CMS ‘overpayment’ rule may come at a great cost

Managing Partner Glenn P. Hendrix wrote a guest column titled “CMS ‘overpayment’ rule may come at a great cost” for McKnight’s Long-Term Care News & Assisted Living. The Centers for Medicare & Medicaid Services (CMS) issued a proposed rule implementing a 60-day deadline for returning overpayments made to federal health programs. If the rule is put in place, it would greatly increase the potential liability of healthcare providers and suppliers under the federal False Claims Act, as well as altering post-payment and compliance audits for all providers and suppliers. In the column, Mr. Hendrix claims that while CMS’s proposal gives providers and suppliers sufficient time to determine, confirm, and self-report known overpayments, the new rule also means contractors can reopen matters if the overpayment is reported within 10 years.

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