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.”