Robert Wanerman Quoted in “HHS Attys Say High Court Ruling Curbs Billing Enforcement”

Law360

Robert E. Wanerman, Member of the Firm in the Health Care & Life Sciences practice, in the firm’s Washington, DC, office, was quoted in Law360, in “HHS Attys Say High Court Ruling Curbs Billing Enforcement,” by Jeff Overley. (Read the full version – subscription required.)

Following is an excerpt:

Top attorneys at the U.S. Department of Health and Human Services recently concluded that a new U.S. Supreme Court ruling restricts the government’s ability to take enforcement actions against improper Medicare billing, an internal memo shows.

The Oct. 31 memo obtained by Law360 discussed how the Supreme Court’s ruling earlier this year in Azar v. Allina Health Services might affect the government’s ability to recoup overpayments discovered during audits, among other enforcement actions.

The Allina ruling found that the Centers for Medicare & Medicaid Services at HHS erred by not seeking public comments when altering a hospital reimbursement formula, and the Oct. 31 memo said the ruling has repercussions for enforcement of Medicare payment policies. …

Robert Wanerman of Epstein Becker Green, who has followed the Allina case, told Law360 on Thursday that the memo “is generally consistent with the holding in Allina.”