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Contributor

Ray Haynes

Mr. Haynes is an Assembly member representing Riverside and Temecula. He serves on the Appropriations and Budget Committees. [go to Assembly Member Haynes website at California Assembly][go to Haynes index]

Welfare Fraud Fraud
Legislative oversight fantasies...

[Ray Haynes] 3/31/04

I have been losing my hair since I joined the Legislature. It is not because of age; it is because of frustration. The more I hear about government, the more frustrated I get, and the more hair I lose.

Let me give you an example.

In the last several weeks, the Legislature, for the first time in the 12 years I have been a part of this process, has begun “budget oversight” hearings. This week’s hearing was on the Medi-Cal fraud and investigations unit.

Now—let me make this clear. We are not looking into “beneficiary” fraud, the fraud where someone gets free medical services from the government for which they don’t qualify. In some cases, the state doesn’t even check to see if you are poor before they pay for your doctor. And—if you crossed our borders illegally—well heck, we just pay for everything.

But, the legislature doesn’t want to look at that kind of fraud. It only wants to investigate “provider” fraud—when a doctor bills for services he or she doesn’t perform. Or, when someone who is not a doctor tries to bill the state for medical services. The fraud unit has 395 budgeted positions, at a cost of about $10 million per year to stop this kind of fraud, and the Legislature finally decided to look and see if this unit was doing its job.

This unit claims that it saved us $371 million last year for all the bad guys it caught, and that $316 million worth of fraud will be avoided this year, just because they are on the job catching the crooks. Except that a recent audit found that these estimates are “unreliable and may overestimate savings.” It turns out that their “savings” are calculated by counting all of the billings of any one they catch as savings. What that means is—if you billed $5 million last year, and they catch you cheating on $10,000 in billing, they count the entire $5 million as savings, even if the other $4,990,000 was legitimate. As for the “cost avoidance,” that estimate is just plain blue sky.

The state has expanded this division 240% in the last 3 years, but only collected back about $3 million from those who ripped off the state. Nobody knows if this “anti-fraud” program is working at all, yet the department has come in asking for 61 new positions next year. And they did it with a straight face, saying they are fighting fraud. Well—maybe they are and maybe they’re not—no one knows for sure, and the State Auditor has a lot of questions concerning their performance.

What is frustrating is that I asked these same questions 3 years ago (the same ones that the State Auditor just asked), when the Legislature started expanding the program, and I was told not to worry my pretty little head about it, they knew what they were doing.

Except they didn’t. Now we are trying to concentrate on stopping welfare fraud, and the same people who were in charge of screwing up the program in the first place are in charge of fixing it.

Lots of people at Enron went to jail for fraud for selling less blue sky than these bureaucrats. How can we expect to stop fraud when the people we are hiring to catch the perpetrators are themselves engaging in a massive fraud to get your tax dollars, and the majority Democrats didn’t care (until this year) whether these bureaucrats were doing their job or not.

I regret that I have only one head of hair to give for this state. At this rate, it isn’t going to be enough. CRO

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