Litigation Strategies

Barraclough's proprietary time-tested litigation strategies allow for the methodical examination of the evidence.  We may invalidate critical steps taken by the auditor.

Strategy 1 – Statutory Compliance

Is the work by the Recovery Audit Contractor in compliance with all statutory requirements?

Barraclough does a thorough check to find any discrepancies.

Strategy 2 – Mathematical Validity

Statistical Extrapolations made by a Recovery Audit Contractor (RAC) during a Medicaid Audit or Medicare Audit are based on a foundation of mathematics.  

Barraclough offers more than three dozen tests to determine if the Extrapolation is accurate.

Strategy 3 – "Properly Executed" Statistical Methodology

The Medicare Program Integrity Manual (MPIM) Section 8.4.3 emphasizes that a valid statistical methodology should be used and specifies a number of factors including a) the universe was properly defined; b) the frame was properly defined; and several others.

Barraclough checks the Recovery Audit Contractor's statistical work against all of these factors.

Strategy 4 – Sufficient Documentation Requirements

Both the Medicare Program Integrity Manual (MPIM) as well as the governing Medicaid laws in individual states specifiy that the Audit Contractor must maintain complete documentation of their statistical work.  

Barraclough checks the work of the Recovery Audit Contractor to ensure that all documentation requirements are met.

Strategy 5 – Daubert Credibility

All statistical sampling and extrapolation work performed by the Recovery Audit Contractor must be validated by a statistician with Scientific Credibility.  

Barraclough carefully examines and validates how the statistical methodology was created, who created it, and whether or not scientifically acceptable techniques were used.