Report 2013-119 Recommendation 20 Responses

Report 2013-119: California Department of Health Care Services: Its Failure to Properly Administer the Drug Medi-Cal Treatment Program Created Opportunities for Fraud (Release Date: August 2014)

Recommendation #20 To: Health Care Services, Department of

To prevent the certification of ineligible providers, Health Care Services should immediately establish a mechanism to identify the number of program sites the provider applicants' medical directors work at, and ensure that the physician ratio does not exceed 1-to-3 in accordance with state law and the certification standards.

Annual Follow-Up Agency Response From November 2019

The physician ratio requirement in Welfare and Institutions (W&I) Code Section 14043.47 applies to physicians who are doing business as a sole proprietorship, partnership or professional corporation, or meets the definition of a rendering physician provider. To the extent that any DMC medical director qualifies as either a physician doing business as a sole proprietorship, partnership, or professional corporation, or a rendering physician provider as defined in California Code of Regulations (CCR) Section 51000.21, DHCS implemented, in October 2019, a new procedure to ensure compliance with the physician ratio in Section 14043.47. DHCS will deny a physician application that does not meet this requirement.

DHCS has implemented this recommendation to the extent applicable, but it is not applicable to DMC clinics or their medical directors, as recommended by CSA, because the medical directors do not own the clinic(s) as a sole proprietorship, partnership, or professional corporation, and are not rendering physician providers as defined in CCR, Title 22, Section 51000.21.

DHCS maintains our ability to identify medical directors and their specific DMC affiliations through current application and reporting mechanisms. However, WIC Section 14043.47 applies to physician practices that utilize non-physician medical practitioners, such as nurse practitioners and physician assistants, to ensure that these practices comply with statutory supervision requirements. For example, the Business and Professions (B&P) Code Section 2836.1(e) states, "no physician and surgeon shall supervise more than four nurse practitioners at one time." Physician assistants are also limited to four per supervising physician, pursuant to B&P Code Section 3516(b).

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

Health Care Services provided a copy of its new procedures which addresses cases in which medical directors either own the DMC clinic as a sole proprietorship, partnership, or professional corporation, or act within the capacity of a rendering physician provider.


Annual Follow-Up Agency Response From November 2018

The requirement to enroll all medical directors of DMC clinics became effective 8/17/2015. On 11/2/2015, PED solicited a medical director application for all certified DMC providers and any DMC applications pending certification. Of the 926 DMC's solicited, 21 locations were deactivated for failure to comply with the solicitation and an additional 68 were denied, withdrawn, or decertified for other reasons. This will remain an ongoing requirement for any new DMC applicant. DHCS is able to identify the medical director to their specific DMC affiliations through current reporting mechanisms.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

Health Care Services provided a copy of a tracking spreadsheet that shows it has a mechanism for identifying the active Drug Medi-Cal providers and their associated medical directors. However, to the extent the physician ratio in Welfare and Institutions Code section 14043.47 applies to medical directors, DHCS has not taken steps to ensure the physician ratio has not been exceeded.


Annual Follow-Up Agency Response From November 2017

Health Care Services did not provide an updated response to this recommendation.

California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken


Annual Follow-Up Agency Response From October 2016

The requirement to enroll all medical directors of DMC clinics became effective 8/17/2015. On 11/2/2015, PED solicited a medical director application for all certified DMC providers and any DMC applications pending certification. Of the 926 DMC's solicited, 21 locations were deactivated for failure to comply with the solicitation and an additional 68 were denied, withdrawn, or decertified for other reasons. This will remain an ongoing requirement for any new DMC applicant. DHCS is able to identify the medical director to their specific DMC affiliations through current reporting mechanisms.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

Although Health Care Services asserts that it fully implemented this recommendation, it did not provide any documentation to support its assertion.


1-Year Agency Response

Welfare and Institutions Code section 14043.47 applies to providers doing business as sole proprietorships, partnerships, professional corporations under section 14301 of the Corporations Code, or as rendering providers in a group practice that utilizes nonphysician medical staff. Section 14043.47(c), which establishes the prohibition on providers enrolling at more than three business addresses unless there is at least a ratio of one physician supervisor per three locations, applies to the foregoing types of practices. Upon implementation of the automated enrollment system for all PED approved certified DMC providers, DHCS will be able to automatically identify the medical directors and their specific DMC affiliations. To the extent that any DMC medical director falls within the scope of section 14043.37(c), DHCS will take action to enforce the stated physician ratio.

California State Auditor's Assessment of 1-Year Status: Pending

Date of implementation is set for May 2016.


6-Month Agency Response

Welfare and Institutions Code section 14043.47 applies to providers doing business as sole proprietorships, partnerships, professional corporations under section 14301 of the Corporations Code, or as rendering providers in a group practice that utilizes nonphysician medical staff. Section 14043.47(c), which establishes the prohibition on providers enrolling at more than three business addresses unless there is at least a ratio of one physician supervisor per three locations, applies to the foregoing types of practices. Upon implementation of the automated enrollment system for all PED approved certified DMC providers, DHCS will be able to automatically identify the medical directors and their specific DMC affiliations. To the extent that any DMC medical director falls within the scope of section 14043.37(c), DHCS will take action to enforce the stated physician ratio.

California State Auditor's Assessment of 6-Month Status: Pending


60-Day Agency Response

No update.

California State Auditor's Assessment of 60-Day Status: No Action Taken

Based on its response, the department has not yet implemented this recommendation. In addition, it has not provided any information to indicate that it has taken any action on this recommendation.


All Recommendations in 2013-119

Agency responses received are posted verbatim.