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CLIENT ALERT - CMS Publishes Proposed Rule on Reporting and Returning of Medicare Overpayments

CLIENT ALERT - CMS Publishes Proposed Rule on Reporting and Returning of Medicare Overpayments

On February 14, 2012, the Centers for Medicare and Medicaid Services (CMS) released a proposed rule (the Proposed Rule) addressing the statutory requirement that Medicare overpayments must be reported and repaid within 60 days after the date the overpayment is "identified," or else what would otherwise be classified as a simple overpayment could be converted into a false claim. 

While still subject to a comment period, the Proposed Rule appears to be fairly rigid, and does not seem to permit a period of investigation and determination of the amount due before the 60 day clock begins to run.  The Proposed Rule also purports to apply a lookback period of 10 years.

For a complete analysis of the impact of the Proposed Rule, click here.