Practice Areas

Medicaid Fraud

Medicaid fraud involves false claims submitted to state and federally funded programs that serve millions of Americans. If you have witnessed fraudulent billing, billing for services never performed, or false certifications within a Medicaid program, you may have the basis for a qui tam case. Reach out for a confidential conversation. There is no obligation.

Practice Areas

Medicaid Fraud

Medicaid fraud involves false claims submitted to state and federally funded programs that serve millions of Americans. If you have witnessed fraudulent billing, billing for services never performed, or false certifications within a Medicaid program, you may have the basis for a qui tam case. Reach out for a confidential conversation. There is no obligation.

Home  ›  Practice Areas  › Medicaid Fraud

WHAT IS MEDICAID FRAUD?


Medicaid is a joint federal and state health insurance program that provides coverage for approximately 69 million individuals, including low-income adults, children, pregnant women, elderly adults, and people with disabilities. Because Medicaid is funded in significant part by the federal government, false claims submitted to Medicaid programs are subject to the federal False Claims Act as well as state false claims acts.

Medicaid fraud occurs when healthcare providers submit false or inflated claims to Medicaid for services that were not provided, were not medically necessary, or were otherwise misrepresented. It also includes schemes in which providers falsely certify patient eligibility or manipulate billing records to receive payments they are not entitled to.

Healthcare insiders who have direct, first-hand knowledge of Medicaid fraud may be eligible to file a qui tam lawsuit under the False Claims Act or state false claims acts on behalf of the government and receive a share of any financial recovery.

State Medicaid Fraud Control Units reported combined criminal and civil recoveries of almost $2 billion in fiscal year 2025, returning $4.64 for every dollar spent on enforcement.

Source: HHS Office of Inspector General, MFCU Annual Report FY 2025, March 2026 | oig.hhs.gov

TYPES OF MEDICAID FRAUD THIS PRACTICE HANDLES


Medicaid fraud encompasses a range of schemes. The following are the most common types handled by this practice.

Medicaid Billing Fraud: Billing Medicaid for services that were never rendered, for a quantity of services greater than what was provided, or for services rendered to patients who were not present or eligible on the date of the claim. This is one of the most common forms of Medicaid fraud and is frequently discovered by billing staff, coders, and clinical employees who see the discrepancy between what was provided and what was billed.

Upcoding: Billing Medicaid for a more expensive procedure or service code than was actually provided. Providers who upcode receive a higher reimbursement than they are entitled to, at the expense of the Medicaid program and the federal and state governments that fund it.

Billing for Services Never Performed: Submitting claims to Medicaid for services, treatments, or visits that did not occur. This includes billing for patients who were hospitalized elsewhere on the date of service, billing under the identity of a treating provider who did not perform the service, and submitting claims for treatments documented in falsified medical records.

False Patient Eligibility Certification: Some fraud schemes involve providers falsely certifying that patients meet the eligibility criteria for specific Medicaid-funded services, such as home health, hospice, or behavioral health programs, when those patients do not qualify. Submitting a false certification to obtain Medicaid payment constitutes a false claim under the False Claims Act and state false claims acts.

FEDERAL AND STATE ENFORCEMENT


Medicaid fraud is investigated and prosecuted by both federal and state authorities. At the federal level, the Department of Justice and the HHS Office of Inspector General pursue False Claims Act cases and criminal prosecution. At the state level, each state operates a Medicaid Fraud Control Unit (MFCU) that investigates provider fraud and patient abuse or neglect within its Medicaid program.

In fiscal year 2025, the 53 MFCUs operating across the United States, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands reported 674 civil settlements and judgments, with civil recoveries totaling $706 million and criminal recoveries from convictions totaling $1.3 billion.

A qui tam complaint filed under the False Claims Act may be pursued in parallel with state-level enforcement, and the relator may receive a share of both federal and state recoveries in certain cases.

WHO CAN REPORT MEDICAID FRAUD?


The strongest Medicaid fraud qui tam cases come from healthcare insiders with direct, first-hand knowledge of fraudulent billing practices within a Medicaid-participating provider organization. This includes billing specialists and medical coders, nurses, therapists, and clinical staff, office administrators with access to billing records, compliance officers and executives, and employees of behavioral health, substance abuse treatment, home health, or other Medicaid-funded service providers.

You do not need conclusive proof or a complete set of documents before contacting us. If you have witnessed conduct that you believe constitutes false billing to Medicaid, that is enough to start a confidential conversation. We investigate the claim thoroughly before asking for any commitment.

Legal basis: 31 U.S.C. § 3730(b) (qui tam provisions) | Source: uscode.house.gov

YOUR PROTECTIONS AS A WHISTLEBLOWER


The False Claims Act and state false claims acts prohibit your employer from retaliating against you for reporting Medicaid fraud or participating in a qui tam lawsuit. Prohibited retaliation includes termination, demotion, suspension, harassment, and any other form of discrimination.

When you file a qui tam complaint, it is submitted under seal. Your employer does not receive a copy and is not notified during the investigation period. Attorney-client privilege applies from your first contact with us.

If your employer retaliates against you, you have legal remedies that include reinstatement, two times the amount of back pay owed, interest on that back pay, and compensation for special damages including litigation costs and attorney fees.

WHISTLEBLOWER REWARDS


When a qui tam lawsuit results in a financial recovery, the False Claims Act and state false claims acts entitle the relator to receive a percentage of the total amount recovered. If the government intervenes, the relator may receive between 15% and 25% of the recovery. If the government declines and the relator proceeds independently, the share can rise to between 25% and 30%. We work on a contingency fee basis. There is no upfront cost, and if there is no recovery, you owe us nothing.

Legal basis: 31 U.S.C. § 3730(d)(1) and § 3730(d)(2) | Source: uscode.house.gov

About This Practice


Arvind Bob Khurana has over 27 years of experience in qui tam and False Claims Act litigation, complex commercial litigation, and class action matters. He began his career at a top international defense firm and joined a national class action firm in 2005, becoming partner in 2009, where he worked on qui tam cases, ERISA actions, securities fraud, and antitrust matters. He is admitted to the New York State Bar and represents whistleblowers in federal courts nationwide.

 

We are selective. Before we ask for any commitment, we investigate the claim, explain the facts and the risks, and give you a complete picture of what you are facing. We never ask you to sign a retainer agreement until you have the full picture and have decided, on your own terms, that you want to move forward. You remain in control throughout.
Speak Confidentially with a
Whistleblower Attorney

Arvind Bob Khurana has over 27 years of experience in complex litigation. We work on contingency. There is no upfront cost and no obligation to proceed.

Call Now Button