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23 February 2025

DOJ Launches Investigation Into UnitedHealth Group Billing Practices

Federal scrutiny targets potential upcoding practices within Medicare Advantage amid broader market concerns.

The U.S. Department of Justice (DOJ) is currently investigating UnitedHealth Group, one of the largest healthcare insurers in the nation, for potential illegal activity related to its billing practices under the Medicare Advantage program. This scrutiny follows reports from the Wall Street Journal detailing allegations of upcoding Medicare Advantage claims, raising significant concerns about the company's practices.

The DOJ is reportedly examining whether UnitedHealth Group has been billing the Centers for Medicare & Medicaid Services (CMS) for diagnoses and treatments not actually relevant to the care provided to patients. Such actions, if proven true, could mean the insurer has pocketed billions of extra reimbursement dollars at taxpayers' expense.

This investigation has unfolded within the broader framework of concerns surrounding Medicare Advantage, which covers over 54% of Medicare enrollees as of 2024. According to the Wall Street Journal, sources familiar with the case revealed the DOJ's inquiry has extended to discussions with various healthcare providers about the alleged upcoding.

UnitedHealth Group was quick to respond, categorizing the Wall Street Journal's claims as "misinformation". They argued, "We are not aware of the 'launch' of any 'new' activity as reported by the Journal," and criticized the publication for engaging in what they described as a year-long campaign targeting the Medicare Advantage system. They emphasized their commitment to maintaining the highest operational standards within the industry.

Past investigations uncovered shocking levels of potential fraud within Medicare Advantage, estimating around $50 billion might have been wrongfully claimed between 2019 and 2021, including payments based on numerous questionable diagnoses. Observers point to multiple instances where the system potentially rewarded higher volumes of claims over the patients’ health outcomes.

The DOJ's civil fraud investigation is being conducted alongside support from the Office of Inspector General at the Department of Health and Human Services (HHS). Investors have reacted sharply to this news, with UnitedHealth's shares dropping approximately 12% immediately following the report, signaling deep concern over the potential impacts of the inquiry on the company's profitability.

Healthcare professionals have come forward indicating UnitedHealth has employed practices encouraging distortions of patient diagnoses, used software systems advising on "profit-generative" documentation, which raises troubling questions about the reliability and accuracy of medical billing practices within the company.

During this unsettling period, UnitedHealth has not only faced regulatory scrutiny but has weathered other organizational storms as well. Tim Noel's recent promotion to CEO follows the tragic death of former chief executive Brian Thompson. Meanwhile, the company is also dealing with the fallout from significant data breaches affecting sensitive patient information within another of its companies, Change Healthcare.

On the medical front, doctors claim there was systemic pressure from UnitedHealth to escalate diagnoses to boost profits, raising the ethical stakes at play. One physician involved noted, "UnitedHealth encouraged misleading diagnoses through training and software," which prompts serious discussions around how insurers balance profitability with ethical healthcare delivery.

Analysts are closely watching how UnitedHealth navigates this precarious situation, which not only affects the company but also shines light on the broader healthcare insurance industry's practices. The scrutiny is creating ripples across the health insurance market, impacting the share prices of competitors like Humana and CVS Health, which have also noticed slight declines as uncertainty lingers within the sector.

The investigation could lead to significant ramifications not just for UnitedHealth but could reshape how medical billing and reporting practices are perceived and enforced within Medicare Advantage programs. Understandably, many stakeholders from healthcare providers to investors are awaiting the DOJ's findings intently, as this will set precedents for compliance and accountability.

Despite the challenges presented by this investigation, UnitedHealth maintains it has performed at the industry's highest levels, as stated by company representatives. They are resolutely committed to upholding the integrity of their business practices, hoping to clarify the situation as the investigation progresses.

UnitedHealth Group's experience spotlights the increasingly complex and often contentious intersection between healthcare, regulation, and corporate governance, emphasizing the need for transparency and adherence to ethical medical practices as the sector evolves.

This is not just about one company; it reflects on the standards expected of the healthcare industry broadly. With the DOJ now involved, the stakes could not be higher for UnitedHealth Group and, by extension, the integrity of Medicare Advantage itself.