October 23, 2026
The chair of a key House panel is pressing major pharmacy benefit managers on whether they retaliated against independent pharmacies for publicly supporting reform efforts.
This article was originally published on Fierce Healthcare.
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October 23, 2026
The chair of a key House panel is pressing major pharmacy benefit managers on whether they retaliated against independent pharmacies for publicly supporting reform efforts.
This article was originally published on Fierce Healthcare.
Author: James Kennedy, MD | October 21, 2026
Medicare Advantage (MA), Medicaid (e.g., Tennessee’s TennCare program), and Patient Protection and Affordable Care Act (also known as Obamacare) plans’ monthly capitated per-member payments are heavily influenced by the quantity and quality of certain ICD-10-CM codes that are often simply passed through from provider (e.g., physician, hospital) claims to their funding sources (e.g., the Centers for Medicare & Medicaid Services/CMS, state Medicaid plans).
On Sept. 23, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) released a critical analysis of a UnitedHealthcare (UHC) of Texas’s MA ICD-10-CM code submission affecting their CMS Hierarchical Condition Category (CMS-HCC)-based capitated funding, estimating and extrapolating that UHC was overpaid by at least $24.4 million from 2020 through 2021.
While focusing on only this one MA plan, the OIG’s analysis impacts all payer and provider entities, including hospitals (and their own MA plans) and physicians (and their Independent Physician Associations/IPAs or Accountable Care Organizations/ACOs), whose quality and cost efficiency metrics (e.g., CMS’s Medicare Spending Per Beneficiary/MSPB or Merit-based Incentive Payment System/MIPS) rely on ICD-10-CM-applicable clinical documentation integrity (CDI) for their success.
Like UHC, physicians and hospitals are subject to the U.S. Department of Justice (DOJ) and OIG’s definition of fraud, as anyone who knowingly a) has actual knowledge of the information; b) acts in deliberate ignorance of the truth or falsity of the information; or c) acts in reckless disregard of the truth or falsity of the information, whereby no proof of specific intent to defraud is required.
Please consult the OIG’s report for details of their findings, available at https://oig.hhs.gov/documents/audit/11917/A-07-24-01215.pdf as to process how the OIG reached its conclusions and how UHC responded to their findings.
United Healthcare’s Rebuttal is Instructive
UHC’s response to the OIG report, signed by Mr. Robert Hunter, UHC’s Chief Executive Officer of Government Program, instructs us on how their government relations executives and legal counsel view the OIG’s methodology and rationale in denying government payments to their health plans, which can be mirrored when hospitals and physicians fight UHC denials over the same issues. Elements asserted by UHC include the following:
When addressing UHC’s denials of hospital and physician payments, Mr. Hunter’s response can serve as a template for writing a rebuttal, and even leveraged in testimony during a peer-to-peer session or in front of an administrative law judge (ALJ).
CDI Still Matters
Even though UHC rebutted the OIG’s findings, their audit remains instructive in how physicians, facilities, and their compliance officers must address their own internal documentation and coding policies, technologies, and personnel in advocating for CDI.
Interesting elements of this review include:
UHC requested that the OIG supply a list of what CMS-HCC-applicable ICD-10-CM codes subject to frequent mis-keying. Providers and their compliance officers can do the same through a Freedom of Information Act/FOIA request, which can facilitate their own internal audits.
Note again that UHC blamed their facilities and physicians for these inaccurate codes, as they claim that “CMS regulations do not require UHC to conduct the type of self-audits that the OIG recommends. In fact, the U.S. Department of Justice, on behalf of CMS, has stated that ‘MAOs are not required to audit every single diagnosis code they submit.’”
Consequently, since UHC absolves itself of any responsibility for what the OIG identified on this report, each facility or practice must ensure that they can defend these identified issues when accounted for, as to avoid legal liability.
Strong compliance programs mitigate potential penalties and embarrassment. Refer to the OIG’s General Compliance Program Guidance or your legal counsel for additional details.
This article was originally published on RACmonitor.
Author: David M. Glaser, Esq. | October 21, 2026
Once again, my computer search for a Centers for Medicare & Medicaid Services (CMS) Manual turned up massively outdated versions in the first hits. I was doing research that required analyzing the section of the Medicare Claims Processing Manual discussing the teaching physician rule.
I know exactly where the text is, so I typed “Medicare Claims Processing Manual Chapter 12” into the search bar. The opening lines of a Manual section show you when it was last revised.
One huge problem is that the CURRENT Manual won’t have today’s date; it will show when it was last revised, which could be recent, or it could be years ago. Nothing in the Manual text itself will verify that it is the most recent iteration.
My first search yielded text showing that the most recent changes had been made in 2024. That is certainly plausible, but I happen to know that the Manual has been revised more recently than that.
In fact, it was updated in May of this year. For whatever reason, the search engine felt that the “best” hit wasn’t the current version, but one that is two years old.
I decided to play around a little more and tried the search in different search engines and different browsers. The results were a bit inconsistent. One search resulted in the first hit being the Manual as it existed in 2011, with other attempts yielding the most recent Manual section. Then, later in the day, a search on an unrelated topic yielded the same problem.
This is a huge trap, and one without an easy fix, unless you go to the CMS website and pull the current Manuals, or have a good subscription service.
It’s worth talking about the situation that prompted this search. I’m involved in a teaching physician rule investigation. The government is pointing to Manual text that says, “In the case of three concurrent surgical procedures, the role of the teaching surgeon (but not an anesthesiologist) in each of the cases is classified as a supervisory service to the hospital, rather than a physician service to the individual patient, and is not payable under the physician fee schedule.” That seems simple enough. But it’s totally wrong.
The reason it’s totally wrong is that no such limitation appears in the regulation. In fact, 42 CFR § 415.172 says that in the case of surgery, the teaching physician’s presence is not required during opening and closing of the surgical field. Under the regulation, it is clear you can have one procedure opening, another closing, and the third in the critical portion, but the Manual suggests that is improper.
The manual invented a new requirement out of whole cloth. Longtime readers know that manuals are not binding. Remember that I was once in a case in which the federal government challenged my client’s reliance on the manuals by stating that you “rely on information in the manuals at your own peril.”
I look at the manuals all the time, because I want to know what’s in them. But no one should ever be refunding money off of something found in the manuals.
And if you are in a situation like I am now, where the government is seeking to recover money based on the manuals, you should fight back hard. If you find a requirement in a Manual, work your way back up to the regulations and statutes before cutting a check.
This article was originally published on RACmonitor.
Author: Ronald Hirsch, MD, FACP, ACPA-C, CHCQM, CHRI | October 21, 2026
Last week Dr. Mark Spoolstra, the physician advisor at Trinity Health Grand Rapids, sent me a recent bulletin from Blue Cross of Michigan that applies to all of their Medicare Advantage (MA) products in the state.
The memo starts with the usual niceties, explaining the important role in discharge planning when patients are hospitalized, and notes that “discharge planning should begin early in the hospitalization and be reassessed as the patent’s needs change.” That makes sense, and I am sure every hospital strives to start that plan as soon as possible.
But then they go off the rails. Blue Cross states that “providers submitting an authorization request for an acute inpatient medical and surgical admission for a member will be required to include the member’s discharge planning evaluation along with the clinical information required for the request.”
They go on to describe the elements of a discharge planning evaluation, including an anticipated discharge disposition and date, the patient’s clinical needs at discharge, the patient’s functional and social needs, and the availability of post-acute care services for the patient.
This policy makes no sense. Does this payer think that case managers are lined up in the ED waiting for new patients so they can push the medical team aside and start developing a discharge plan before there is even a diagnosis or treatment plan, so they can have it ready to send with the request for approval of inpatient admission? Do they expect the case manager to call the family to talk about discharge plans for their critically ill loved one even before it is known if they will survive their acute illness, so the hospital can notify Blue Cross of the inpatient admission?
Now, I could go into the nuances of this policy and point out that not only is this requirement utterly impossible to meet, but it also has a giant loophole. If you read the policy carefully, it states that it applies to a request for “an acute inpatient medical and surgical admission.” Admissions are either medical or surgical, and not both. So, one could argue that this policy actually applies to absolutely no patient at all. But I suspect the payer will not accept that argument.
This led me to review the payer’s other policies, and there is one indicating that “When an admission occurs through the emergency room, Blue Cross Network asks that the facility contact the primary care provider prior to admission to discuss the member’s medical condition and to coordinate care prior to admitting.” It is not the role of the emergency department physician or staff to do this. Once the patient is hospitalized and stabilized, only then should such coordination begin.
Now, perhaps they are channeling the policy of another payer that expects hospitals to “coordinate the care” by ensuring only in-network providers are used, but that is far from clear from the policy wording.
I can envision a patient presenting to the emergency department with sepsis and metabolic encephalopathy, who receives patient-centered, efficient, evidence-based care, and is transferred to the intensive care unit (ICU). The notification of inpatient admission is sent and inpatient admission approval is denied due to lack of a formal discharge plan.
Two days later, now that the patient’s mental status has cleared, family is available, and they are transferred out of the ICU, a discharge plan is started, but the inpatient admission request will be denied “as the patient’s condition no longer warrants inpatient admission.”
Our country’s healthcare payment system is beyond complex, but policies such as this cannot be justified. The medical care of the patient must be prioritized.
Penalizing providers for doing such has no ethical basis and must be fought.
This article was originally published on RACmonitor.
Author: Knicole C. Emanuel Esq. | October 21, 2026
Every extrapolated overpayment demand rests on a quiet assumption: that the right payment for a claim is a single, knowable number. Take that assumption away, and the math behind many audit demands falls apart.
The Variable-Rate Problem
Reimbursement for a single CPT® code is not fixed. Fee schedules are updated every year. Contract rates differ from plan to plan. Even within one payer, the same service can be paid at very different amounts, depending on the product, the provider type, the place of service, or the date.
Consider a recent commercial payer audit in which the payer reviewed 60 sampled claims for CPT 99214, a routine established-patient office visit. Those 60 claims were paid at seven different allowable amounts: $155.80, $199.62, $191.89, $187.49, $122.93, $117.57, and $114.91. That is one code, one provider, and one audit, with a spread of nearly 74 percent between the highest and lowest payment.
This example comes from a commercial plan, but the same dynamic exists in Medicare and Medicaid. Physician fee schedules are revised annually, geographic adjustments shift, and state Medicaid rates move with budgets and policy.
The Extrapolation Flaw
Auditors can work the same way. They review a sample, find claims they consider unsupported, reprice those claims, and then project the error rate across a universe of thousands of claims spanning several years. The problem is in the repricing step. Many methodologies apply one adjustment, such as a uniform percentage reduction or a single “correct” rate, across the entire universe.
When the underlying payments vary as widely as the example above, a uniform approach does not measure an overpayment. It produces a number that no claim in the universe actually reflects. Errors in the sample are multiplied across every extrapolated claim, and a small procedural shortcut becomes a six-figure demand.
The Fairness Argument
Recovery Audit Contractor (RAC), Uniform Program Integrity Contractor (UPIC), and Medicare Administrative Contractor (MAC) audits routinely reach back across multiple years of dates of service. Over that span, fee schedules, contract terms, and reimbursement rates almost certainly changed. A claim from January of one year and a claim from December of the next may have had very different correct payment amounts.
An extrapolation that ignores those changes treats the audit period as a frozen moment that never existed. The result is presented with statistical precision, including confidence levels and sampling frames, but if the rates feeding the model are wrong, that precision is false. It is arithmetic error dressed up as science.
What Providers Should Demand
Extrapolation is not automatically illegitimate. It is, however, only as reliable as its inputs, and providers are entitled to see those inputs. When facing an extrapolated demand, providers and their counsel should insist on:
If the auditor cannot show that its model reflects the rates that actually applied to each claim, the demand deserves serious challenge.
The Takeaway
An extrapolated overpayment is a projection, not a finding. When reimbursement for the same code varies by year, plan, and payer, and the methodology ignores that variation, the projection says more about the auditor’s shortcuts than about the provider’s billing. Extrapolation without a rate-adjusted methodology is not a reliable measure of overpayment, and providers should not accept it as one.
This article was originally published on RACmonitor.
October 21, 2026
The Trump administration revealed Wednesday that five of the country’s largest employers have signed on to expand electronic prior authorization in self-funded plans.
This article was originally published on Fierce Healthcare.
October 21, 2026
Elevance Health is boosting its outlook for the year as it beat Wall Street analysts’ expectations for both profit and revenue in the third quarter.
This article was originally published on Fierce Healthcare.
Author: Penny Jefferson, MSN, RN, CCDS, CCDS-O, CCS, CDIP, CRC, CHDA, CRCR, CPHQ, ACPA-C | October 20, 2026
In June, I wrote about the proposed Comprehensive Care for Joint Replacement Expanded (CJR-X) Model and its relationship to the Transforming Episode Accountability Model (TEAM). At that time, the discussion focused on what episode-based accountability could mean for hospitals and the professionals responsible for clinical documentation, coding, medical necessity, quality, and reimbursement. Since then, the conversation has changed considerably.
On July 31, the Centers for Medicare & Medicaid Services (CMS) finalized CJR-X through the fiscal year (FY) 2027 Inpatient Prospective Payment System (IPPS) Final Rule. The model is scheduled to begin Jan. 1, 2028, and will require participation by most eligible hospitals paid under the IPPS, subject to specified exclusions. CMS has also published its participant list, giving hospitals the opportunity to determine whether they will be included and begin planning accordingly.
While implementation may be more than a year away, hospitals should recognize that preparing for CJR-X involves much more than understanding a new reimbursement methodology. The model requires an operational approach that extends across inpatient and outpatient clinical documentation integrity (CDI), coding, utilization review (UR), physician advisors, revenue cycle, finance, quality, compliance, and care coordination. The real question is whether these departments are preparing together or continuing to operate independently.
CJR-X expands the original Comprehensive Care for Joint Replacement Model and moves toward nationwide participation for eligible hospitals performing qualifying lower-extremity joint replacement procedures. Unlike traditional fee-for-service reimbursement, which often focuses on the individual encounter, CJR-X holds hospitals accountable for expenditures associated with the qualifying procedure and the subsequent 90-day recovery period. The model includes eligible inpatient and hospital outpatient joint replacements, extending responsibilities beyond the traditional inpatient surgical population.
Participating hospitals will continue to receive Medicare payments through existing reimbursement systems. However, CMS will compare actual episode expenditures with established target prices and determine whether hospitals qualify for reconciliation payments or must repay. Financial performance will therefore depend not only on the initial surgical encounter but also on the services and expenditures associated with the remainder of the episode. A hospital may accurately code, bill, and receive payment for a joint replacement and still experience financial exposure because of spending after discharge.
CJR-X also differs from TEAM, which began Oct. 1, 2026. While TEAM includes several surgical categories and uses a 30-day episode, CJR-X focuses on lower-extremity joint replacements with a 90-day episode. Hospitals participating in TEAM are excluded from CJR-X during their TEAM participation. Understanding which model applies to an organization is an important first step because participation requirements, episode definitions, and performance methodologies are not interchangeable.
One of the most important considerations for CDI and coding professionals is the increased emphasis on patient complexity and risk adjustment. CMS has incorporated 29 risk adjusters into CJR-X, compared with three in the original CJR Model. These include beneficiary characteristics, chronic condition burden measured through Hierarchical Condition Categories (HCCs), selected individual HCCs, prior post-acute care utilization, and hospital-level characteristics. This represents a meaningful change in how CMS accounts for differences in patient populations when establishing episode target prices.
For CDI programs, this reinforces the importance of accurate and complete clinical documentation before, during, and after the surgical encounter. Consider a patient with diabetes, chronic kidney disease, obesity, and cardiovascular disease who is scheduled for a total knee replacement. The patient’s medical complexity may influence treatment planning, anticipated recovery, and resource utilization, but the clinical record must accurately reflect that complexity. Documentation opportunities may begin with orthopedic consultation or preoperative assessment, rather than waiting until the patient is admitted for surgery.
However, expanding risk adjustment should not create pressure to increase diagnosis capture simply to improve financial performance or hospital benchmarking. Every reported diagnosis must be clinically supported, appropriately documented, and consistent with applicable coding guidelines. Hospitals must also understand which diagnoses actually contribute to the model’s risk-adjustment methodology, including the relevant data sources and lookback periods. Not every condition documented during a surgical encounter will influence CJR-X target pricing, and not every condition appearing in the medical record meets the requirements for code assignment. Documentation integrity and compliance must remain central to this work.
Including qualifying hospital outpatient joint replacement procedures also makes outpatient CDI an essential part of the discussion. Many hospitals have historically concentrated CDI resources on inpatient admissions, leaving outpatient documentation processes less developed. Under CJR-X, organizations should evaluate opportunities to strengthen preoperative and outpatient documentation, including surgical indications, relevant chronic conditions, and clinical factors influencing treatment and recovery. Outpatient coding professionals must be included in these efforts because outpatient diagnosis-reporting requirements differ from inpatient guidelines. Expanding documentation review across settings should improve accuracy and continuity without creating opportunities for unsupported diagnoses or inappropriate application of inpatient coding rules.
Utilization review and physician advisors are equally important participants in CJR-X preparation, particularly because the model includes both inpatient and outpatient procedures. Participation in an episode-based payment model does not eliminate Medicare’s existing medical necessity requirements or automatically establish the appropriateness of an inpatient admission. Hospitals must continue evaluating patient status based on applicable Medicare requirements, including the Two-Midnight Rule, relevant exceptions, and other rules in effect at the time of service.
For elective joint replacements, this creates an opportunity to strengthen collaboration among orthopedic surgeons, UR, physician advisors, and CDI before surgery. Documentation should clearly outline the patient’s anticipated clinical needs, relevant risk factors, and rationale supporting the planned setting of care. The decision to admit a patient as an inpatient or provide services in an outpatient setting must remain clinically appropriate and compliant with Medicare requirements, independent of any financial incentives associated with the episode model.
Revenue cycle and finance leaders will need to expand their perspective beyond the initial surgical claim. Traditional revenue cycle performance emphasizes coding accuracy, timely billing, denial prevention, reimbursement, and accounts receivable. Those responsibilities remain essential, but CJR-X adds financial accountability that extends through episode reconciliation. Hospitals will need to understand target-price calculations, episode attribution, reconciliation methodologies, and potential repayment exposure while evaluating the financial implications of services delivered after the initial procedure.
This requires reliable data and collaboration with analytics, quality, and clinical operations. Hospitals should begin evaluating their current joint replacement populations, including surgical volumes, 90-day episode expenditures, readmissions, complications, emergency department utilization, and post-acute care patterns. Traditional hospital revenue-cycle data may not capture the full Medicare spending associated with an episode, so CMS-provided information and appropriate data integration are especially important. An accurately coded and paid claim does not necessarily translate into favorable financial performance under CJR-X.
Quality performance is another critical consideration because CJR-X incorporates quality measures and links financial reconciliation to performance expectations. CDI and coding teams play an important role in ensuring that complications and other clinically significant conditions are accurately documented and reported. However, hospitals must distinguish expected postoperative findings from reportable complications, and avoid interpreting clinical indicators as diagnoses without appropriate provider documentation. Quality improvement and documentation integrity should support one another, without creating pressure to alter the clinical record to achieve favorable metrics.
Case management, discharge planning, and post-acute care coordination are also central to the model’s success. Rehabilitation services, medication management, follow-up appointments, communication with post-acute providers, and preventing avoidable readmissions can affect both patient recovery and episode expenditures. Hospitals should evaluate how effectively they coordinate post-discharge care while preserving patient choice and keeping clinical decisions focused on the patient’s needs.
The first step for hospital leadership is to confirm participation using the CMS CJR-X participant list and establish clear executive accountability for implementation. Organizations should identify who will coordinate the initiative and ensure that orthopedic leadership, CDI, coding, UR, physician advisors, revenue cycle, finance, quality, case management, compliance, analytics, and information technology are represented. Although each discipline has distinct responsibilities, the model requires shared oversight and a coordinated approach to improving episode performance.
Once governance is established, hospitals should conduct a baseline assessment of their qualifying joint replacement population. This should include inpatient and outpatient procedure volumes, documentation and coding accuracy, medical-necessity and patient-status processes, readmission and complication patterns, post-acute utilization, and available episode expenditure data. Identifying gaps early will allow organizations to prioritize education, workflow improvements, and data infrastructure needs before the model begins.
Hospitals should also consider developing a shared performance dashboard that connects documentation integrity, coding accuracy, medical necessity, clinical outcomes, care transitions, and financial performance. Instead of maintaining separate departmental reports that show only part of the picture, an interdisciplinary dashboard can help leadership understand how different processes affect the overall episode. These activities are recommended operational strategies, not additional CMS-mandated requirements, but they offer a practical foundation for implementation readiness.
What concerns me most about CJR-X is not the concept of bundled payment. Hospitals have been discussing value-based reimbursement and episode accountability for years. My concern is whether we are bringing the right people into the conversation early enough, and whether our organizations are prepared to connect work that has traditionally occurred in separate departments.
If finance studies target prices, CDI reviews inpatient diagnoses, outpatient coding works independently, UR focuses on admission status, and case management evaluates discharge needs, all without a shared strategy, we will miss the opportunity to understand the complete patient episode. Documentation supports the clinical story, coding translates that documentation into standardized data, UR and physician advisors support medical necessity and appropriate patient status, quality evaluates outcomes, case management coordinates recovery, and revenue cycle and finance evaluate financial performance. Each discipline contributes something essential, but none can manage the entire episode on its own.
In my previous discussion of TEAM and CJR-X, I emphasized that episode accountability is more than bundled payment. It is bundled responsibility. Now that CJR-X is finalized, that responsibility needs to become operational through meaningful collaboration, accurate data, compliant documentation practices, and a shared understanding of performance.
January 2028 may seem distant, but establishing baseline data, evaluating workflows, strengthening interdisciplinary relationships, and developing reliable reporting processes takes time. Hospitals should not wait until the first performance year to identify gaps that may affect clinical and financial outcomes.
Hospital leadership no longer needs to ask whether this model is coming. The question is whether the professionals responsible for documentation, coding, medical necessity, quality, care coordination, and reimbursement are already working together to prepare for it. CDI needs to be part of that conversation from the beginning, not brought in only after financial or quality results raise concerns.
This article was originally published on RACmonitor.
October 16, 2026
The administration took steps to codify statutory reforms focused on maintaining accurate Medicare Advantage provider directories and collecting more pricing information from pharmacy benefit managers.
This article was originally published on Fierce Healthcare.
Author: Knicole C. Emanuel Esq. | October 15, 2026
Imagine a prosecutor who files charges, seizes the defendant’s assets before trial, and then never appears in court. No opening statement, no witnesses, no cross-examination.
The defendant hires counsel assembles the record, and argues to an empty table while the charging document sits in the file as though it proves itself. In any criminal court, that case would be dismissed.
Before a Medicare Administrative Law Judge, it is routine: the contractor that alleged the overpayment, and often has already begun recouping the money, need not show up to defend its own accusation.
The process usually starts with a RAC or UPIC audit. A Medicare contractor reviews a sample of claims, decides some were not properly supported, and often extrapolates that finding across a much larger universe of claims. A modest disagreement over documentation can become an overpayment demand worth hundreds of thousands of dollars or more. The provider must then work through redetermination and reconsideration, two levels of review run by the same contractor system that made the accusation, before it can reach a quasi-independent ALJ.
By the time the provider gets to the ALJ hearing, it has often spent heavily defending itself. It may already have had money recouped from its ongoing Medicare payments. Interest may be running. And when the hearing finally begins, the party that made the accusation is frequently nowhere to be found.
The rules permit the Centers for Medicare and Medicaid Services (CMS) and its contractors to participate in an ALJ hearing, or even to enter the case as a party. In practice, they often choose to do neither. They do not need to send a witness to explain how the audit was performed. They do not need to defend the sampling methodology. They do not need to hire attorneys, prepare a brief, or answer a single question from the judge. The accusation is simply left in the file, and the provider is left to disprove it.
That is the core of the unfairness. In almost any other setting, the party making a serious financial claim must stand behind it. A plaintiff who files suit and does not appear loses. A creditor who cannot prove a debt does not collect it. But in the Medicare overpayment process, the accuser can do nothing at all and still keep the full weight of its allegation in play. The burden, cost, and risk fall entirely on the provider.
The contractor has no skin in the game. If the audit was sloppy, its reviewers misread the medical record, or its extrapolation was statistically unsound, there is no meaningful consequence. It does not reimburse the provider’s legal fees. It does not pay a penalty for a baseless claim. At worst, it loses a case it never bothered to defend. Meanwhile, the provider may have spent years and substantial sums proving that it was right all along.
That imbalance creates a dangerous incentive. When accusations are free, there is little reason to make them carefully. Some providers, especially small practices, rural hospitals, and home health agencies operating on thin margins, simply cannot afford to fight. They settle, accept recoupment, or close their doors, not because the accusation was true, but because defending against it cost more than surrendering.
Fairness should not depend on whether a provider can afford to outlast an absent opponent. If a contractor is confident enough in its findings to demand repayment, it should be required to appear and defend them.
If it declines, the hearing should reflect that choice, and providers who prevail should have a realistic path to recover the costs of defending against unsupported claims.
Medicare program integrity matters, and so does due process. A system in which one side must show up, pay up, and prove its innocence while the other side does nothing at all is not a system built on fairness. It is a system that rewards accusation over accuracy.
Providers deserve better, and so does the Medicare program they serve.
This article was originally published on RACmonitor.