Wyatt attorney Kristen Holt was recently published in Valeo Magazine. Her article, "Proposed 60 Day Rule Increases Burden On Providers to Report and Return Medicare Overpayments" discusses a proposed rule from CMS regarding reporting and returning Medicare overpayments.
On February 16, 2012, the Centers for Medicare and Medicaid Services (CMS) published a “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 such overpayments would be re-characterized as false claims.
While still subject to a comment period, the Proposed Rule creates a burdensome standard for providers in an already highly regulated industry by applying a 10 year “lookback” period, a short and unclear 60 day repayment timeframe, and additional reporting requirements. Wyatt recommends that all interested parties submit comments to CMS. Comments are due by April 16, 2012.
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