CMS Final Rule: Limitation on Recoupment of Overpayments (09/16/2009)

The following Summary is directly from the Federal Register:

[Federal Register: September 16, 2009 (Volume 74, Number 178)]
[Rules and Regulations]               
[Page 47458-47470]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se09-8]                         


[[Page 47458]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 405

[CMS-6025-F]
RIN 0938-AN42

 
Medicare Program; Limitation on Recoupment of Provider and 
Supplier Overpayments

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Final rule.

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SUMMARY: This final rule implements a provision of the Medicare 
Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) 
which prohibits recouping Medicare overpayments from a provider or 
supplier that seeks a reconsideration from a Qualified Independent 
Contractor (QIC). This provision changes how interest is to be paid to 
a provider or supplier whose overpayment is reversed at subsequent 
administrative or judicial levels of appeal. This final rule defines 
the overpayments to which the limitation applies, how the limitation 
works in concert with the appeals process, and the change in our 
obligation to pay interest to a provider or supplier whose appeal is 
successful at levels above the QIC.

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