CMS Publishes Proposed Rule on Self Disclosure of Overpayments

On February 16, 2012, the Centers for Medicare & Medicaid Services (CMS) issued a long-awaited proposed rule to establish regulations regarding the reporting and returning of overpayments to the Medicare program (77 Fed. Reg. 9,179 (Feb. 16, 2012)). The proposed regulations at 42 C.F.R. Part 401, subpart D would implement § 6402(a) of the Affordable Care Act (Public Law 111-148), in part, by outlining the disclosure and repayment policies and procedures applicable to Medicare Part A and Part B providers and suppliers. While the proposed regulations apply only to this subset of providers and suppliers at this time, CMS notes in the preamble of the proposed rule that the statutory requirements of § 1128J(d) of the Social Security Act (regarding the obligation to report and return overpayments) continue to apply to all stakeholders despite the absence of established regulations.

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