The Creative Writing Department: How 'Upcoding' Steals Billions
Hospitals have stopped billing for the care they provide and started billing for the most expensive story they can get away with. It is called 'Upcoding,' and it turns a cough into a catastrophe on paper.
The Issue
The Fiction Factory đź”’
Walk into an Emergency Room today with a mild cough, and on paper, you might look like a character from a Victorian tragedy dying of consumption. Why?
Because of the "Upcoding" Industrial Complex.
Hospitals and insurers have hired armies of consultants to do one thing: "Clinical Documentation Improvement." That is the corporate euphemism for "finding a way to charge more for the same aspirin."
Here is the scam:
Medical billing works on "Levels."
- Level 3 is a standard ER visit (broken finger, flu).
- Level 5 is a life-or-death crisis (gunshot, heart attack).
Over the last decade, the number of Level 5 visits has skyrocketed, not because we are suddenly getting shot more often, but because software now prompts doctors to add "complications" to every chart.
Did the patient have a headache? Code it as "Neurological Distress." Did they feel tired? Code it as "Chronic Fatigue with Hypoxia."
By tweaking the adjectives, they can double or triple the bill. It is fraud disguised as data entry. Kaiser Permanente just paid $556 million to settle allegations of this exact behavior, and they are just the ones who got caught. The entire Electronic Health Record (EHR) industry is built with "copy-paste" tools designed to inflate the severity of your condition automatically.
The Trap: You are not a patient to them. You are a writing prompt. And the genre is always "Expensive Horror."
The Fix
The SAFECARE Solution: The Truth Machine âś…
We do not hire more auditors to chase paper three years later. We use the same weapon they use against us: Algorithms.
1. Real-Time Fraud Detection (Section 802) SAFECARE deploys a "Pre-Payment Review" system. Instead of "Pay and Chase" (where we pay the bill and try to claw it back years later), we analyze the claim before the money leaves the Treasury. If a hospital claims a healthy 20-year-old had a "Level 5 Life-Threatening Event" but was discharged in 45 minutes, the system flags it instantly.
2. The AI Shield (Section 804) We establish the National Health Integrity, Efficiency, and Value Program. This program uses advanced analytics to identify anomalous billing patterns across the entire country. If a specific hospital codes "Sepsis" 40% more often than the national average, the AI freezes their payments until a human reviews the charts.
3. Federal Felony Penalties (Section 803) We stop treating fraud like a clerical error. Section 803 makes systemic upcoding a federal felony with mandatory forfeiture of property. If you program your computer to steal, we take your computer—and your hospital.
4. Documentation Simplicity (Section 404) We remove the incentive to write novels. By standardizing billing formats and reducing the "box-checking" requirements that fuel the consultant industry, we make the chart about the patient again, not the bill.
SAFECARE says: If you treat a cold, get paid for a cold. If you bill for a heart attack, you better have a defibrillator log to prove it.
Criticism & Rebuttal
"AI Will Deny Legitimate Care"
Critics will scream that "Robots are denying your surgery!"
The Reality: This is a billing filter, not a clinical filter. Section 802 freezes the payment to the provider, not the care to the patient. The doctor still treats you. The hospital just doesn't get the check until they prove they aren't lying. Furthermore, Section 804(e) mandates human review and due process before any final adverse action.
"False Positives"
What if a patient really was that sick, but the computer thinks it's a lie?
The Reality: The system uses "Gold Carding" logic. Providers with a history of honest billing get faster clearance. The friction is focused on the outliers—the "bad apples" who bill Level 5 for everyone. Honest doctors have nothing to fear from a system that checks for truth.
The Arms Race
Hospitals will just hire better hackers to beat the government AI. It is an eternal arms race.
The Mitigation: True. But right now, the government is bringing a clipboard to a drone fight. SAFECARE at least gives the taxpayer a fighting chance. By centralizing the data in the National Health Claims Data Platform (Section 801), we have a complete view of the battlefield that fragmented private insurers never had.
References
- Kaiser Permanente to Pay $556 Million in Record Medicare Fraud Settlement - KFF Health News (Jan 2026)
- Upcoding Linked To Up To Two-Thirds Of Growth In Highest-Intensity Hospital Discharges - Health Affairs
- Hospital upcoding leads to billions in extra payments: Study - Becker's Hospital Review
- United States Intervenes in False Claims Act Lawsuit Alleging UnitedHealth Group Mischarged Medicare - HHS Office of Inspector General
- How do facility fees contribute to rising emergency department costs? - Peterson-KFF Health System Tracker
- Upcoding & Unbundling Fraud Explained: Healthcare Whistleblowers - Phillips & Cohen LLP
- Ensuring Proper Use of Electronic Health Record Features (The 'Clone Note' Problem) - CMS.gov

