UnitedHealth aims to reassure investors as profits plunge, DOJ investigates its Medicare business

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UnitedHealth Group Chairman and CEO Stephen Hemsley will face the first real test Tuesday of his ability to regain investor confidence as the largest private U.S. insurer reports earnings.

The Dow component has seen its share price cut nearly in half since mid-May, with the stock on pace for its worst year in more than a decade, after earnings in its flagship Medicare program and Optum Health physician practices plummeted. That led to the abrupt resignation of former CEO Andrew Witty, forcing the company to reinstate ex-CEO Hemsley to replace him and suspend earnings guidance. On top of that, the company is facing criminal and civil Department of Justice investigations into its Medicare billing practices.  

As UnitedHealth faces challenges on multiple fronts, it sits in a “perfect storm,” said Mizuho Securities analyst Ann Hynes. Now, investors want to know how Hemsley plans to steer the company out of the whirlwind, after assuring them last June that “we’re humbly determined to earn back your trust and your confidence.”

Here are three key things investors will be looking for from the company’s earnings report.

SEC filing that its Medicare program billing practices face criminal and civil probes by the Department of Justice. 

UnitedHealth said the company is cooperating the with the investigations, first reported by the Wall Street Journal. It also noted that in March, a court-appointed special master ruled in the company’s favor in a case involving similar allegations brought by the DOJ during the first Trump administration.

Hynes believes investor concern over the DOJ probes has been overblown.

“The stock is trading like the government’s going to kick them out of Medicare and Medicaid, and the likelihood of that is zero, in my view,” she said. “It will probably end up with them writing a check and doing a Corporate Integrity Agreement … that’s what has happened in the past.”

But the shooting death of UnitedHealth executive Brian Thompson last December, which prosecutors allege was carried out by a gunman who was motived by insurance denials, unleashed a groundswell of public criticism of health insurers’ practices. 

Former whistleblower Wendell Potter, who has criticized industry practices after a career at Cigna, said the pressure on large insurers like UnitedHealth likely will not cease. Regulatory scrutiny in Congress has increased on both sides of the aisle, as Washington grapples with high health and drug costs in Medicare, Medicaid and other government health programs.

“A lot of the members of Congress who are doctors or Republicans, some are pharmacists, and they see firsthand the heavy hand of these companies,” said Potter, president of the Center for Health and Democracy. “And so you’re seeing interest by Republicans, and I’ve not seen that before.”

In June, UnitedHealth announced that it had hired third party auditors to conduct a review of the company’s practices in health insurance and pharmacy benefits services, in an effort “to provide our stakeholders transparency and confidence” in the company’s business practices.

The company told CNBC it will not have many details to offer about that audit during the second-quarter earnings call. It does not expect the review to be completed until the end of the third quarter of this year.

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