HHS Attys Say High Court Ruling Curbs Billing Enforcement

Law360 (November 21, 2019, 10:25 PM EST) -- 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...

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