PolicyBrief
H.R. 5364
119th CongressSep 15th 2025
States Taking On Power For Redressing All Unlawful Deceits in Medicaid Act
IN COMMITTEE

This bill mandates that State Medicaid fraud control units must investigate and prosecute fraud committed by individuals applying for or receiving Medicaid benefits, in addition to their existing focus on provider fraud.

Derek Schmidt
R

Derek Schmidt

Representative

KS-2

LEGISLATION

New Medicaid Fraud Law Shifts Focus to Recipients: State Units Must Now Investigate Individuals

The newly named States Taking On Power For Redressing All Unlawful Deceits in Medicaid Act, or the STOP FRAUD in Medicaid Act, is making a significant change to how state Medicaid Fraud Control Units (MFCUs) operate. Right now, these state units mostly focus their resources on catching fraud committed by medical providers—think hospitals, doctors, or clinics that bill Medicaid for services they didn’t actually provide. This new law mandates that these same units must now also investigate and prosecute fraud committed by individuals who illegally apply for or receive Medicaid benefits. This change kicks in 180 days after the bill becomes law (SEC. 2).

The New Mandate: Catching Fraud on Both Sides

This bill essentially broadens the job description for state MFCUs. Previously, their primary target was 'provider fraud'—the big, expensive schemes where clinics might overbill or charge for fake services. Now, Section 1903(q)(3) of the Social Security Act is being amended to specifically require these units to dedicate resources to 'beneficiary fraud.' This means if someone misrepresents their income or assets on a Medicaid application, or fails to report a change that would make them ineligible, the state fraud unit will be required to step in and investigate, potentially leading to criminal prosecution.

The Real-World Resource Squeeze

For the average person, this sounds like a good idea—more integrity in the system, right? But here’s the practical challenge: MFCUs have limited budgets and staff. Provider fraud is often complex, involving millions of dollars and deep investigations into corporate billing practices. Beneficiary fraud, while important to stop, usually involves much smaller dollar amounts per case. The concern is that by forcing MFCUs to spend time and money chasing down individuals who might have made a mistake on a complicated application, they might have to pull resources away from catching the big fish—the massive provider schemes that cost taxpayers the most money. It’s a classic resource allocation problem: do you focus on the highest volume of small cases, or the highest dollar value of complex cases?

Increased Scrutiny for Recipients

If you or someone you know relies on Medicaid, this bill means the stakes just got higher. Medicaid applications are notoriously complex, often requiring detailed documentation of income, assets, and household changes. While the law targets intentional fraud, increased pressure on MFCUs to show results in this area could lead to more investigations into recipients who simply made an error or struggled to navigate the bureaucratic paperwork. For a family juggling multiple jobs and childcare, a mistake on a form could now land them under the scrutiny of a criminal fraud unit, rather than just facing a civil penalty or loss of benefits. This shift in focus could disproportionately impact vulnerable populations who already struggle with the administrative burden of staying qualified for essential health coverage.