In a post on our Life Sciences Legal Update blog here, we discuss the first judicial opinion interpreting the Affordable Care Act's "60-Day Overpayment Rule" in a False Claims Act case, which was recently issued by the Southern District of New York. In Kane v. Healthfirst, Inc., et al. the court ruled in favor of the Department of Justice, rejecting the defendant hospitals' motion to dismiss, finding that the hospital had failed to timely repay overpayments. As providers await further guidance from CMS, there are many questions at large, specifically how its holding will apply to providers who diligently investigate potential overpayments but fail to meet the 60-day reporting and repayment timeframe. Stay tuned for further analysis when the CMS final rule is released.
For more information on this decision and the potential effect it can have on providers, read the Client Alert written by Carol Loepere, Scot Hasselman and Nancy Bonifant.
This article is presented for informational purposes only and is not intended to constitute legal advice.
