CMS Delays Repayment Final Rule

CMS is officially postponing implementation of a new rule on collecting hundreds of millions of dollars in overpayments until February 16, 2016. The proposed rule would require Medicare providers and suppliers of services under Part A and B of title XVIII to return overpayments within 60 days – a move CMS says is required by the ACA. In Tuesday’s Federal Register notice, CMS stated the one year delay was due to “exceptional circumstances” regarding the “complexity of the rule and scope of comments.” The new rule will give CMS a 10-year “look-back period” on claims not identified by a provider or supplier. The new feature has led to harsh industry criticism that the agency is overstepping its statutory authority because it conflicts with the shorter look-back period for Part C and D overpayments.

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