“Mea Culpa” – CMS Issues Proposed Rule on Reporting and Identifying Overpayments

Last week, the Centers for Medicare and Medicaid Services (CMS) issued its proposed rule to implement section 6402(a) of the Affordable Care Act. Section 6402(a) of the Affordable Care Act established a new section 1128J(d) entitled ‘‘Reporting and Returning of Overpayments.’’ This section requires a person who has received an overpayment to report and return the overpayment to the government or a contractor within 60 days of identifying the overpayment.

To help our clients and friends analyze the proposed rule, we have drafted a list of likely questions about the rule, and provided our answers below.

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