American College Of Surgeons - Inspiring Quality: Highest Standards, Better Outcomes

Reporting and Returning of Overpayments

The Affordable Care Act (ACA) requires that Medicare providers and suppliers report and return Medicare overpayments within a certain time period. The overpayments must be reported and returned to the Secretary of the Department of Health and Human Services, the State, an intermediary, a carrier, or a contractor, as appropriate. The overpayment must be reported and returned by the later of: (1) 60 days after the date on which the overpayment was identified or (2) the date any corresponding cost report is due. Failure to meet the deadline for returning an overpayment exposes the provider or supplier to civil monetary penalties under the federal False Claims Act.

Rules Implementing ACA Provision