CMS Adopts Final Regulations Governing Limitation on Recoupment

The new regulations are CMS’s interpretation of the limitation on recoupment Congress passed in Section 935 of the Medicare Prescription Drug, Improvement and Modernization Act of 2003, which amended the Social Security Act by prohibiting Medicare from recouping an overpayment “until the date the decision on the reconsideration has been rendered.” Under the new appeals…