Santa Fe New Mexican

Presbyteri­an settles case with state for $18.5M

N.M.’s largest health insurance provider denies claims it failed to pay the proper amount of premium taxes

- By Bruce Krasnow

New Mexico’s largest health care provider has agreed to pay the state $18.5 million to settle claims that it failed to pay the proper amount of insurance premium taxes over a twoyear period.

The payment closes a case brought by Attorney General Hector Balderas in July, when his office alleged widespread fraud by the nonprofit Presbyteri­an Health Plan, which is obligated to pay a 3 percent tax on insurance premiums sold in New Mexico instead of a gross receipts or sales tax.

But the case ends with Presbyteri­an admitting no wrongdoing and Balderas dropping the widespread-fraud charges, originally pressed in cooperatio­n with employees at the Office of the Superinten­dent of Insurance under a law to protect taxpayers against fraud. The four employees claimed Presbyteri­an deliberate­ly misled regulators about how much it was reporting in tax payments.

The settlement documents claim the agreement is “without any admission by any party as to the strengths or weaknesses of any claim or defenses and without any fact or liability … the Parties desire to settle any and all disputes.”

But in their public comments Monday, both sides were less conciliato­ry.

Dale Maxwell, the chief executive of the nonprofit Presbyteri­an Healthcare Services and its subsidiary health plan, said there was no evidence it purposely

withheld taxes or filed false documents to support underpayme­nts. The company has more than 10,0000 employees in the state, 1,000 hospital beds and a reported revenue of $1.6 billion in 2016.

“Presbyteri­an did not commit fraud, we did not file false claims in any manner,” Maxwell said Monday. “There is no indication that Presbyteri­an acted wrongfully or did anything outside the law.”

At an Albuquerqu­e news conference, Balderas said the settlement exceeds the original amount of uncollecte­d taxes identified in its litigation, $14.6 million. Of the total amount paid by Presbyteri­an to the state, $3.7 million will go to the state employees at OSI who originally filed the Fraud Against Taxpayers’ complaint and Santa Fe law firm Egolf+Ferlic+Harwood, which brought the case.

“Presbyteri­an should not be bragging today,” Balderas said. “The amount of money they are paying New Mexico taxpayers clearly shows they did not properly pay their taxes in the first place.”

He said the settlement happened quickly because it saved taxpayers’ money and allows funds to be returned to the state for public services, including Medicaid.

“The state regulators and these health care companies should have paid these taxes years ago, even decades ago,” he said.

Presbyteri­an spokeswoma­n Melanie Mozes said the amount paid is a recognitio­n that the company owed the taxes and wanted to avoid costly litigation. She added the recent audit found Presbyteri­an Health Plan owed $15.3 million from for 2003 and 2004, when there “were complex, and in some cases contradict­ing, changes in the state’s premium tax laws.”

The additional $3.5 million, “reflects a compromise of disputed claims to avoid time-consuming and expensive litigation,” she said.

The dispute over insurance premium taxes goes back more than a decade and has been the source of public hearings before the Legislativ­e Finance Committee, which helped fund several audits of the tax collection­s going back to 2003.

The final audit results by the Atlanta-based Examinatio­n Resources was released last week. It documented not just the Presbyteri­an amounts from 2003-04 but a total of $65 million of uncollecte­d money from 17 insurers that sell products in New Mexico, from health insurance to home, property and casualty companies. Other firms owing money include Molina, Blue Cross, Lovelace, United Healthcare, State Farm, Allstate, MetLife Progressiv­e, John Hancock and Allianz Life.

Of that amount, however, Presbyteri­an owed $29 million as of last week, 44 percent of the uncollecte­d total.

Maxwell said the company was still examining the audit results and will work with the superinten­dent of insurance to answer questions about its remaining liability. The Balderas complaint focuses on a dispute over whether Medicaid insurance was obligated to pay the premium tax.

The remaining $14 million from Presbyteri­an stems from a complicate­d formula of credits that an insurer can claim for payments to a high-risk insurance pool for the state’s sickest patients. The Office of the Superinten­dent of Insurance has been trying to resolve that with Presbyteri­an and other carriers since 2015.

“We will be working closely in a quick and transparen­t manner to resolve that issue with the OSI,” said Maxwell.

Balderas and state Auditor Tim Keller have been critical of Insurance Superinten­dent John Franchini’s office for what they termed as its lax oversight of insurers. They are both calling for better auditing of the insurance premium tax with lawmakers backing an effort to move the tax collection­s to the Taxation and Revenue Department.

Balderas said there are inherent conflicts with the insurance office collecting taxes from the industry it regulates.

“The remaining health care companies need to quickly write checks,” Balderas said. “I’m losing my patience. The fact that no other payments have been made except that forced by the attorney general is a black eye for New Mexico.”

Presbyteri­an said the amount paid is a recognitio­n that the company owed the taxes and wanted to avoid costly litigation.

 ??  ?? Hector Balderas
Hector Balderas

Newspapers in English

Newspapers from United States