Department of Health and Human Services 

OFFICE OF 

INSPECTOR GENERAL 

MEDICARE ALLOWANCES FOR 

INCONTINENCE SUPPLIES 
Department of Health and Human Services 

OFFICE OF 

INSPECTOR GENERAL 

MEDICARE ALLOWANCES FOR 

INCONTINENCE SUPPLIES 
OFFICE OF INSPECTOR GENERAL 

The mission of the Office of Inspector General (OIG), as mandated by Public Law 95-

452, is to protect the integrity of the Department of Health and Human Services 

programs as well as the health and welfare of beneficiaries served by them. This 

statuto~ mission is carried out through a nationwide program of audits, investigations, 

inspections, sanctions, and fraud alerts. The Inspector General informs the Secretary 

of program and management problems and recommends legislative, regulatory, and 

operational approaches to correct them. 

Office of Evaluation and Inspections 

The Office of Evaluation and Inspections (OEI) is one of several components of the 

Office of Inspector General. It conducts short-term management and program 

evaluations (called inspections) that focus on issues of concern to the Department, the 

Congress, and the public. The inspection reports provide findings and 

recommendations on the efficiency, vulnerability, and effectiveness of departmental 

programs. 

OEI’S Philadelphia Regional Office prepared this report under the direction of Robert 

A. Vito, Regional Inspector General. Principal OEI staff included: 

REGION HEADQUARTERS 

Nancy J. Molyneaux, Project Leader	 Lisa A. Foley, Program Specialist 

Brian Ritchie, TSS 

To obtain a copy of this report, call the Philadelphia Regional Office at 1-800-531-

9562. 
Department of Health and Human Services�

OFFICE OF 

INSPECTOR GENERAL 

MEDICARE ALLOWANCES FOR 

INCONTINENCE SUPPLIES 

JUNE GIBBS BROWN 

Inspector General 

APRIL 1997 

0EI-03-94-O0773 
EXECUTIVE SUMMARY 

PURPOSE 

This report identifies trends in questionable billing practices for incontinence supplies 

under Medicare Part B in 1995. 

BACKGROUND 

Incontinence is the inability of the body to control urinary and bowel functions. Under 

the Medicare Part B program, the Health Care Financing Administration (HCFA) will 

reimburse suppliers that provide incontinence supplies to aid individuals whose 

incontinence condition “...is of long and indefinite duration.” Such reimbursement is 

provided only as part of Medicare’s coverage for prosthetic devices such as catheters 

and external urinary collection devices. The HCFA will also reimburse for accessories 

such as irrigation syringes and sterile saline solutions that aid in the effective and 

therapeutic use of these devices. 

We determined trends in Medicare allowances for incontinence supplies in calendar 

years 1994 and 1995 from a 1 percent sample of beneficiaries from HCFAS National 

Claims History file. We focused on questionable practices concerning two facets of 

billing: 1) accessories that can only be billed with prosthetic devices and 2) frequency 

parameters for female external urinary collection devices. In December 1994, the 

Office of Inspector General (OIG) issued a report which identified over $100 million 

in questionable allowances for incontinence supplies. 

Since our initial study began, there have been aggressive efforts by HCFA, Durable 

Medical Equipment Regional Carriers (DMERCS), and the OIG to prevent 

questionable allowances for incontinence supplies. For example, both DMERCS and 

the OIG have issued fraud alerts concerning inappropriate billings for incontinence 

supplies. In October 1994, the DMERCS issued a draft policy clarifying coverage and 

frequency parameters for incontinence supplies. The final version was issued in 

October 1995. 

FINDINGS 

Abusive billingsfor incontinencesupplieshave allbut disappeared. 

Questionable billings for supplies have declined by over 75 percent since 1994. 

Medicare allowances for supplies related to questionable billings decreased from $111 

million in 1994 to only $26 million in 1995. 

Allowances for supplies billed without prosthetic devices totaled $80 million in 1994. 

In 1995, this type of questionable billing for supplies dropped to less than $22 million, 

i 
a decrease of 73 percent. In the last quarter of 1995, following the DMERCS’ 

implementation of their new guidelines, such billings dropped to $1.7 million. 

In 1994, billings for excessive female external urinary collection devices (EUCDS) 

reached a high of $31 million. In 1995, this figure dropped to $3.8 million, a decrease 

of 88 percent. In the last quarter of 1995, no such billings occurred. 

Total Medicare allowances for incontinence supplies have declined for the first time 

since 1991. Allowances decreased by over 40 percent from $260 million in 1994 to 

$150 million in 1995. 

Approximately$49 millionhus been recoveredthroughseizuresand restitutionsfrom 

abusiveincontinencesuppliers. 

As part of an initiative to investigate fraud in incontinence billing, the Office of 

Investigations, along with other law enforcement agencies, has developed eight cases 

against incontinence suppliers and has recovered approximately $49 million. 

CONCLUSION 

Concerted efforts by HCF~ OIG, and other law enforcement agencies, in the form of 

changes in payment and coverage policy, fraud alerts, reports, and prosecutions, have 

contributed to the declines in Medicare allowances documented in this report. The 

new policy has made billing for questionable supplies more difficult. The fraud alerts 

and reports concerning incontinence supplies have made DMERCS and others 

concerned with claims processing aware of questionable billing practices. Along with 

published documents, prosecutions of and payment of restitutions by incontinence 

suppliers has sent a message that fraudulent billing for incontinence supplies will not 

be tolerated. 

Based on our analysis, we estimate that declines in questionable billings saved the 

Medicare program $85 million in 1995. Assuming questionable billing levels will 

remain at the 1995 fourth quarter level ($1.7 million), total questionable allowances in 

1996 will be approximately $6.8 million, resulting in savings of $104 million over 1994 

levels. If this trend continues, we estimate that Medicare will save $542 million 

between 1996 and 2000. 

We will refer information on suppliers who continue to submit questionable claims for 

supplies without prosthetic devices to the appropriate agencies. Continued vigilance in 

this area will make questionable allowances for incontinence supplies even lower in 

the future. 

ii 
a decrease of 73 percent. In the last quarter of 1995, following the DMERCS’ 

implementation of their new guidelines, such billings dropped to $1.7 million. 

In 1994, billings for excessive female external urinary collection devices (EUCDS) 

reached a high of $31 million. In 1995, this figure dropped to $3.8 million, a decrease 

of 88 percent. In the last quarter of 1995, no such billings occurred. 

Total Medicare allowances for incontinence supplies have declined for the first time 

since 1991. Allowances decreased by over 40 percent from $260 million in 1994 to 

$150 million in 1995. 

Approximately$49 millionhas been recoveredthroughseizuresand restituths from 

abw”ve incontinencesuppliem 

As part of an initiative to investigate fraud in incontinence billing, the Office of 

Investigations, along with other law enforcement agencies, has developed eight cases 

against incontinence suppliers and has recovered approximately $49 million. 

CONCLUSION 

Concerted efforts by HCF~ OIG, and other law enforcement agencies, in the form of


changes in payment and coverage policy, fraud alerts, reports, and prosecutions, have


contributed to the declines in Medicare allowances documented in this report. The


new policy has made billing for questionable supplies more difficult. The fraud alerts


and reports concerning incontinence supplies have made DMERCS and others


concerned with claims processing aware of questionable billing practices. Along with


published documents, prosecutions of and payment of restitutions by incontinence


suppliers has sent a message that fraudulent billing for incontinence supplies will not


be tolerated.


Based on our analysis, we estimate that declines in questionable billings saved the


Medicare program $85 million in 1995. Assuming questionable billing levels will


remain at the 1995 fourth quarter level ($1.7 million), total questionable allowances in


1996 will be approximately $6.8 million, resulting in savings of $104 million over 1994


levels. If this trend continues, we estimate that Medicare will save $542 million


between 1996 and 2000.


We will refer information on suppliers who continue to submit questionable claims for


supplies without prosthetic devices to the appropriate investigative agencies.


Continued vigilance in this area will make questionable allowances for incontinence


supplies even lower in the future.


11

TABLE OF CONTENTS 

PAGE


EXECUTIVE SUMMARY


INTRODUCI’ION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..1


FINDINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...5


� Declines unquestionable Billings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...5


� OIGProsecutions and Recoveries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...6


CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7


APPENDIX A


kAllowed Amounts and Confidence Intervals . . . . . . . . . . . . . . . . . . . . . . . . .A-l 
INTRODUCTION 

PURPOSE 

This report identifies trends in questionable billing practices for incontinence supplies 

under Medicare Part B in 1995. 

BACKGROUND 

MixlicareCoverageof IiacontinenceSupplies 

Incontinence is the inability of the body to control urinary and bowel functions. 

Reimbursement for incontinence supplies is included as part of Medicare’s coverage 

for prosthetic devices. According to Medicare Carriers Manual section 2130, 

“prosthetic devices (other than dental) which replace all or part of an internal body 

organ (including contiguous tissue), or replace all or part of the function of a 

permanently inoperative or malfunctioning internal body organ are covered when 

furnished on a physician’s order.” 

Under the Medicare Part B program, the Health Care Financing Administration 

(HCFA) will reimburse suppliers that provide incontinence supplies to aid individuals 

whose incontinence condition “...is of long and indefinite duration.” Certain items, 

such as absorbent undergarments or diapers, are specifically excluded from coverage. 

Incontinence supplies include prosthetic devices such as catheters and external urinary 

collection devices such as pouches or cups. Catheters are flexible, tubular instruments 

used to control urinary flow. The HCFA will also reimburse accessories that aid in 

the effective and therapeutic use of these devices. These accessories include items 

such as drainage bags, irrigation syringes, and lubricants. However, accessories are not 

covered in the absence of a prosthetic device. 

Between 1991 and 1994, Medicare allowances for incontinence supplies rose sharply 

from $108 million to $260 million. In 1993, nearly one-half ($ 107 million) of the total 

allowances for incontinence supplies was related to questionable billings. These 

billings represented claims for supplies billed without prosthetic devices and excessive 

utilization of certain prosthetic devices. 

Cam-erhocessing of IncontinenceSupplyClizirns 

Beginning in October 1993, four Durable Medical Equipment Regional Carriers 

(DMERCS) have been responsible for processing claims for durable medical 

equipment, prosthetics, orthotics, and supplies. To ensure consistency in medical 

review policies, all DMERCS issue identical coverage and reimbursement policies that 

implement Medicare guidelines. The DMERCS issued a single national policy for 
urological supplies in October 1995. This policy redefines and clarifies some of the 

definitions used in claims for incontinence and urological supplies. The policy stresses 

the non-coverage of diapers and similar absorptive pads. The policy also reinforces 

the condition of “permanence” for coverage purposes and stresses that accessories not 

used in conjunction with covered catheters or external urinary collection devices are 

not covered. The policy also highlights frequency parameters for certain items. 

Supplies such as skin barriers are not considered necessary for the effective use of a 

prosthetic device and are not covered. The data presented in this report reflect trends 

in 1995 incontinence allowances in the three quarters before and in one quarter after 

this policy was implemented. 

FraudAlen3 

A Medicare Fraud Alert issued by the Office of Inspector General (OIG) in


December 1994 described a scheme to market a new disposable drainage bag which


needs to be changed daily and bill under the code for a standard drainage bag which is


changed 2 to 4 times per month or under the code for a drainage bottle which is


changed once every 6 months. The alert pointed out that daily reimbursement under


the drainage bottle code would result in allowances of nearly $4,000 over 6 months.


One DMERC issued a Medicare Fraud Alert in August 1995 describing how suppliers


were billing for female external urinary collection devices but providing beneficiaries


with adult diapers which are not covered under Medicare. The alert also points out


that none of the beneficiaries had permanent incontinence, a requirement for


Medicare coverage of incontinence care.


l%or Ojjice of Impector GeneralWork 

The 1994 report Questionable Medicare Payments for Incontinence Supplies (OEI-03-94-

00772) identified over $100 million in questionable allowances in 1993 and is one of a 

series of reports concerning Medicare payments for incontinence supplies. Marketing 

of Incontinence Supplies (OEI-03-94-O0770) described supplier and nursing home 

practices that can lead to questionable allowances and examined issues concerning 

Medicare beneficiaries’ use of incontinence supplies. Medicaid Payments for 

Incontinence Supplies (OEI-03-94-00771) examined how the Medicaid program 

processes claims for incontinence supplies in 14 States. 

In addition, the OIG had undertaken a nationwide investigation of companies abusing 

Medicare’s incontinence benefit. Since these studies and investigations were initiated, 

there have been efforts by DMERCS and the OIG to prevent questionable allowances 

for incontinence supplies. For example, both DMERCS and the OIG have issued 

fraud alerts concerning inappropriate billing for incontinence supplies. In October 

1995, the DMERCS implemented a new policy clarifying coverage and frequency 

limitations for incontinence supplies. Considering the level of activity concerning 

incontinence supplies occurring in 1995 and given that this was the most recent year 

2

for which complete data was available, the OIG determined that this was the most 

appropriate time frame for a follow-up to its 1994 report. 

METHODOLOGY 

To determine trends in allowances for incontinence supplies, we selected a 1 percent 

sample of claims for 51 incontinence codes from HCFA’S National Claims History file 

for calendar year 1995. We compared this data with the 1993 data obtained for our 

1994 report Questionable Payments for Incontinence Supplies and with 1994 data. Our 

data includes the eight incontinence codes added after our 1994 report was issued. 

Earlier OIG work identified two types of questionable billing: 1) supplies being billed 

without prosthetic devices, and 2) female external urinary collection devices billed in 

excess of one per day. To determine the nature and extent of questionable billing 

practices, we applied October 1995 DMERC guidelines to the services billed in 1995. 

To identify trends in supplies billed without prosthetic devices in 1995, we categorized 

68 codes as either supplies or prosthetic devices. Because 11 of the 26 incontinence 

supply codes could also be used in ostomy care, we added 17 ostomy prosthetic device 

codes to our original 51 codes. This prevented ostomy supplies billed with ostomy 

prosthetic devices from erroneously appearing in our totals for supplies billed without 

devices. We identified supplies billed without devices in a 1 percent sample of 

HCFA’S National Claims History File. We compared our 1995 data with data 

obtained through a similar process for 1994 and 1993 claims. 

We did not include services billed under code A4323, “sterile saline solution,” when 

they were not billed in conjunction with incontinence supplies. According to DMERC 

officials, code A4323 may be used in conjunction with non-incontinence supplies such 

as enteral nutrition products. 

To determine trends in the over-utilization of female external urinary collection 

devices in 1995, we identified all claims for these devices in excess of one per day in a 

1 percent sample of HCFA’S National Claims History file. Again, our 1995 data was 

compared with allowances for excess female urinary collection devices in 1994 and 

1993. 

We arrayed the data by procedure code, carrier, supplier, and quarter billed. 

Although the guidelines were implemented after the dates of most of the billings 

examined in our study, they provide a useful standard to identify vulnerabilities in the 

earlier billings which may still be present. 

1 Allowed payments include both the 80 percent Medicare payment and the 20 

percent coinsurance paid by the beneficiary. 

3 
We projected our estimates to the universe of incontinence claims by multiplying 

sample results by 100. Confidence intervals are presented in Appendix A. 

This report continues our earlier work concerning Medicare allowances for 

incontinence supplies. 

This inspection was conducted in accordance with the Quality Standards for Inspections 

issued by the President’s Council on Integrity and Efficiency. 

4

FINDINGS


ABUSIVE BILLINGS FOR INCONTINENCE SUPPLIES HAVE ALL BUT 

DISAPPEARED. 

Total Medicare allowances for incontinence supplies have declined for the first time 

since 1991. Allowances decreased by over 40 percent from $260 million in 1994 to 

$150 million in 1995. Questionable billing for supplies has declined by over 

three quarters since 1994. Medicare allowed nearly $26 million in 1995 for supplies 

related to the two types of questionable billing we examined, a drop of 77 percent 

from $111 million in 1994. Allowances for supplies billed without prosthetic devices 

were $80 million in 1994. In 1995, this type of questionable billing for supplies 

dropped to $22 million, a decrease of 73 percent. In 1994, billing for excessive 

EUCDS reached a high of $31 million. In 1995 this figure dropped to $3.8 million, a 

decrease of 88 percent. 

Allowancmfor accessoriesbilledwithoutprostheticdevicesdeclinedsiW#icant~. 

In order for Medicare to pay for incontinence accessories, the beneficiary must have a 

prosthetic device such as a catheter or a urinary collection device. Allowances for 

accessories without prosthetic devices have declined considerably. The $22 million in 

questionable billings for supplies represents only 15 percent of the total $150 million 

allowed for incontinence supplies in 1995. In 1994, questionable billings made up 43 

percent of allowances for incontinence supplies. 

Two DMERCS accounted for over two-thirds of the allowances for incontinence 

supplies billed without prosthetic devices. This represents over $14 million of the $22 

million in questionable billings in all of 1995. 

Nearly 70 percent of all allowances for supplies without prosthetic devices were made 

to just 10 suppliers. These suppliers represent less than 3 percent of all suppliers with 

questionable billings in 1995. 

In 1995, nearly 92 percent of the $22 million in allowances ($20 million) were made 

prior to the implementation of HCFAS new policy on October 1, 1995. This policy 

clearly delineated that Medicare would not reimburse claims for incontinence supplies 

billed without prosthetic devices. After the policy was implemented, allowances 

dropped from $12 million in the first quarter of 1995 to $1.7 million in the fourth 

quarter, a decline of 85 percent. This indicates savings to Medicare of $58 million 

from 1994 allowances for supplies without devices. 

Two DMERCS accounted for three-quarters of the allowances for incontinence 

supplies billed without prosthetic devices in the fourth quarter of 1995. This 

represents over $1.3 million of the $1.7 million in questionable billings in the fourth 

quarter. More than half of all allowances for supplies without prosthetic devices in 

J 
the fourth quarter of 1995 were made to just three suppliers. These suppliers 

represent less than 3 percent of all suppliers with questionable billings in the fourth 

quarter. 

Billingsfor excessiveEUCDS huve been eliminated. 

According to DMERC guidelines, female EUCDS may not be billed in excess of one 

per day. We identified $3.8 million in 1995 allowances for female EUCDS in excess of 

one per day. This represents 78 percent of the total allowed for EUCDS. However, 

after HCFA implemented its new policy in the fourth quarter of 1995, there were no 

allowances for EUCDS in excess of one per day. This means that the problem has, for 

all practical purposes been eliminated, saving Medicare over $27 million from 1994 

levels. 

One DMERC processed nearly half the claims for EUCDS in excess of one per day in 

1995. This DMERC was responsible for $1.6 million of the total $3.8 allowed for 

excessive EUCDS. 

Fifty-seven percent of all allowances for excessive EUCDS were made to just three 

suppliers. All of the allowances for excessive EUCDS made to these suppliers were 

made by one DMERC. 

APPROXIMATELY $49 MILLION HAS BEEN RECOVERED THROUGH 

SEIZURES AND RESTITUTIONS FROM ABUSIVE INCONTINENCE 

SUPPLIERS. 

As part of OIG efforts to reduce questionable allowances for incontinence and 

prosecute suppliers involved in such billings, the Office of Investigations (01) launched 

a national investigation known as Incontinent Care Case Project. Under this initiative, 

01, along with other law enforcement agencies, has developed eight cases against 

incontinence suppliers. These cases involved approximately $61 million in fraudulent 

Medicare claims. The 01 has recovered approximately $49 million through seizures 

and restitutions. In most of the cases, suppliers were billing for female external 

urinary collection devices but providing beneficiaries with diapers, which are not 

covered under Medicare. 

Thus far, these 8 cases have resulted in 12 prosecutions. In one case, five fraudulent 

suppliers were prosecuted and sentenced for schemes involving submitting claims to 

carriers with the highest reimbursement and billing for items not supplied. A second 

case resulted in the prosecution of a supplier for the same kind of schemes. In 

another case, five people pled guilty to Medicare fraud. In one case, a supplier was 

sentenced to 5 years in prison for money laundering, witness tampering, mail fraud, 

and interstate transportation of property obtained by fraud. As a result of one case a 

supplier has been arrested. Other cases involved searches and seizures of property. 

6

CONCLUSION 

Concerted efforts by HCFA, OIG, and other law enforcement agencies, in the form of 

changes in payment and coverage policy, fraud alerts, reports, and prosecutions, have 

contributed to the declines in Medicare allowances documented in this report. The 

new policy has made billing for questionable supplies more difficult. The fraud alerts 

and reports concerning incontinence supplies have made DMERCS and others 

concerned with claims processing aware of questionable billing practices. Along with 

published documents, prosecutions of and payment of restitutions by incontinence 

suppliers has sent a message that fraudulent billing for incontinence supplies will not 

be tolerated. 

Based on our analysis, we estimate that declines in questionable billings saved the 

Medicare program $85 million in 1995. Assuming questionable billing levels will 

remain at the 1995 fourth quarter level ($1.7 million), total questionable allowances in 

1996 will be approximately $6.8 million, resulting in savings of $104 million over 1994 

levels. If this trend continues, we estimate that Medicare-will save $542 million 

between 1996 and 2000. 

We will refer information on suppliers who continue to submit questionable claims to 

the appropriate agencies. Continued vigilance in this area will make questionable 

allowances for incontinence supplies even lower in the future. 
OFFICE OF INSPECTOR GENERAL 

The mission of the Office of Inspector General (OIG), as mandated by Public Law 95-

452, is to protect the integrity of the Department of Health and Human Services 

programs as well as the health and welfare of beneficiaries served by them. This 

statutory mission is carried out through a nationwide program of audits, investigations, 

inspections, sanctions, and fraud alerts. The Inspector General informs the Secretary 

of program and management problems and recommends legislative, regulatory, and 

operational approaches to correct them. 

Office of Evaluation and Inspections 

The Office of Evaluation and Inspections (OEI) is one of several components of the 

Office of Inspector General. It conducts short-term management and program 

evaluations (called inspections) that focus on issues of concern to the Department, the 

Congress, and the public. The inspection reports provide findings and 

recommendations on the efficiency, vulnerability, and effectiveness of departmental 

programs. 

OEI’S Philadelphia Regional Office prepared this report under the direction of Robert 

A. Vito, Regional Inspector General. Principal OEI staff included: 

REGION HEADQUARTERS 

Nancy J. Molyneaux, Project Leader	 Lisa A. Foley, Program Specialist 

Brian Ritchie, TSS 

To obtain a copy of this report, call the Philadelphia Regional Office at 1-800-531-

9562.