Common Schemes, Real Harm: Examining Fraud in Medicare and Medicaid

Benefits Fraud and Improper PaymentsHouse Energy and Commerce Subcommittee on Oversight and Investigations · February 3, 2026 · 119th Congress
The House Energy and Commerce Subcommittee on Oversight and Investigations held this hearing to examine common fraud schemes in Medicare and Medicaid, including durable medical equipment (DME) scams, skin substitute billing, home and community-based services, and non-emergency medical transportation fraud. Begins at ▶ 0:16:26
Transcript
Highlights

Title

Fraud in Medicare and Medicaid, and Minnesota ICE Operations Dispute

Purpose

The House Energy and Commerce Subcommittee on Oversight and Investigations held this hearing to examine common fraud schemes in Medicare and Medicaid, including durable medical equipment (DME) scams, skin substitute billing, home and community-based services, and non-emergency medical transportation fraud. Witnesses from a fraud-detection firm, a Medicaid managed-care organization, an accountable care organization, a law school anti-corruption program, and the National Association of State Medicaid Fraud Control Units testified on the scale and mechanics of fraud, while Democratic members used much of their time to protest federal immigration enforcement operations in Minnesota tied to Medicaid fraud allegations. Begins at▶ 0:16:26

Who spoke

• Chairman John Joyce (R-PA)▶ 0:16:26: Opened by citing $100 billion in estimated annual Medicare/Medicaid fraud losses▶ 0:17:22 and detailed cases including a $68 million New York adult daycare scheme▶ 0:18:14 and a $1.1 billion skin-substitute fraud scheme▶ 0:18:42; later questioned witnesses on skin substitute reform▶ 0:54:28 and New York's personal care program▶ 0:56:36.

• Ranking Member Kim Clark (D-MA)▶ 0:20:56: Devoted her opening statement to alleging federal agents in Minnesota killed Rene Good and Alex Pretti▶ 0:21:24▶ 0:21:42 and that AG Bondi used committee fraud investigations to pressure Minnesota▶ 0:24:06; later questioned witnesses on whistleblower confidence▶ 1:02:51 and entered documents on Trump/Miller/DHS statements▶ 1:01:25.

• Chairman Brett Guthrie (R-KY), Full Committee Chairman▶ 0:25:02: Described Operation Gold Rush, the largest health care fraud takedown in history, with 324 defendants and $14.6 billion in intended loss▶ 0:26:43; later pressed witnesses that fraud in Minnesota and Los Angeles should not be relabeled as mere "improper payments"▶ 2:02:30.

• Ranking Member Frank Pallone (D-NJ), Full Committee Ranking Member▶ 0:28:34: Argued Republicans invoke fraud to justify Medicaid cuts and DHS deployment to Minneapolis▶ 0:29:00; cited 14 federal prosecutor resignations in protest▶ 0:30:56 and criticized Trump's firing of 17 inspectors general▶ 0:32:23.

• Ms. Jessica Gay, Vice President and Co-Founder, Integrity Advantage▶ 0:34:15: Estimated fraud, waste and abuse at up to $500 billion of the $5.3 trillion health care industry▶ 0:35:38; described applied behavioral analysis, non-emergency transportation, and home/community-based services fraud▶ 0:36:24, and later detailed New York's Consumer Directed Personal Assistance Program case involving a caregiver's mother who lived in Bangladesh▶ 0:57:05.

• Ms. Kaye Lynn Wootton, President, National Association of State Medicaid Fraud Control Units▶ 0:39:23: Explained MFCUs' dual mission of investigating provider fraud and patient abuse/neglect▶ 0:40:29; said MFCU cases have recovered over $12 billion since 1992▶ 0:43:47 and detailed a multistate substance-use-disorder fraud scheme spreading from Nevada to Arizona to Utah▶ 0:42:24.

• Mr. Stephen Nuckolls, CEO, Coastal Carolina Health Care▶ 0:44:32: Said his ACO identified $6.3 million in suspected fraudulent DME claims from six companies in Arizona in 2025▶ 0:47:03; described large profit margins driving skin substitute fraud and praised CMS's January 1 flat-rate reform as likely to "eliminate" it▶ 0:55:15▶ 0:55:39.

• Ms. Jessica Tillipman, GW Law School▶ 0:49:23: Distinguished fraud, improper payments, and administrative error, noting roughly 77% of over $90 billion in improper payments stem from administrative error, not fraud▶ 1:59:38; cited the 2025 fraud takedown's $14 billion in alleged losses and $6.8 billion recovered under the False Claims Act▶ 0:50:47.

• Rep. Ronny Jackson (R-ID)▶ 1:05:17 *(introduced as "Mr. Folger" but chaired as gentleman from Idaho)*: Asked whether certain states or regions are targeted for fraud due to lower audit scrutiny▶ 1:05:40 and how foreign-actor fraud complicates prosecution▶ 1:06:29.

• Rep. Diana DeGette (D-CO)▶ 1:10:37: Asked what share of Medicaid fraud is committed by providers versus beneficiaries, and Wootton said far more is committed by providers▶ 1:11:07; cited a Colorado transportation fraud ring that inflated a $65 charge to $650 and blocked $25 million in fraudulent payments▶ 1:11:37▶ 1:12:07.

• Rep. Diana Harshbarger (R-TN)▶ 1:15:30: Asked whether penalties sufficiently deter repeat Medicaid fraud offenders▶ 1:15:30 and whether physicians can unknowingly participate in fraud schemes▶ 1:18:24.

• Rep. Paul Tonko (D-NY)▶ 1:58:39: Pressed Tillipman on the distinction between improper payments and fraud, eliciting her statement that about 77% of improper payments are administrative error▶ 1:59:38, and argued mislabeling errors as fraud misdirects scarce resources▶ 2:00:07.

• Chairman Brett Guthrie *(second round, as full committee chair)*▶ 2:02:30: Pushed back on distinguishing terminology, calling Minnesota and Los Angeles cases clear fraud involving identity theft and dummy accounts▶ 2:02:56▶ 2:05:32.

• Rep. Frank Pallone *(second round)*▶ 2:08:09: Argued the administration is withholding billions from Minnesota despite state anti-fraud improvements▶ 2:10:24 and asked Tillipman how federal-state partnerships aid fraud fighting▶ 2:11:19.

• Rep. Rick Allen (R-GA)▶ 2:13:02: Asked Nuckolls how fraud affects ACOs' ability to lower costs▶ 2:13:26 and asked Gay whether lowering information barriers and increasing provider screening could prevent fraud▶ 2:15:32.

• Rep. Dan Crenshaw (R-TX)▶ 2:16:54: Asked Gay why Medicare/Medicaid are more fraud-vulnerable than private insurance, citing varying state Medicaid rules as a key factor▶ 2:17:55; asked Wootton for the worst fraud example she's seen▶ 2:20:32.

• Rep. Lizzie Fletcher (D-TX)▶ 2:22:17: Argued Congress has failed to conduct oversight of the executive branch▶ 2:23:07 and asked Tillipman how unimplemented GAO/IG recommendations could be a starting point for reform▶ 2:25:55.

• Rep. Gary Palmer (R-AL)▶ 2:27:50: Cited a GAO estimate of $233–521 billion in annual fraud▶ 2:28:14 and asked Wootton about verifying eligibility and antiquated data systems across agencies▶ 2:29:18▶ 2:31:09.

• Rep. Lori Trahan (D-MA)▶ 2:33:04: Criticized Trump's clemency for Medicare fraudster Lawrence Duran, who stole $87 million▶ 2:33:53, and asked Tillipman what message pardons of fraudsters send to deterrence▶ 2:33:53.

• Rep. Kim Schrier (D-WA)▶ 2:42:24: Argued fraud is being weaponized against Democratic-led states▶ 2:43:11 and pressed Tillipman on Medicare Advantage overpayments tied to unsupported diagnoses▶ 2:45:36.

• Rep. Buddy Carter (R-GA)▶ 2:47:48: Cited a California audit finding 112 hospice providers operating from one address, leading to a likely $105 million in overbilling in one year▶ 2:49:22; discussed his Skin Substitute Access and Reform Act targeting the top 3% of billing providers▶ 2:51:34.

• Rep. Marc Molina (D-CA)▶ 2:53:42: Argued ICE deployment to Minnesota under a fraud pretext is causing harm▶ 2:54:10 and asked Tillipman whether unilaterally freezing billions in assistance is a targeted way to address fraud▶ 2:56:45.

Key moments

• Chairman Guthrie described Operation Gold Rush, DOJ's largest health care fraud takedown, charging 324 defendants across 50 federal districts over $14.6 billion in intended loss, including a scheme using stolen identities of over 1 million Americans to submit $10 billion in fraudulent DME claims▶ 0:26:43▶ 0:27:36.

• Gay testified she has seen secondary payers pay up to $30,000 for a single skin substitute case after Medicare already paid its portion▶ 0:37:11.

• Nuckolls said Medicare supplemental insurers paid roughly $900 million to DME companies involved in Operation Gold Rush and that his ACO identified $6.3 million in suspected fraudulent DME claims in Arizona at triple the national per-beneficiary average▶ 0:46:21▶ 0:47:03.

• Wootton described a multistate substance-use-disorder fraud scheme that began in Nevada, moved to Arizona after providers were excluded by OIG (who then taught others to commit fraud), and resulted in six open cases in Utah▶ 0:42:24▶ 0:43:19.

• Tillipman testified that of over $90 billion in improper payments, about 77% is administrative error rather than intentional fraud, and warned that mislabeling errors as fraud "distorts reality" and misdirects scarce resources▶ 1:59:38▶ 2:00:07.

• Sharp exchange: Guthrie said "splitting hairs" over the word fraud undermines confidence in the system given events in Minnesota and Los Angeles▶ 2:02:30, while Tonko and Democratic members argued the administration is stretching "fraud" to justify DHS deployment and Medicaid cuts▶ 1:59:07.

• Carter cited a California audit finding 112 hospice providers operating out of a single address, contributing to an estimated $105 million in overbilling in LA County in one year▶ 2:49:22; Medicare Part B skin substitute spending rose from about $400 million in 2022 to more than $10 billion in 2024, a roughly 640% increase▶ 2:51:34.

• Trahan noted President Trump granted clemency to Lawrence Duran, who stole $87 million from Medicare, and pardoned a nursing home operator after three months of a three-year sentence▶ 2:33:25▶ 2:33:53.

• DeGette cited a Colorado case where transportation fraud billed $650 for trips that should have cost $65, and a separate scheme blocking $25 million in fraudulent non-emergency transportation payments▶ 1:11:37▶ 1:12:07.

• Palmer cited a GAO estimate placing annual improper payments/fraud between $233 billion and $521 billion, which over a ten-year budget window could total $2.3–5.2 trillion▶ 2:28:14.

Metadata

CommitteeHouse Energy and Commerce Subcommittee on Oversight and Investigations
Chamber / CongressHouse · 119th Congress
DateFebruary 3, 2026
TypeHearing
Witnesses
Ms. Jessica Gay, CPC, AHFI, CFE — Vice President and Co-Founder, Integrity Advantage
Mr. Stephen Nuckolls — Chief Executive Officer, Coastal Carolina Health Care, P.A. and Treasurer and former Board Chair, National Association of Accountable Care Organizations
Ms. Jessica Tillipman, J.D. — Government Contracts Advisory Council Distinguished Professorial Lecturer in Government Contracts Law, Practice & Policy, George Washington University Law School
Ms. Kaye Lynn Wootton, J.D. — President, National Association of State Medicaid Fraud Control Units
Videoyoutube
Transcript288 caption blocks · 21,203 words · 2:59:04 runtime
EventCongress.gov 118917