FCA Cases May Be Lurking Within CMS Refund Obligation

Law360, New York (May 09, 2012, 12:59 PM ET) -- On Feb. 16, 2012, the U.S. Center for Medicare and Medicaid Services (CMS) published a proposed rule implementing Section 6402 of the Patient Protection and Accountable Care Act (PPACA), which requires providers to report and repay Medicare and Medicaid overpayments within the later of 60 days of the date an overpayment is identified or the date any corresponding cost report is due, if applicable. See 77 Fed. Reg. 9179.

Under the proposed rule, the 60-day clock begins when a provider acts in deliberate ignorance or reckless...
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