Pursuant to Section 6402(a) of the Patient Protection and Affordable Care Act (PPACA), the Centers for Medicare and Medicaid Services (CMS) published a proposed rule for reporting and returning Medicare overpayments in the Feb. 16 edition of the Federal Register.

Section 6402 of PPACA (codified at 42 U.S.C. §1320a-7k(d)) is a relatively short and simple provision that is ambiguous and leaves a lot of room for interpretation. It essentially requires that a person who has received a Medicare overpayment must report and return it within the latter of 60 days from the date on which the overpayment was identified or the date any corresponding cost report is due, if applicable.

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