Attorneys Predict More Cases Arising From CMS Overpayment Rule


Tony Maida said it is “not surprising to me” when False Claims Act lawsuits against hospitals settle, “given the large financial penalties and potential exclusion consequences.” Mr. Maida noted that a new CMS rule “contains a more detailed, although still amorphous, definition of when an overpayment has been ‘identified’ to start the 60-day clock,” and with this ambiguity he expects regulators and FCA whistle-blowers to focus more on 60-day rule issues.