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60 Day Incident Medicare

April 27, 2022

Medicaid Services

Medicare will not pay for any service provided by an independent health insurer (such as a self-insured company or a no-fault insurer or worker compensation company) that makes the purchase. If you are injured or hurt, you have to contact the BCRC Benefits Coordinate & Recovery Center. It has an obligation to ensure Medicare receives the restitution from any pending conditional pay. Conditional payments are payments from Medicare that covers services other payers might pay. Medicare provides a conditional payment to ensure that you can pay the bill.

Understanding the new 60-day overpayment rule

Medicare overpayment regulations require new regulations to identify and pay out over-receipted amounts. Fam practmanag. 2015 May-June 23:11-11. Author disclosure: No financial affiliation is disclosed. Printed in paper form before publication April 26. Do overpayment payments for Medicare are a fraud that results in prosecution?

A federal government website managed and paid for by the United States government U.S. Centers for Medicare & Medicaid Services.

CMS issued a separate Final Rule on the 60 day repayment requirement for Medicare Parts C and D overpayments in 2014. See 79 Fed. Reg. 29844 (May 23, 2014). CMS has not issued rules with respect to Medicaid overpayments.

Overview of the 60-day statute applicable to Medicare Parts A and B

The new 60-day statute provides details of CMS’s expectations about how this 60-day statute applies when overpayments arise under Medicare Part A. The regulation introduces vague concepts in the process. The following describes the key principles that will be covered under the final 60 days rule. Individuals implementing a 60- Day statutory requirement and establishing a 60-day final rule are encouraged to complete this preamble.

Cost report considerations

Overpayments covered by the Medicare Costs Report are usually reported and reimbursed in either 60 days after identification the date when remittances have been made. A “overpayment” means a payment that a person has no right to if it applies for reconciliation. In these contexts, “appealing reconciliation” is defined only for the cost reporting process.

From purchase access Medical group practices have long been accustomed to refunding Medicare payments in response to demand letters from Part B administrative contractors, and more recently from Medicare Recovery Audit Contractors.

Reasonable diligence and proactive compliance

CMS' final rule states that providers must exercise "reasonable diligence" to determine if a payment was owed. CMS has not formally defined the definition of what constitutes “reasonable,” citing the concept of reasonable.

Most practices will have to at least tweak their compliance programs to describe how they will begin monitoring for and identifying overpayments – and assign responsibility and accountability for this work to appropriate personnel within the practice.


Most practices modify their compliance programs in a similar manner. Most compliance programs examine the claims for payments in advance, thinking there's no need to review the claims for payment. The proposed regulation aims to undermine that idea by requiring practice to be reviewed every six years, according to the nature of their problems. It requires reasonable diligence in your decision making.

The final rule clearly limits applicable reconciliation to cost report reconciliation, where the provider receives cost-based payments from Medicare on an interim basis throughout the year and then reconciles those payments with its actual reimbursable costs when cost reports are due.

False claims act

Medicare and Medicaid Fraud: The Reverse False Claim and the 60-Day Rule In 2009, Congress amended the False Claims Act (FCA) to impose liability on those who knowingly fail to reimburse the government for overpayments. 

The Affordable Care Act established a new provision of the Social Security Act that requires a person who has received an overpayment to report and return the overpayment by the later of 60 days after the date on which the overpayment was identified and the date any corresponding cost report is due, if applicable.

Incident Medicare Activities

Quantifying the overpayment amount Reporting and repayment Implications Proceed with caution References Reporting and repayment of overpayments should be directed only to the Medicare Administrative Contractor (MAC) for your practice's jurisdiction.

Regulators in the commentary said “reasonable diligence” includes “both proactive compliance activities conducted in good faith by qualified individuals to monitor for the receipt of overpayments and investigations conducted in good faith and in a timely manner by qualified individuals in response to obtaining credible information of a potential overpayment.”

Investigations could be conducted in response to routinely reviewing explanations of benefits, receiving a tip on a compliance hotline, being notified of potential problems found in an internal audit or raised by a government agency, receiving a significant increase in revenues without an obvious reason, or generating profits out of proportion to hours worked or relative value units associated with the work.

Tyler Hedland - Medicare Expert

Tyler Hedland is a Medicare expert for Century Medicare and the founder, CEO, and expert at Century Medicare. For over 10 years people have been viewing Tyler as a leader and it has been growing ever since. Tyler's leadership has made Century Medicare one of the fastest-growing websites out there.

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