CMS Extends Timeline for Publication of Final Rule Regarding Reporting and Returning of Medicare Overpayments

American Health Lawyers Association

Amy F. Lerman, Associate in the Health Care and Life Sciences practice, in the firm’s Washington, DC, office, authored an alert for American Health Lawyers Association’s Fraud and Abuse Practice Group, titled “CMS Extends Timeline for Publication of Final Rule Regarding Reporting and Returning of Medicare Overpayments.”

Following is an excerpt:

In February 2012, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule regarding requirements put forth in Section 6402(a) of the Affordable Care Act (ACA) to report and return overpayments within 60 days. In a February 17 Federal Register continuation notice, however, CMS announced that despite agency guidelines requiring final rules be issued within three years of a proposed or interim final rule being issued, it had decided to take an additional year—until February 16, 2016—to finalize this rule. CMS cites as a primary reason for taking additional time the need to consult further with the U.S. Department of Health and Human Services Office of Inspector General (OIG) and the U.S. Department of Justice regarding the final rule.