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AHA calls for extensive changes to proposed Medicare overpayments rule

April 16, 2012

The AHA today urged the Centers for Medicare & Medicaid Services to entirely reconsider its proposed rule implementing Section 6402(a) of the Patient Protection and Affordable Care Act, which creates a reporting and repayment obligation for providers and suppliers who receive an overpayment. "We viewed this provision in the ACA, and Congress intended it, as a means to correct mistakes," AHA wrote. "Instead, the law is being contorted by this proposed rule to create another confusing, onerous and legally risky set of expectations for hospitals." The letter calls on CMS to revisit the proposed rule's framework for implementing the law. "The emphasis should be on minimizing unnecessary burden and assuring coordination with the many existing and varied reviews, reviewers and processes already imposed on hospitals," AHA said. "And, the agency should do so in accord with the clear intent of the law to provide a safe and reliable way in which hospitals can return payments mistakenly received from the government."