How Would This Affect Overpayments?

Right now, if an ambulance service identifies an overpayment, it has 60 days to refund the overpayment or it could be subject to liability under the Federal False Claims Act (FCA).   If the Proposed Rule is adopted as written, the government (or a whistleblower) wouldn't have to go through the process of filing a FCA action.  Instead, the government could simply impose up to a $10,000 penalty for every day after expiration of the 60-day deadline that an identified overpayment is not reported and returned. 

For example, if your ambulance service identified an overpayment and didn't refund it to Medicare until 65 days after it was discovered, that oversight could cost you $50,000 just in CMPs if the OIG is able to impose the maximum penalty under this Proposed Rule. 

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