The Centers for Medicare and Medicaid Services (CMS) has extended the deadline for publishing a final rule on the return of Medicare overpayments to Feb. 16, 2016. Despite the absence of clear guidance, providers still face liability for noncompliance. CMS announced the deadline extension in the Federal Register on Feb. 17.
Affordable Care Act
Under the Affordable Care Act, an overpayment is defined as “any funds that a person receives or retains under Title XVIII [Medicare] or XIX [Medicaid] to which the person, after applicable reconciliation, is not entitled under such title.” The term “person” includes a provider, supplier, Medicare managed care organization, Medicare Advantage organization, and a prescription drug plan sponsor. The definition specifically excludes Medicare beneficiaries.
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