OSE_1210_part3_Layout 1 10/5/12 3:33 PM Page 123
sentence for providers.
After all these years, the False
when the amount of the overpayment
Claims Act shows no signs of slow-
is calculated and confirmed? What
ing down. With bipartisan support
about complex overpayment situa-
in Washington and with Medicare
tions, in which a provider cannot rea-
and Medicaid spending increasing
sonably be expected to quantify or
under healthcare reform, it's only
calculate the amount within 60 days?
getting stronger. While its 150th
Additionally, providers are bound to a
anniversary next March might not
10-year look-back period in which
be cause for public commemora-
overpayments must be reported and
tion, it would be unwise to under-
returned, an obligation considerably
estimate what has become the fed-
more burdensome than Medicare's 3-
eral government's most effective
year window for reopening claims.
tool against healthcare fraud. OSM
The $8.7 billion in settlements and
judgments that the Department of
Justice secured in FCA cases from
Ms. Weaver (jennifer.weaver@wallerlaw.com) is a partner at Waller
Lansden Dortch & Davis in Nashville,
Tenn.
2009 to 2011 is the largest 3-year total
in the department's history. It's a safe
bet that FCA recoveries for 2012 and
beyond will continue at this recordsetting pace.
— Jennifer L. Weaver, JD
O C T O B E R 2012 | O U T PAT I E N T S U R G E R Y M A G A Z I N E O N L I N E
1 2 3
