42 CFR 433.316 - When discovery of overpayment occurs and its significance

Cite as42 CFR 433.316
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6 cases
  • Ron Grp., LLC v. Azar, CIVIL ACT. NO. 2:20-cv-1038-ECM
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • November 29, 2021
    ...one year to attempt to recover the overpayment before it must repay the federal share of the overpayment. See id. § 1396b(d)(2)(C); 42 C.F.R. § 433.316(a).Federal regulations establish the following "Requirements for Notification" that states must follow in recouping overpayments from provi......
  • State v. Centers For Medicare & Medicaid Serv., Case No. 08–CV–881–MEF.
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • February 18, 2011
    ...Returning the Federal share,” does not contain much substance. Instead it merely repeats the language of 42 U.S.C. § 1903(d)(2)(C) and 42 C.F.R. 433.316.10 The “guidance” that the SHO letter conveys to states is much more like an implementation of the Medicaid Act than an interpretation. As......
  • The State Of Ala. v. Ctr.S For Medicare & Medicaid Serv., CASE NO. 08-CV-881-MEF
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • February 18, 2011
    ...the Federal share, " does not contain much substance. Instead it merely repeats the language of 42 U.S.C. §Page 21 1903(d)(2)(C) and 42 CFR 433.316.10 The "guidance" that the SHO letter conveys to states is much more like an implementation of the Medicaid Act than an interpretation. As poin......
  • Ron Grp. v. Azar, Civil Action 2:20-cv-1038-ECM [WO]
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • November 29, 2021
    ...one year to attempt to recover the overpayment before it must repay the federal share of the overpayment. See Id. § 1396b(d)(2)(C); 42 C.F.R. § 433.316(a). Federal regulations establish the following “Requirements for Notification” that states must follow in recouping overpayments from prov......
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3 firm's commentaries
  • New Initiatives for the New Year: Highlights of the OIG’s 2017 Work Plan
    • United States
    • JD Supra United States
    • January 4, 2017
    ...that the federal official first notifies the state in writing of the overpayment and specifies a dollar amount subject to recovery (42 CFR § 433.316(e)). Federal regulations require that states report overpayments to CMS. For OIG audits in which CMS concurred with recommendations to collect......
  • Collecting Overpayments from Medicaid Providers
    • United States
    • JD Supra United States
    • January 11, 2021
    ...when a state Medicaid plan identifies an overpayment? CMS regulations provide an answer to this question. CMS has explained, at 42 C.F.R. § 433.316, that once a state has identified an overpayment and wants to initiate a recoupment against a provider, it should (but is not required to) noti......
  • Collecting Overpayments from Medicaid Providers
    • United States
    • LexBlog United States
    • January 10, 2021
    ...when a state Medicaid plan identifies an overpayment? CMS regulations provide an answer to this question. CMS has explained, at 42 C.F.R. § 433.316, that once a state has identified an overpayment and wants to initiate a recoupment against a provider, it should (but is not required to) noti......

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