Medicare Overpayment Reporting & The 60 Day Rule

health law complianceBy: Karina Gonzalez

Earlier this year, CMS (Centers for Medicare and Medicaid Services) released its final rule related to  reporting and returning identified Medicare and Medicaid overpayments for Medicare Part A and B. The rule is referred to as the “60-day rule” and it governs when an “identified” overpayment must be repaid to the government before it will be subject to liability under the federal False Claims Act (FCA), Civil Monetary Penalties Law and exclusion from the federal health care programs.

The Final Rule went into effect on March 14, 2016

An overpayment is “identified” for the purposes of reporting and overpayment under the 60-day rule when a provider or supplier “has or should have, through the exercise of reasonable diligence, determined that the person has received an overpayment and quantified the amount of the overpayment.”Continue reading