Center sues in an effort to make Medicare Advantage files public
The Center for Public Integrity has sued the U.S. Department of Health and Human Services, seeking a wide range of records concerning oversight of Medicare Advantage health insurance plans for senior citizens.
The suit, filed today in U.S. District Court in Washington under the Freedom of Information Act, argues that officials have yet to release any documents sought by the Center for more than a year. Federal law generally requires a response within 20 working days.
“The information about Medicare Advantage that we are asking for should be readily available to the taxpaying public. There’s no excuse for ignoring our request,” said Bill Buzenberg, the Center’s Executive Director.
Related: CPI sues HHS Dept. under FOIA
Medicare Advantage, a privately-run alternative to standard Medicare, has enrolled nearly 16 million elderly and disabled persons at an annual cost expected to top $150 billion. The plans have been popular with seniors because they often provide extra benefits, such as eyeglasses and dental care, and can cost patients less than standard Medicare.
But the industry also has been a frequent target of government auditors and other critics who argue that federal officials overpay the plans by billions of dollars every year.
As part of a Center investigation into the billing issue, senior reporter Fred Schulte requested records from the Centers of Medicare and Medicaid Services (CMS), an arm of HHS, in a May 21, 2013, letter. The letter asked for copies of program audits, billing data and the identities of any health plans suspected of overcharging the government. The Center did not request the names of patients. The results of the investigation will be published next month.
Related: Why Medicare Advantage costs taxpayers billions more than it should
On June 7, 2013, Michael Marquis, who directs the CMS Freedom of Information division, acknowledged receiving the request. But since then, the agency has produced no materials. “Plaintiffs have a statutory right to the requested records, and there is no legal basis for Defendant’s failure to make them available,” the lawsuit states.
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Copyright 2014 The Center for Public Integrity. This story was published by The Center for Public Integrity, a nonprofit, nonpartisan investigative news organization in Washington, D.C.
