Overpayments Under the 60 Day Rule – Practical Advice and Strategic Approaches

Michael Matthews, Partner with Foley and Vice Chair of the Government Enforcement, Compliance & White Collar Defense Practice and Nathaniel Lacktman, Senior Counsel in the Health Care and Senior Living Industry Teams, will be speaking at the Hillsborough County Bar Association Health Care Section on November 2, 2011 in Tampa.  Their presentation is titled, “Overpayments Under the 60 Day Rule – Practical Advice and Strategic Approaches.”The health reform changes introduced by the Patient Protection and Affordable Care Act (PPACA) now require all Medicare and Medicaid participating health care entities to self-report and refund all overpayments within 60 days of the overpayment being identified (known as the “60 Day Rule”).  Health care providers, suppliers and facilities need to understand the requirements of the 60 Day Rule, as well as what it means to “identify” an overpayment and when the 60-day clock starts running.  The presentation will educate health care counsel on procedures and practices to help clients ensure compliance with the 60 Day Rule.  In addition, the presentation will address the implications for failure to comply with the 60 Day Rule, including litigating False Claims Act liability for failing to self-report and refund.