Barbara Rowland Presents on the Future of the CMS 60-Day Overpayment Rule at AHLA's Physicians and Hospitals Law Institute on Feb. 5
On February 5, 2018, Barbara Rowland, Washington, D.C. Office Chair of the Firm's White Collar Group, co-presented "What’s the Future of the CMS 60-Day Overpayment Rule? Can Negligence Really Trigger False Claims Act Exposure?" at the American Health Lawyers Association's (AHLA) Physicians and Hospitals Law Institute in New Orleans, LA from 3:15 - 4:15 pm CT. Ms. Rowland co-presented with Andrew D. Ruskin, Partner, Morgan Lewis.
The presentation reviewed:
- Fundamental concepts applicable to the 60-Day Repayment Rule.
- Tips for conducting internal audits that are appropriately tailored to the receipt of “credible information.”
- Criteria for evaluating whether review by an external body, such as OIG or a MAC, triggers an obligation to do further internal review.
- Framework for deciding whether a repayment is necessary or whether an OIG/MAC/DOJ disclosure alone is warranted, including potential implications for a False Claims Act case predicated on the 60-Day Repayment Rule.
- The ongoing federal litigation brought by Unitedhealthcare Insurance Company’s Part C plans against US Health and Human Services to square agency rulemaking imposing a negligence standard for addressing overpayments on Medicare Part C and D providers with the False Claims Act’s stricter “knowledge” requirement.