Editor's note: Following is an edited excerpt of the transcript for Modern Healthcare's Dec. 18 editorial webcast, “Avoiding the RAC Trap.” The panelists were Audrey Andrews, senior vice president and chief compliance officer at Tenet Healthcare Corp.; Dr. Harry Feliciano, senior medical director at Palmetto GBA, a Medicare administrative contractor; and Lewis Morris, former chief counsel of HHS' inspector general's office and now senior counsel at Adelman, Sheff & Smith. In a discussion moderated by Modern Healthcare legal reporter Joe Carlson, the panelists discussed strategies to help healthcare providers deal with overpayment challenges from the federal government. The full webcast is available at modernhealthcare.com/webcasts.
Joe Carlson: The reform law included a rule that would apply or potentially could apply False Claims Act penalties to claims that are held on to by providers for more than 60 days after the overpayment is discovered. Mr. Morris, do you think that this rule is frankly workable given shifting definitions of when providers could be said to be discovering an overpayment?