Prosecutor: Expect More 60-Day Rule Cases in Wake of Final Rule, Court Decision

Rebecca Martin, who as a federal prosecutor filed the first False Claims Act case for violating the Medicare 60-day overpayment rule, said “I expect there to be more 60-day cases” because the settlement of this case means the issue has “been given judicial gloss” and “there is judicial guidance” on how to proceed. Ms. Martin added that Medicare overpayment refund rules are in place for all four parts of the program “and CMS has made it clear they should be implemented by all providers and plans.”