Fighting RACs Over Overpayment Decisions Is Not Easy

Law360, New York (September 11, 2013, 2:50 PM EDT) -- On July 23, the U.S. Court of Appeals for the D.C. Circuit affirmed the U.S. District Court for the District of Columbia's decision to permit statistical sampling and extrapolation by Medicare contractors for the purpose of estimating and recovering overpayments made to health care providers. The court’s decision in Gentiva Healthcare Corp. v. Sebelius reinforces the substantial powers of Medicare contractors as well as the authority of the U.S. Department of Health and Human Services to delegate its responsibilities to third-party contractors.

Medicare contractors, known as...
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