2015
DOI: 10.2139/ssrn.2545972
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Regulator Leniency and Mispricing in Beneficent Nonprofits

Jonas Heese,
Ranjani Krishnan,
Frank Moers

Abstract: We posit that nonprofits that provide a greater supply of unprofitable services (beneficent nonprofits) face lenient regulatory enforcement for mispricing in price-regulated markets.Consequently, beneficent nonprofits exploit such regulatory leniency and exhibit higher mispricing. Drawing on organizational legitimacy theory, we argue that both regulators and beneficent nonprofits seek to protect their legitimacy with stakeholders, including those who demand access to unprofitable services. Using data from hosp… Show more

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Cited by 3 publications
(3 citation statements)
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“…Silverman and Skinner (2004) found that for-profit hospitals in particular bias their claims reports towards higher-paying diagnoses (DRGs) in order to maximize reimbursement; however, this form of upcoding has greatly declined after increased auditing pressure from Medicare. In fact, concurrent work by Heese et al (2015) finds that upcoding occurs more frequently among non-profit providers since Medicare preferentially avoids auditing them; based on these results, the authors hypothesize that Medicare allows "beneficient" non-profit hospitals to make some profit from upcoding in order to recover losses from other factors (e.g., treating poorer patients). From a methodological standpoint, both these papers use a provider's fraction of claims that correspond to the highestpaying DRG as a proxy for that provider's level of upcoding.…”
Section: Related Literaturementioning
confidence: 99%
“…Silverman and Skinner (2004) found that for-profit hospitals in particular bias their claims reports towards higher-paying diagnoses (DRGs) in order to maximize reimbursement; however, this form of upcoding has greatly declined after increased auditing pressure from Medicare. In fact, concurrent work by Heese et al (2015) finds that upcoding occurs more frequently among non-profit providers since Medicare preferentially avoids auditing them; based on these results, the authors hypothesize that Medicare allows "beneficient" non-profit hospitals to make some profit from upcoding in order to recover losses from other factors (e.g., treating poorer patients). From a methodological standpoint, both these papers use a provider's fraction of claims that correspond to the highestpaying DRG as a proxy for that provider's level of upcoding.…”
Section: Related Literaturementioning
confidence: 99%
“…Their work suggests that whistleblower-initiated civil suits reduce Medicaid spending on prescription drugs and off-label prescription drug use. Similarly, Heese et al (2015) examine cases of civil fraud filed by whistleblowers against California hospitals. They find that teaching hospitals, which provide high levels of charity care, tend to receive weaker punishments than other hospitals.…”
Section: Related Researchmentioning
confidence: 99%
“…For any procedure and/or provider, one could compare suspicious billings with historical claims data. For instance, Silverman and Skinner [7] show that profit driven hospitals biased their claims toward higher-paying diagnoses to maximize reimbursement while [8] discuss cases of upcoding at non-profit hospitals. However, as [9] noted, identifying upcoding in claims data is difficult due to confounding variables such as patient risk.…”
Section: Introductionmentioning
confidence: 99%