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Medicare Part B billing oversight for nursing-home patients (HHS OIG audit of Novitas Solutions)

Medicare paid an estimated $19.5M for care that failed review

Summary

A federal audit of Novitas Solutions, the Medicare contractor for a seven-state region including Texas and Colorado, found that 91 of 150 sampled nursing-home claims for evaluation, psychotherapy, and podiatry services didn't meet Medicare's own billing rules. It estimates Novitas improperly paid $19.5 million for those services in a single year -- while every sampled wound-care claim held up.

By Frontinus · July 15, 2026

Medicare pays for a nursing-home resident's doctor visits, therapy sessions, and podiatry care separately from the nursing home's own bill -- each provider submits its own claim to a regional Medicare Administrative Contractor (MAC). A July 2026 HHS Office of Inspector General audit tested whether Novitas Solutions, the MAC responsible for Arkansas, Colorado, Louisiana, Mississippi, New Mexico, Oklahoma, and Texas, was paying those claims correctly. It sampled 150 patient-months of evaluation-and-management, psychotherapy, podiatry, and wound-care billing from a pool of 292,794 patient-months worth $53.7 million. Ninety-one of the 150 -- three in five -- didn't meet Medicare's own requirements. Projected across the full pool, estimates Novitas improperly paid approximately $19.5 million for these services in a single year.

One service type came back completely clean

built a stratified sample -- 60 evaluation-and-management (E/M) claims, 60 psychotherapy claims, and 30 combined podiatry/wound-care claims -- and sent each to an independent medical reviewer with the underlying nursing-home records: physician orders, care plans, nurse notes, medication logs. Podiatry failed most often, 14 of 18 sampled items (78%), almost all for missing the physician's order Medicare requires before billing a nail-debridement visit. E/M nursing-facility visits failed 42 of 60 times (70%), largely daily visits the reviewer found weren't medically justified by the patient's condition. Psychotherapy failed 35 of 60 times (58%). Wound care was the exception: all 15 sampled wound-care claims held up under review.

Estimated improper payments
$19.5M
90% confidence interval: $16.45M to $22.51M, extrapolated from a 150-claim stratified sample
Sampled claims that failed review
61%
91 of 150 patient-months sampled did not meet Medicare's own billing requirements
Share of Novitas's own payments this represents
36%
The $19.5M estimate is more than a third of the $53.7M Novitas paid for these four service types to nursing-home patients in its jurisdiction that year
Three of four service types failed most reviews
Share of sampled patient-months that did not meet Medicare requirements, by service type
Podiatry
77.8%
E/M (nursing-facility visits)
70%
Psychotherapy
58.3%
Wound care
0%
Source: HHS Office of Inspector General, audit A-06-21-04002, July 2026
View data as table
Podiatry: 14 of 18 sampled items failed (77.8%). E/M nursing-facility visits: 42 of 60 (70%). Psychotherapy: 35 of 60 (58.3%). Wound care: 0 of 15 (0%) -- the only service type where every sampled claim held up.
Podiatry77.8%
E/M (nursing-facility visits)70%
Psychotherapy58.3%
Wound care0%

The single biggest reason: care that wasn't medically necessary

Across the 91 failed claims, reviewers cited four kinds of problems (some claims had more than one). The largest, by far: 49 items were billed for care the documentation didn't show was reasonable or medically necessary -- frequent E/M visits to patients whose records showed no acute issue, order change, or follow-up need, and psychotherapy sessions without documented progress toward any treatment goal. Another 31 items were missing documentation altogether or didn't have enough of it to support the bill. Thirteen were coded at a higher, more expensive level of service than the documented visit supported. And nine were billed to Medicare Part B for care that should have gone through a different benefit entirely -- six of them E/M visits for patients who had already elected hospice, where the hospice program, not Part B, is supposed to cover care tied to the terminal diagnosis.

Why claims failed
Reasons the independent medical reviewer cited across the 91 noncompliant sample items (some items had more than one reason)
Not reasonable or medically necessary
49
Insufficiently documented / no documentation
31
Incorrectly coded
13
Not separately payable under Part B
9
Source: HHS Office of Inspector General, audit A-06-21-04002, July 2026
View data as table
These reason-counts sum to 102, not 91, because 11 sample items had more than one type of noncompliance (for example, a claim that was both insufficiently documented and incorrectly coded).
Not reasonable or medically necessary49
Insufficiently documented / no documentation31
Incorrectly coded13
Not separately payable under Part B9

A seven-state slice of a $187 million national problem

picked Novitas because it was one of the three Medicare contractors nationwide that paid the most for these four service types -- part of a national pool of comparable claims that totaled $187 million when started the audit. Within just Novitas's own jurisdiction, the $19.5 million estimate -- with a 90% confidence range of $16.45 million to $22.51 million -- comes to more than a third, 36%, of everything Novitas paid for these services to nursing-home patients that year. Novitas told it already runs monthly data-driven reviews and educates providers on billing rules, but that for psychotherapy claims specifically, it can only pursue the most egregious providers because of resource constraints -- and that nursing homes have long been a known risk area for exactly this kind of billing error.

Two recommendations, both accepted

recommended Novitas add oversight -- more medical reviews, documentation checks, provider audits -- to catch these errors before payment, and deliver annual, targeted education to providers on the Medicare rules for these services. Novitas concurred with both recommendations, and 's report notes that Novitas separately told auditors its error rates have been improving as it identifies billing patterns and focuses education efforts. The $19.5 million estimate covers what 's sample found for one audit year; the recommendations are aimed at preventing the same pattern going forward, not at recovering the specific dollars already paid.

  • estimates Novitas improperly paid $19.5 million (90% CI: $16.45M-$22.51M) for nursing-home E/M, psychotherapy, and podiatry claims in Jurisdiction H during the audit year -- 36% of everything it paid for those services.
  • Podiatry failed review most often (78% of sampled claims), followed by E/M visits (70%) and psychotherapy (58%). Every sampled wound-care claim met Medicare's requirements.
  • The single biggest reason for failure: care the documentation didn't show was medically necessary -- 49 of 91 noncompliant claims, more than any other individual reason cited.
  • Novitas concurred with both of 's recommendations but told auditors it can only pursue its 'most egregious' psychotherapy-billing providers given its resource constraints.

's $19.5 million figure is a statistical estimate, not a claim-by-claim recovery total: it extrapolates the dollar value of noncompliant claims found in a 150-item stratified sample across the full 292,794-patient-month pool Novitas paid during the audit period, using a 90% confidence interval. The audit period itself ran October 2018 through September 2019; the report was released in July 2026.

Sources(1) ▾
  • U.S. Department of Health and Human Services, Office of Inspector General, Novitas Solutions, Inc., Improperly Paid Approximately $19.5 Million for Selected Medicare Part B Services Provided to Patients Residing in Nursing Homes (Report A-06-21-04002) (2026-07-15)The full statistical audit: sampling frame, stratified sample design, per-stratum results, noncompliance-reason breakdown, extrapolation with 90% confidence interval, and Novitas's written response -- every load-bearing figure in this piece traces to this single primary document. oig.hhs.gov · original document
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