First Court Decision Defining “Identified” Overpayments Under The Medicare/Medicaid 60-Day Report And Return Rule

(By – Donna A. O’Connor, via

The United States District Court’s decision in Kane v Healthfirst, 11 Civ. 2325 (ER) (August 3, 2015) is a reminder to the health care community that the Affordable Care Act of 2010 (ACA) strengthened the False Claims Act and provided the government with powerful tools to seek recovery. The Court acknowledged the “stringent” and “potentially unworkable” nature of the report and return rule, but nonetheless determined that Congress intended to place the onus on providers to quickly investigate, report, and return overpayments within 60 days. Read more…


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