CMS has released its final 60-Day Overpayment Rule, providing clarity to the 2010 Affordable Care Act (“ACA”) amendment to the False Claims Act (“FCA”) that created FCA liability for failure to repay identified overpayment within 60 days. This is a long-awaited rule that provides essential clarity to an amendment that,... Continue Reading →Tags: CMS, False Claims, False Claims Act, FCA, Retained Overpayments, rule
With the passing of the Affordable Care Act (“ACA”), False Claims Act (“FCA”) observers noted the imminent filing of cases alleging violations of the ACA’s amendments to the FCA or “reverse” false claims. Such claims are per seĀ false claims under the FCA and arise when a government contractor or health... Continue Reading →Tags: 60-day Rule, ACA, DOJ, Intervention, New York, Retained Overpayments, Reverse False Claims, Second Circuit