CMS Adopts Final 60 Day Overpayment Reporting Rules with Significant Clarifications Applicable to Medicare Part A and Part B Providers

On February 12, 2016, the Centers for Medicare and Medicaid Services (CMS) published its long-awaited final rule (Final Rule) implementing Section 6402(a) of the Affordable Care Act (ACA), which requires a person who has received a Medicare or Medicaid overpayment to report and return the overpayment by the later of (i) the date that is 60 days after the overpayment is identified; or (ii) the date any corresponding cost report is due, if applicable. The Final Rule provides much-needed clarity to Medicare providers and suppliers (hereafter referred to as “providers”) on two critical issues: the date when a Medicare overpayment has been “identified,” thus commencing the 60-day period to report and return the overpayment; and the applicable “look-back period” that providers must use to investigate and resolve Medicare overpayments that may have been received.

For more information regarding the Final Rule, please click here to read our Client Alert.

If you have questions or need assistance regarding compliance with the Final Rule, please do not hesitate to contact the GW attorney with whom you usually work.