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HHS OIG Report on MCO Institutional Status Patients

Client Alert | 1 min read | 03.11.04

The Office of the Inspector General ("OIG") of the United States Department of Health and Human Services ("HHS") released on March 9, 2004 its report on the appropriateness of Medicare payments to managed care organizations (MCOs) for beneficiaries with institutional status. The OIG used a national sample of eight statistically selected MCOs and five other MCOs that were individually audited, and found $12.8 million in unallowable payments for beneficiaries incorrectly claimed as institutionalized. The payments were unallowable, the OIG claimed, because the MCOs did not verify that the beneficiaries met residency requirements, such as (1) 30-day residency; (2) residency in a Medicare- or Medicaid-certified facility; and (3) residency in the applicable institution during the claimed time period. The OIG recommended that the Centers for Medicare & Medicaid Services ("CMS") improve oversight procedures and instruct sampled and audited MCOs to repay the identified overpayments. CMS is considering these recommendations, along with a recommendation to instruct other MCOs to conduct self-audits and refund identified overpayments. Health plan liability in the millions has previously been incurred following allegations of improper institutional status reporting. The report does not delve into a topic on which there has been disagreement -- whether institutional status patients need to be in certified beds within an institution, or only need to be in an institution with certified beds.

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Client Alert | 7 min read | 10.29.26

7th EU Competition Law Conference, co-hosted by Crowell & Moring, King’s College London and the Competition Law Center at George Washington University

On 8 October 2026, Crowell & Moring, King's College London, and the Competition Law Center at George Washington University co-hosted the 7th EU Competition Law Conference at De Warande in Brussels. Mark Meador, Commissioner at the US Federal Trade Commission (FTC), delivered the opening keynote address, followed by four panels bringing together practitioners, regulators, academics, and in-house counsel to discuss the latest developments in EU, UK, and US competition law enforcement. Among other things, the panels examined algorithmic pricing; the European Commission's (Commission) new guidelines on exclusionary abuses under Article 102 TFEU (Article 102 Guidelines); the impact of dominant positions in merger reviews; and lessons from the enforcement of the Digital Markets Act (DMA) and the UK’s Digital Markets, Competition and Consumers Act. ...