Medicare Confirms Requirement to Return Overpayments Within 60 Days

On February 14, 2012, the Centers for Medicare and Medicaid Services ("CMS") published a proposed rule implementing the requirements of the Affordable Care Act requiring Medicare providers and suppliers to report and return Medicare overpayments by the later of 60 days after the date on which the overpayment was identified, or the date any corresponding cost report is due. Failure to identify, report and return the overpayment within the 60 day deadline constitutes a false claim under the False Claims Act, which subjects the provider or supplier to additional penalties under the law.

By Jackson Walker LLP attorney Edgar C. Morrison, Jr.

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