In a recent Healio article they discuss the duty of physicians to identify CMS over-payment mistakes and to then contact CMS and make restitution all within 60 days. They state:
Have you ever heard someone in your office say, “I think Medicare may
not have paid these claims correctly?” After that statement, did the
relevant documents get buried in a pile on a desk — never to be reviewed
again? Be careful. Earlier this year, CMS issued a final rule governing
the responsibility of providers to report and return Medicare
overpayments. The rule makes clear that providers are responsible for
identifying and repaying overpayments that may have occurred within a
6-year lookback period, and repayment must be made to Medicare within 60
days of identifying the overpayment. Failure to take action could
trigger liability under the “reverse” false claims provisions of the
federal False Claims Act, which punish the retention of federal dollars
paid in excess of the actual amount to which the provider was entitled....The rule applies to overpayments arising within Medicare Parts A and B,
and it requires any Medicare provider or supplier that has identified an
overpayment to report and return the overpayment within 60 days after
the date on which the overpayment was identified. Somewhat helpfully,
the final rule recognizes that providers cannot meaningfully “identify”
an overpayment without also confirming and quantifying the overpayment;
consequently, under the rule, “a person has identified an overpayment
when the person has, or should have through the exercise of reasonable
diligence, determined that the person has received an overpayment and
quantified the amount of the overpayment.”
Now on top of EHR management, paperwork, the new CMS payment scheme, you have to become the auditor for CMS as well as their working capital manager.
One should wonder how many such traps there are out there today. Physicians will all end up as employees and getting salaries, working 40 hour weeks, and ultimately getting paid accordingly. There will be no more Oslers, Cushings, Kaplans and the like.