Effective November 16, 2009, CMS is prohibited from recouping Medicare overpayments from a provider or supplier that seeks reconsideration from a Qualified Independent Contractor, until the date the decision on the reconsideration has been rendered. Interest paid to a provider or supplier whose overpayment is reversed at subsequent levels of appeal will now accrue from the date of the original determination. A new regulation, 42 C.F.R. §405.379, implements the statutory limitation on recoupment under Soc. Sec. Act §1893(f)(2). Various other provisions described in the Proposed Rule, 71 FR 55404, are adopted and/or revised, such as adding new definitions to 42 C.F.R. §405.370; for example, "Medicare contractor" is defined, and now includes "recovery audit contractor." CMS examined the impact of the final rule and concluded that the final rule would not have a significant economic impact on a substantial number of small entities or a significant impact on the operations of a substantial number of small rural hospitals.
Final rule, 74 FR 47458, Sept. 16, 2009.
For more information on this and related topics, consult the CCH® Medicare and Medicaid Guide.
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