HHS Must ID Medicare Overpayment Issues, DC Circ. Hears

Law360, New York (October 5, 2012, 5:47 PM EDT) -- The U.S. Health and Human Services secretary must determine there are sustained or high levels of erroneous Medicare payments before Medicare contractors can sample payments of providers and find possible overpayments, Gentiva Healthcare Corp. told the D.C. Circuit on Thursday.

The home health care services giant, which is fighting an overpayment determination by Medicare contractor Cahaba Safeguard Administrators LLC, says the Medicare Appeals Council incorrectly ruled in January 2011 that Cahaba was allowed to make the determination of sustained or high levels of payment error, a...
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