CMS Delays Overpayment Rule, Underscoring FCA Stakes


Tony Maida, who when serving at the Centers for Medicare & Medicaid Services (CMS) helped draft the Affordable Care Act rule requiring health care providers to return overpayments within 60 days, called the statutory provision « pretty short and straightforward. » However, commenting on a CMS decision to delay implementing the rule, Mr. Maida, noted the complexity that occurs « when you try to unpack it into a rule that applies to all the factual scenarios that you can anticipate and can’t anticipate.”