BarbriSFCourseDetails

Course Details

This CLE course will guide healthcare counsel on the legal obligations, benefits, incentives, and risks of reporting and repaying improper Medicare and Medicaid payments. The panel will offer best practices for complying with the requirements for reporting and returning overpayments.

Faculty

Description

Healthcare providers must report and return overpayments to Medicare and Medicaid, regardless of whether the overpayment resulted from a Medicare contractor error or provider error. Overpayments occur in a variety of circumstances—the claim was for services not covered by Medicare or not medically necessary, the payment was for a higher level of services than were performed, the claim was submitted in violation of the Stark law, etc.

Providers that fail to report and refund overpayments within 60 days risk violating the False Claims Act.

Healthcare providers must determine the amount of overpayment, the reporting and refund obligations, and the government's recovery rights when considering whether and when to make disclosures and repayments to Medicare and Medicaid.

Listen as our authoritative panel of health law attorneys examines the legal obligations, benefits, incentives and risks of disclosure and repayment, and the impact of the ACA on mandatory repayment requirements. The panel will offer best practices for complying with the requirements for reporting and returning overpayments.

Outline

I. Medicare requirements for overpayment

II. Benefits, incentives, risk of disclosure

III. Best practices for investigating and responding to potential overpayments

Benefits

The panel will review these and other key issues:

  • What are the obligations concerning potential overpayments?
  • What are the benefits and incentives for refunding and disclosing overpayments? What are the risks?
  • What factors should healthcare providers consider when determining where to make a disclosure?
  • Practical considerations when investigating potential overpayments, including when performing audits, analyzing error rates, and using statistical sampling
  • The effect of the 60-day refund statute on overpayments involving Medicaid, Medicare Advantage, and Medicaid Managed Care plans