On January 12, 2017, the Department of Health and Human Services Office of Inspector General (“OIG”) published the “Health Care Programs: Fraud and Abuse; Revisions to the Office of Inspector General’s Exclusion Authorities” Final Rule (“Final Rule”) revising and expanding its authority to exclude individuals and entities from participation in... Continue Reading →Tags: Abuse, ACA, Affirmative, Affordable Care Act, Authority, Changes, DOJ, Early reinstatement, Exclusion, Expand, False Claims Act, FCA, Final Rule, fraud, HHS, OIG, Permissive, regulation, Reinstatement, Revisions, update
In November 2015, the Bipartisan Budget Act of 2015 went into effect. One aspect of that act was the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The new law required that the Program Fraud Civil Remedies Act and the False Claims Act (“FCA”) penalties be “corrected” to adjust... Continue Reading →Tags: BIpartisan Budget Act, Civil Monetary Penalty, False Claims Act, penalties, Railroad Medicare, Railroad Retirement Board, regulation
by David B. Honig and Brian C. Betner CMS Announces Further Delay of Repayment Rule To be published in the February 17, 2015 Federal Register, CMS has extended its deadline for finalizing the Affordable Care Act’s (“ACA”) 60-day payback rule. This is the rule that requires a Medicare or Medicaid provider to return... Continue Reading →Tags: CMS, False Claims Act, regulation, retained overpayment, Reverse False Claims
Last month the Centers for Medicare & Medicaid Services (CMS) published proposed rules for reporting of overpayments. These proposed rules, if adopted and strictly interpreted, could effectively create a twenty-year statute of limitations under the False Claims Act.... Continue Reading →Tags: 60 day, Centers for Medicare and Medicaid Services, CFR, CMS, CMS–6037–P, Code of Federal Regulations, False Claims Act, FCA, identification, overpayment, proposed rule, regulation, sixty day, statute of limitations, ten years