‘Apples and An Orangutan’: HHS Chair Pushes Back Against Congressional Fraud Investigation
by John Gage
LINCOLN – Health and Human Services Committee Chairman Brian Hardin pushed back against a congressional investigation into potential Medicaid fraud in Nebraska, saying it missed the mark. Hardin said he did not believe Nebraska deserved to be included in a congressional investigation after the state had taken proactive steps to fix issues with the program.
“Congress waved the flag because we told them about the waste,” the state senator said in an interview with The Plains Sentinel on Monday. Hardin said he worked with Auditor Mike Foley, Governor Jim Pillen’s office, and the Department of Health and Human Services (DHHS) to fix instances of waste and abuse well before Congress even began caring about the issue.
The Committee on Energy and Commerce sent Governor Jim Pillen and Steve Corsi, the CEO of DHHS, a letter earlier this month asking for any reported waste, fraud, and abuse in the state’s Medicaid program.
“Recent reports and law enforcement actions have exposed unprecedented levels of Medicaid fraud in the State of Minnesota and other states. The magnitude of the fraud demands states proactively address FWA [fraud, waste, and abuse] in Medicaid programs,” the letter stated. “The Committee is concerned that your state’s Medicaid programs may be similarly vulnerable to FWA that harms Medicaid enrollees, legitimate providers, and taxpayers.”
Nine other states were included in the expanded congressional committee probe, including California, Colorado, Massachusetts, Maine, New York, Pennsylvania, Vermont, and Washington.
Hardin said it was disingenuous for Nebraska to be included with nine other “blue states” when Nebraska had taken steps to remedy waste and abuse. “Of course things were out of whack,” Hardin said, but said Nebraska officials worked together to “tighten” program requirements.
The state senator said including Nebraska in an investigation with blue states that have not taken similar steps to protect their programs was like comparing “apples and an orangutan.”
In 2024, DHHS opened an investigation into Medicaid programming following a nearly 2000% increase since 2020 in ABA therapy, a type of therapy typically used for kids with autism. In July of 2025, DHHS further responded to the increased costs by adjusting provider rates down, explaining that the state had previously paid the highest reimbursement rates in the nation.
The congressional investigation mentioned the increase of ABA therapy in its letter announcing the investigation. “The auditor’s report also found that the ABA services program was riddled with duplicate claims, inaccurate claims data, service providers without appropriate credentials, a lack of adequate supervision of providers, incorrect reimbursement rates, and a lack of adequate supporting documentation,” the letter said.
Hardin said he told the auditor about the waste in the first place, which is the only reason Congress even knew about the waste. He said now that the state has uncovered and fixed waste and abuse, the congressional committee was chasing headlines by including Nebraska in their investigation.
“Congress is asking stupid questions. They should be asking how these other states can be more like Nebraska.”
The Plains Sentinel reached out to Governor Jim Pillen’s and Auditor Mike Foley’s offices for comment on the story.
John Gage is the executive editor of The Plains Sentinel.
