The final rule governing the ACA requirement to identify and return overpayments to CMS within 60 days was published today in the Federal Register ( https://www.gpo.gov/fdsys/pkg/FR-2016-02-12/pdf/2016-02789.pdf ). The rule will become effective and enforceable on March 14, 2016. Of key importance to LeadingAge members, we note that the 10-year look back period for identifying overpayments included in the proposed rule from 2012 has been trimmed to 6 years. We also note, however, that the standard for identifying overpayments, which in turn initiates the 60-day period for repayment of any such overpayments, is quite low: An overpayment has been identified when a person has or, through the exercise of reasonable diligence should have, determined that the person has received an overpayment. As a result, we urge members to revise their compliance plans and, specifically, the audit functions within those plans accordingly.
February 16, 2016
LeadingAge DC Executive Director