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TESTIMONY

OF

BRYAN B. MITCHELL

ACTING DEPUTY INSPECTOR GENERAL

DEPARTMENT OF HEALTH AND HUMAN SERVICES

BEFORE THE

SUBCOMMITTEE ON ENERGY, NUCLEAR
PROLIFERATION AND GOVERNMENT PROCESSESS

COMMITTEE ON GOVERNMENTAL AFFAIRS

ON

COLLECTIONS UNDER THE NATIONAL HEALTH SERVICE

CORPS SCHOLARSHIP PROGRAM

APRIL 12, 1984

Good morning, I am Bryan Mitchell, Deputy Inspector General,

Department of Health and Human Services.

I am pleased to appear

before you today to discuss some preliminary findings of our

puter assisted analysis of the National Health Service Corps (NHSC) scholarships delinquencies.

This is not our first appearance before you on an issue

relating to debt collection.

As you know, we have worked very

closely in the past with your staff on various aspects of the

debt collection problem associated with federal programs, and will continue to do so in the future. Your leadership in this

area has been extremely instrumental in introducing legislation and initiatives which have helped to reduce delinquencies,

increase collections and lessen the interest burden for federal

financing

We had already begun a review of this program as part of our

on-going PHS loan-scholarship review activities.

However, at

you request, we undertook several computer assisted matches to determine and identify which of the defaulting doctors and

dentists are receiving Medicare and Medicaid payments.

The NHSC, initially authorized in 1970, was designed to meet the health care needs of persons usually located in rural areas where there was a serious shortage of primary health care professionals. By training physicians and dentists and placing

them in areas of health manpower shortages, the objectives of this program can be met. The scholarships offered the

professional formal education in exchange for their commitment

to service an area of need for a minimum of two years.

Persons

awarded such scholarships and who fail to perform their tour of duty, are given up to three years to repay their scholarships,

plus penalties or otherwise, become delinquent.

According to figures provided our auditing staff by the

Public Health Service (PHS) on the NHSC program, 1,813 scholars

have breached their scholarship agreements, as of December,

1983.

of this number, 426 have made no payment on their debt.

254 of these delinquents are health care providers, doctors and

dentists, who are in a position to claim Medicare/Medicaid

service reimbursement.

Our work, to date, has primarily focused on identifying defaulters who were receiving Medicare and Medicaid

reimbursement.

In the National Health Service Corps Scholarship program, we

compared the list of defaulting scholars based on a last known

address, as provided by PHS, against the State Medicaid

providers listings in 45 states and the Medicare carriers

providers listings.

We also matched the same information

against a listing of all Departmentally employed persons.

Our review provided some interesting preliminary findings.

None of the defaulting students are employeed by PHS or the

Department, a marked improvement compared to findings two years

ago with respect to the HPSL and NSL programs.

However, of the

254 unaudited health providers we have identified, tentatively, 63 defaulters are recipients of approximately $2.8 million in

Medicare or Medicaid reimbursements.

Their present indebtedness

however, amounts to $1.9 million.

It should be noted that the

$2.8 million in payments identified by us could be substantially higher since many doctors receiving Medicare and Medicaid payments are associated with group practices. In these cases Medicare and Medicaid records do not identify specific payments

made to individual doctors.

I must stress that these are very preliminary findings, but if verified, it shows again that physicians with high incomes

have not been attentive in paying off their debts.

For example,

a physician who failed to fulfill his scholarship obligation

received $102,000 in Medicaid payments.

He broke his

scholarship contract in January, 1981.

At present, he is not

making payments and still owes PHS $50,000 in principal.

I have

attached for your information, a list of the ten defaulter who

are highest receipents of Medicare and Medicaid payments.

In undertaking this match, we have also uncovered a few

cases where the health care provider was also in default on HEAL

loan in addition to his scholarship indebteness.

For instance,

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a doctor who had received 15,500 from the HEAL program in 1979,

was found to owe the NHSC scholarship program $81,273 in

principal.

The debtor breeched his NHSC agreement.

He has also

defaulted on his HEAL loan.

On January 3, 1984, PHS paid off

He is

the HEAL loan plus interest, an amount totalling $25,415. still in default of his NHSC scholarship.

We also made a limited review of 21 of the 266 doctors and

dentists who PHS reports are presently making payments in lieu

of fulfilling their scholarship requirements.

These persons are

not delinquent. However, the preliminary review indicates that:

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For example, we have found a case of a doctor in Texas who

used his resources to acquire assets and significantly increased

his net worth before liquidating his debt.

While payments have

been made since October 1981, they did not start until three

years after contract breach. The debt at that time was approximately $35,000. The amount currently due is $42,871

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