Lexology July 24, 2024
Morgan, Lewis & Bockius LLP

The Centers for Medicare & Medicaid Services has issued its Calendar Year 2025 Medicare Physician Fee Schedule Proposed Rule, scheduled for publication in the Federal Register on July 31, 2024. In response to industry concerns from previous comment periods, the proposed rule adds further revisions to the so-called 60-Day Rule, including formally establishing a six-month period to investigate and calculate overpayments.

By now, most healthcare providers will be generally familiar with what is commonly referred to as the 60-Day Rule, the federal law that requires an overpayment to be reported and returned within 60 days “after the date on which the overpayment was identified.”[1] The current Medicare Part A and B regulations implementing the 60-Day Rule, published in 2016, provide...

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