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Administrative

Medicare Regulatory

A records request from a Medicare contractor lands on the front desk, payments stop without much explanation, or a letter says your billing privileges are being revoked.

Reviewed

01 GUIDE

Medicare Regulatory: what usually happens

Who is on the other side

Medicare's day-to-day oversight runs mostly through private contractors working for the Centers for Medicare & Medicaid Services. Medicare Administrative Contractors process claims in their regions and conduct medical review, recovery audit contractors look for improper payments, and other contractors investigate suspected fraud and can refer matters for payment suspension or to law enforcement. Knowing which contractor sent a letter tells you a good deal about what may follow. Medicare Advantage plans are a separate track; they are private insurers with their own audits and contract terms, and disputes with them follow different procedures. Medicare regulatory matters also overlap with enrollment rules, which govern who may bill the program at all.

Responding to audits, overpayments, and suspensions

Records requests come with deadlines, and an incomplete response is often treated as a basis to deny the claims involved, so assemble complete documentation, including signatures, orders, and medical necessity support. Overpayment determinations can be challenged through a multi-level appeal process that begins with the contractor, moves to an independent reconsideration contractor, and can reach an administrative law judge, the Medicare Appeals Council, and then federal court. Filing early appeals on time can pause recoupment at the first stages, but the timing rules are strict. Separately, providers who identify an overpayment themselves must report and return it within a set period. Payment suspensions and revocations follow their own procedures, and revocation can come with a bar on re-enrolling.

Looking at the larger picture

A Medicare regulatory issue can be an isolated billing question or the first sign of a broader inquiry, and the response should match which one it is. We review the letter, the claims or period involved, your billing and documentation practices, and any earlier audits or self-disclosures. If a sample was extrapolated to a larger overpayment, the sampling method itself may be open to challenge. We also consider whether a self-disclosure route is appropriate for problems you find on your own, and how your response may be read by other payers, including Medicaid.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

04 HOW WE WORK

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05 OFFICES

Where we meet clients

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Attorney Advertising. This page is general information about medicare regulatory and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.