Lawyers Warn AI Fraud Tools Lack Human Oversight in Hospice Audits

In a two-part investigative series, Hospice News reports that legal experts are raising concerns about insufficient human oversight in AI-driven hospice fraud enforcement. Attorneys Edo Banach (Foley Hoag) and Howard Young (Morgan Lewis) say CMS contractors are using AI tools to select hospices for audit and process rebuttals, sometimes producing responses with apparent AI "hallucinations" that get reversed once humans review them. CMS's proposed CRUSH initiative, along with AI-driven data mining by the FBI, HHS-OIG, and DOJ's National Fraud Detection Center, are scrutinizing billing anomalies like long lengths of stay and high recertification volumes, with recent revocations concentrated in Arizona, California, Nevada and Texas. CMS did not respond to requests for comment on its AI oversight practices.

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