HHS: Return Overpayments within 60 Days
The U.S. Department of Health & Human Services (HHS) wants providers and suppliers who receive funds under Medicare to return overpayments within 60 days. Specifically, overpayments would have to be reported and returned by “60 days after the date on which the overpayment was identified; or any corresponding cost report is due, if applicable,” according to a notice of proposed rule-making (NPRM) in the Feb. 16 Federal Register.
This proposed rule would implement section 6402(d) of the Affordable Care Act, which “requires the Secretary establish a process for a provider or supplier to return an overpayment to the program, as well as establish a process for CMS and its contractors to receive and apply the overpayment.”
Examples of overpayments under this proposed definition are:
- Medicare payments for noncovered services
- Medicare payments in excess of the allowable amount for an identified covered service
- Errors and nonreimbursable expenditures in cost reports
- Duplicate payments
- Receipt of Medicare payment when another payer had the primary responsibility for payment
Make a Comment
Comments in regards to the proposal must be received no later than 5 p.m. on April 16, 2012. When commenting, please refer to file code CMS-6037-P. You may submit comments through one of these four ways:
1. Electronically. Follow the “Submit a comment” instructions.
2. Regular mail. Send written comments to: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-6037-P, P.O. Box 8013, Baltimore, MD 21244-8013.
3. Express or overnight mail. Send written comments to: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-6037-P, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850.
4. Hand or courier. If you prefer, you may deliver (by hand or courier) your written comments before the close of the comment period. See specific instructions and addresses for hand or courier delivery in the proposed rule.