Another Win for the Good Guys! RAC Auditors Cannot Look Back Over 3 Years!!! (BTW: We Already Knew This -Shhhhh!)
I love being right – just ask my husband.
I have argued for years that government auditors cannot go back over three years when conducting a Medicaid/Care audit of a health care provider’s records, unless there are credible allegations of fraud. See blog.
42 CFR 455.508 states that “[a]n entity that wishes to perform the functions of a Medicaid RAC must enter into a contract with a State to carry out any of the activities described in § 455.506 under the following conditions:…(f) The entity must not review clams that are older than 3 years from the date of the claim, unless it receives approval from the State.”
Medicaid RAC is defined as “Medicaid RAC program means a recovery audit contractor program administered by a State to identify overpayments and underpayments and recoup overpayments.” 42 CFR 455. 504.
From the definition of a Medicaid RAC (Medicare RAC is similarly defined), albeit vague, entities hired by the state to identify over and underpayments are RACs. And RACs are prohibited from auditing claims that are older than 3 years from the date of the claim.
In one of our recent cases, our client, Edmond Dantes, received a Tentative Notice of Overpayment from Public Consulting Group (PCG) on May 13, 2015. In a Motion for Summary Judgment, we argued that PCG was disallowed to review claims prior to May 13, 2012. Of the 8 claims reviewed, 7 claims were older than May 13, 2012 – one even went back to 2009!
The Administrative Law Judge (ALJ) at the Office of Administrative Hearings (OAH) agreed. In the Order Granting Partial Summary Judgment, the ALJ opined that “[s]tatutes of limitation serve an important purpose: to afford security against stale demands.”
Accordingly, the ALJ threw out 7 of the 8 claims for violating the statute of limitation. With one claim left, the amount in controversy was nominal.
A note as to the precedential value of this ruling:
Generally, an ALJ decision is not binding on other ALJs. The decisions are persuasive. Had DHHS appealed the decision and the decision was upheld by Superior Court, then the case would have been precedent; it would have been law.
Regardless, this is a fantastic ruling , which only bolsters my argument that Medicaid/care auditors cannot review claims over 3 years old from the date of the claim.
So when you receive a Tentative Notice of Overpayment, after contacting an attorney, look at the reviewed claims. Are those reviewed claims over 3 years old? If so, you too may win on summary judgment.
Posted on September 12, 2016, in Administrative code, Administrative Law Judge, Administrative Remedies, Alleged Overpayment, Appeal Rights, Credible Allegations of Fraud, Doctors, Federal Government, Federal Law, Health Care Providers and Services, Knicole Emanuel, Legal Remedies for Medicaid Providers, Medicaid, Medicaid Advocate, Medicaid Attorney, Medicaid Providers, Medicaid Services, Medicare, Medicare and Medicaid Provider Audits, Medicare Attorney, NC, NC DHHS, North Carolina, OAH, Office of Administrative Hearings, Petitions for Contested Cases, Post-Payment Reviews, Provider Appeals of Adverse Decisions for Medicare and Medicaid, RAC, RAC Audits, Regulatory Audits, Tentative Notices of Overpayment and tagged Administrative Law Judge, Administrative Remedies, Credible Allegations of Fraud, Division of Medical Assistance, DMA, Health care, Health care provider, Medicaid, Medicaid Audits, Medicaid Services, Medicare Audits, NC DHHS, NC Medicaid, North Carolina, Office of Administrative Hearings, overpayments, Post-Payment Review, RAC Audit, RAC Audits, RAC limits, Recovery Audit Contractor, Statute of limitation, Tentative Notice of Overpayment, Tentative Notices of Overpayment, Three year look back period. Bookmark the permalink. Leave a comment.