CMS Issues Notice Extending Publication Deadline for Overpayment Reporting Final Rule.

Date posted: March 6, 2015

The Centers for Medicare & Medicaid services (CMS) extended the deadline for the publication of the ‘‘Medicare Program; Reporting and Returning of Overpayments’’ final rule from February 16, 2015 to February 16, 2016.  The final rule will implement section 1128(d) of the of the Social Security Act (the Act) which requires providers and suppliers under Medicare Parts A and B to report and return overpayments by the later of: (a) 60 days after the date the overpayment was identified; or (b) the due date of any corresponding cost report.

Despite the delayed publication, providers are still subject to section 1128(d) of the Act and could face liability and potential exclusion from federal health care programs for a failure to report and return an overpayment.  CMS extended the publication of the final rule due to the scope and complexity of comments received after the publication of the proposed rule on February 16, 2012.  CMS also extended the publication to ensure appropriate coordination with other government agencies.

The CMS notice is available at:

Medicare Program; Reporting and Returning of Overpayments; Extension of Timeline for Publication of the Final Rule; 80 Fed. Reg. 31, 8247 (February 17, 2015).

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