,840 Speaker 3: I think that there's probably a lot of fraud in 805 00:39:11,840 --> 00:39:14,600 Speaker 3: some of the infrastructure and defense, and so our framework 806 00:39:14,640 --> 00:39:17,000 Speaker 3: has to be like where does the government know the least, 807 00:39:17,400 --> 00:39:20,320 Speaker 3: the government doesn't really know what's going into every element 808 00:39:20,360 --> 00:39:22,719 Speaker 3: of a defense spend or every element of you know, 809 00:39:23,239 --> 00:39:25,600 Speaker 3: how is the road being built or what is the 810 00:39:25,600 --> 00:39:28,040 Speaker 3: hospital doing? And when you have those big information, these symmetries, 811 00:39:28,080 --> 00:39:29,920 Speaker 3: that's where the big frauds. So if I think that 812 00:39:29,920 --> 00:39:33,600 Speaker 3: there's one hundred billion dollars just for Medicare and medicaid spending, 813 00:39:33,719 --> 00:39:36,600 Speaker 3: or maybe you know, throw in the advantage spending and 814 00:39:36,640 --> 00:39:39,000 Speaker 3: the you know, other the federal employees health benefits and 815 00:39:39,000 --> 00:39:41,040 Speaker 3: the VA. To get to the hundred billion number of 816 00:39:41,080 --> 00:39:43,680 Speaker 3: that healthcare fraud, I think that it very easily that 817 00:39:43,800 --> 00:39:47,400 Speaker 3: hundred billion dollars also occurs. Yet again in some of 818 00:39:47,440 --> 00:39:48,880 Speaker 3: these other like defense, I'm sure. 819 00:39:48,640 --> 00:39:52,440 Speaker 2: That there's plan Jensen leader luis amazing. Thank you so 820 00:39:52,520 --> 00:39:53,440 Speaker 2: much for coming on them. 821 00:39:53,440 --> 00:39:54,319 Speaker 3: Park, Thanks for having me. 822 00:40:07,120 --> 00:40:11,360 Speaker 2: Tracy. I am pro getting rid of fraud. No, I've 823 00:40:11,440 --> 00:40:13,160 Speaker 2: for real, I don't take a lot of it. 824 00:40:13,160 --> 00:40:15,200 Speaker 1: It seems like a low bar. Although you did ask 825 00:40:15,239 --> 00:40:17,880 Speaker 1: repeatedly how you could commit it, but I know that 826 00:40:18,000 --> 00:40:19,840 Speaker 1: was for informational purposes only. 827 00:40:20,080 --> 00:40:22,680 Speaker 2: No, I'm going to actually I'm not going to get 828 00:40:22,719 --> 00:40:24,920 Speaker 2: into the business of medical fraud. I'm going to get 829 00:40:24,920 --> 00:40:28,439 Speaker 2: into the business of being one of those independent whistleblowers 830 00:40:28,440 --> 00:40:30,920 Speaker 2: to bounty hunters. Yeah, that sounds great, but I feel 831 00:40:30,920 --> 00:40:32,360 Speaker 2: like I need to know how it works so I 832 00:40:32,400 --> 00:40:35,000 Speaker 2: can identify it. But I really do think, you know, 833 00:40:35,120 --> 00:40:38,399 Speaker 2: setting aside, setting aside everything fraud is bad. 834 00:40:38,840 --> 00:40:40,759 Speaker 1: I do think, and I kind of said this in 835 00:40:40,800 --> 00:40:43,279 Speaker 1: the beginning, that we can all agree that fraud and 836 00:40:43,440 --> 00:40:45,680 Speaker 1: waste is bad, like no matter where you fall on 837 00:40:45,719 --> 00:40:49,080 Speaker 1: the political spectrum, because if you free up money that's 838 00:40:49,160 --> 00:40:52,000 Speaker 1: not doing anything, then you could, in theory, put it 839 00:40:52,040 --> 00:40:55,200 Speaker 1: to a different use and get more bang for your bucks, 840 00:40:55,200 --> 00:40:59,120 Speaker 1: so to speak. I think obviously, and we touched on this, 841 00:40:59,239 --> 00:41:03,359 Speaker 1: like a lot of these decisions over what's fraudulent or 842 00:41:03,600 --> 00:41:07,400 Speaker 1: especially what's wasteful maybe not necessarily fraud come down to 843 00:41:07,760 --> 00:41:10,279 Speaker 1: specific judgments and they can be subjective, and I think 844 00:41:10,280 --> 00:41:12,480 Speaker 1: that's where a lot of the disagreement is going to 845 00:41:12,480 --> 00:41:16,320 Speaker 1: be going forward. But I do think the point about 846 00:41:16,719 --> 00:41:20,440 Speaker 1: using the data better. The government must have some amazing data. 847 00:41:20,840 --> 00:41:23,240 Speaker 1: We kind of talked about it, especially in these specific 848 00:41:23,280 --> 00:41:24,960 Speaker 1: sectors like healthcare. 849 00:41:25,400 --> 00:41:27,719 Speaker 2: Two things on the data that were really interesting. So 850 00:41:27,840 --> 00:41:30,920 Speaker 2: one is just this idea that if you're a talented 851 00:41:31,040 --> 00:41:32,600 Speaker 2: data scientist. 852 00:41:32,360 --> 00:41:33,120 Speaker 1: Go to the doge. 853 00:41:33,239 --> 00:41:34,960 Speaker 2: And this has come up in some of our past 854 00:41:35,000 --> 00:41:37,919 Speaker 2: episodes that we've done with a few other guests. There 855 00:41:37,960 --> 00:41:41,719 Speaker 2: does seem to be this structural issue, right of how 856 00:41:41,800 --> 00:41:45,000 Speaker 2: government pays and whether the how compelling a job in 857 00:41:45,040 --> 00:41:48,000 Speaker 2: government is, et cetera. And so there does seem to 858 00:41:48,040 --> 00:41:50,759 Speaker 2: be an issue with how do you staff up a 859 00:41:50,800 --> 00:41:54,480 Speaker 2: big team of data scientists that are incentive and have 860 00:41:54,560 --> 00:41:57,640 Speaker 2: the agency and capacity to use that data. Do something 861 00:41:57,800 --> 00:42:00,880 Speaker 2: when they discover it. And then you know, very interesting 862 00:42:01,520 --> 00:42:05,480 Speaker 2: comment that last one about it's very hard to defraud 863 00:42:05,520 --> 00:42:08,680 Speaker 2: social security, and so this idea of like where is 864 00:42:08,719 --> 00:42:12,600 Speaker 2: the fraud most likely to exist? Areas in which there 865 00:42:12,640 --> 00:42:17,160 Speaker 2: is some limited asymmetrical as economists like to use information, 866 00:42:17,360 --> 00:42:20,440 Speaker 2: which is, you know, the government doesn't know what happens 867 00:42:20,800 --> 00:42:24,440 Speaker 2: when you are not you and I go into a doctor, right, 868 00:42:24,440 --> 00:42:28,000 Speaker 2: there's some level of information asymmetry there. It doesn't really 869 00:42:28,080 --> 00:42:30,439 Speaker 2: know what kind of walker you or I are going 870 00:42:30,480 --> 00:42:33,880 Speaker 2: to need in thirty or forty years to get around, 871 00:42:33,880 --> 00:42:37,000 Speaker 2: et cetera. And then furthermore, we didn't touch on it, 872 00:42:37,040 --> 00:42:40,719 Speaker 2: but I do think or absolutely as a podcast, are 873 00:42:40,719 --> 00:42:42,759 Speaker 2: going to need to do more, should do way more 874 00:42:42,800 --> 00:42:45,799 Speaker 2: on defense spending. There's a million angles that we have 875 00:42:45,840 --> 00:42:48,239 Speaker 2: to do on that. But you could see like we 876 00:42:48,280 --> 00:42:50,440 Speaker 2: don't really know what went into the assembly of this 877 00:42:50,520 --> 00:42:52,920 Speaker 2: and the cost of this program and is this part 878 00:42:53,000 --> 00:42:55,879 Speaker 2: really worth this much money or maybe as a competition thing. 879 00:42:56,080 --> 00:42:58,920 Speaker 2: There's a lot of fruit there for future episodes. 880 00:42:58,960 --> 00:43:01,040 Speaker 1: But I do think one of the big tensions here 881 00:43:01,200 --> 00:43:05,719 Speaker 1: is the sort of government generalists versus like the experts 882 00:43:05,760 --> 00:43:08,640 Speaker 1: that they're listening to what I mean is, for instance, 883 00:43:08,680 --> 00:43:12,200 Speaker 1: if you're a defense contractor and you're building I don't know, 884 00:43:12,360 --> 00:43:16,120 Speaker 1: like a submarine launch pad or whatever, like the government 885 00:43:16,120 --> 00:43:18,719 Speaker 1: official isn't necessarily going to know all the nuts and 886 00:43:18,760 --> 00:43:21,680 Speaker 1: bolts that need to go into that. And so yeah, 887 00:43:21,719 --> 00:43:24,760 Speaker 1: I always wonder how you sort of overcome that informational gap. 888 00:43:24,840 --> 00:43:26,600 Speaker 2: There's a lot there. Let's do more on this topic. 889 00:43:26,680 --> 00:43:28,120 Speaker 1: All right, shall we leave it there for now? 890 00:43:28,239 --> 00:43:29,000 Speaker 2: Let's leave it there. 891 00:43:29,239 --> 00:43:31,880 Speaker 1: This has been another episode of the All Thoughts podcast. 892 00:43:32,000 --> 00:43:34,800 Speaker 1: I'm Tracy Alloway. You can follow me at Tracy Alloway. 893 00:43:34,960 --> 00:43:37,960 Speaker 2: And I'm Joe Wisenthal. You can follow me at the Stalwart. 894 00:43:38,160 --> 00:43:42,200 Speaker 2: Follow our guest Jetson leader Luis. He's at jetson Econ. Also, 895 00:43:42,239 --> 00:43:44,680 Speaker 2: he has a number of papers on his website that 896 00:43:44,719 --> 00:43:47,120 Speaker 2: you can just click on and go read. They're all 897 00:43:47,120 --> 00:43:51,120 Speaker 2: really fascinating. Follow our producers Carmen Rodriguez at Carman Armann 898 00:43:51,200 --> 00:43:54,279 Speaker 2: dash Ol Bennett at Dashbot and kill Brooks at Kilbrooks. 899 00:43:54,560 --> 00:43:57,239 Speaker 2: Thank you to our producer Moses Onam. For more Odd 900 00:43:57,320 --> 00:44:00,239 Speaker 2: Laws content, go to Bloomberg dot com slash oddlog. 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