Episode 33: Medicare Clawbacks and Ex Post Facto Law — Why Retroactive Rules Are Crushing Seniors & Healthcare Providers

If you’ve ever wondered whether the government can change the rules after the game is over, Episode 33 of Wine by the Case pops that cork wide open. This week, Alexis and Chris pour a bold Ex Post Facto Syrah from Santa Rita Hills—deep ruby, assertive, and appropriately named for a concept that’s causing real-world chaos for seniors and healthcare providers.

What Does “Ex Post Facto” Actually Mean?
In legal terms, ex post facto (Latin for after the fact) refers to laws that retroactively change the consequences of an action. The Constitution bans them in criminal law, but the edges get blurry when administrative policies, Medicare regulations, and Social Security rules shift beneath people decades after the fact.

The Medicare & Social Security Clawback Crisis
Across the country, seniors—even those in their 90s—are receiving letters demanding repayment of benefits they received years or decades ago. Why?

• Old agency errors

• Retroactive recalculations

• Documentation glitches

• Internal audits that no one saw coming

Why Healthcare Providers Are Getting Hammered Too
Medical practices are taking financial hits from:

• Incorrect billing modifiers

• Documentation inconsistencies

• Old claims pulled back long after services were rendered

• Compliance plans that weren’t updated

• Innocent clerical errors that later become five-figure liabilities

Inflation, Aging, and Bureaucracy: A Perfect Storm
As Alexis and Chris sip their Syrah, they dig into what happens when seniors live longer, benefits stagnate, and bureaucracy tries to “fix” the past by clawing back the future.

Featured Wine: Ex Post Facto Syrah
Price: $49.00

Listen + Watch the full episode now: https://youtu.be/DN0Nw4pFTkI?si=e75IDqkvsuHLfbrI