Three Strategies to Avoid the 60-Day Refund Rule Trap

The Centers for Medicare and Medicaid Services (CMS) cemented one of the most significant health care compliance developments in recent years with the final 60-Day Overpayment Rule announced late last week, which requires health care providers to refund identified overpayments to Medicare within 60 days or face potentially hefty False Claims Act liability, civil money penalties and possible program exclusion. Foley Health Care Partner Larry Vernaglia highlights three suggested changes to providers’ existing business practices to help mitigate the significant risk this rule imposes.