On February 12, 2016, the Centers for Medicare & Medicaid Services (“CMS”) published a final rule that explains the requirements for providers and suppliers reporting and returning overpayments under Medicare Parts A & B (the “Overpayment Rule”). Hospitals, physicians, reference laboratories, home health agencies and anyone receiving funds from Part A or B are affected by the Overpayment Rule.

Commentary associated with the recent Overpayment Rule confirms that CMS places a significant burden on providers and suppliers to identify, report and return any overpayments to Medicare. Part I of this Client Alert summarizes the key takeaways from the Overpayment Rule and introduces practical steps that providers and suppliers may take to comply with the Overpayment Rule. Part II of this Client Alert provides an action plan that providers and suppliers may follow when conducting internal audits, complying with the OIG protocol and responding to payer audits.