We Assist With Medicare Overpayment Appeals

At some point, nearly every health care provider, including sole practitioners, home health agencies, durable medical equipment providers, physician groups and ambulance companies will receive a demand for an overpayment from Medicare.

At Rivas Goldstein, LLP, our attorneys provide comprehensive representation in overpayment matters and handle all stages of Medicare overpayment appeals. Our attorneys provide comprehensive representation in overpayment matters, from responding to ZPICs "Safeguard Services" (Zone Program Integrity Contractors) through handling all stages of an overpayment appeal.

How Are Overpayment Determinations Made?

The government contracts with a number of entities who have authority to make overpayment determinations. Some of these include Recovery Audit Contractors (RACs), Medicaid Integrity Contractors (MICs), ZPICs "Safeguard Services" and Medicare Administrative Contractors (A/B/MACs).

Often, the government claims millions of dollars of overpayments based on faulty methods of extrapolation. The attorneys at Rivas Goldstein, LLP, have been very successful in contesting overpayments based on extrapolation.

How Does The Appeal Process Work?

The process is the same for all health care providers, from physicians to home health agencies to suppliers. There are five levels of the Medicare appeal. Our New York City lawyers are able to represent clients at any and all of these levels:

  • Level 1 — Request for redetermination: At this stage, the provider requests that the Medicare contractor reevaluate the overpayment allegation. The contractor will provide a written decision either changing the initial determination or denying the claim. If the claim is denied, go to level 2.
  • Level 2 — Request for reconsideration: Here, Medicare overpayment appeals are assessed by a qualified independent contractor (QIC) chosen by the Centers for Medicare & Medicaid Services (CMS). Legal counsel is valuable at this level because it is the last chance for a provider to submit new documentation to challenge the overpayment allegation.
  • Level 3 — Request for OMHA ALJ hearing: Providers who are not satisfied with the outcome of reconsideration can request a hearing before an administrative law judge (ALJ) at the Office of Medicare Hearings and Appeals (OMHA). This process includes a discovery phase and witness testimony, much like a civil lawsuit.
  • Level 4 — Medicare Appeals Council (MAC): If the ALJ decision is not satisfactory to the provider, the matter can be taken to the MAC. This is an entirely written appeal. Our attorneys handle the entire proceeding on your behalf.
  • Level 5 — Federal District Court: The last avenue of appeal for providers and suppliers is to file a lawsuit in federal court. Only an attorney admitted to practice before a federal court can present these cases.

Experience You Can Trust In Overpayment Appeals

The health care law team at Rivas Goldstein, LLP, has the collective knowledge, experience and resources needed to see an overpayment appeal through to its completion. We thoroughly analyze the situation, including the error rates, extrapolation techniques used by the contractor. We look strategically at each case, testing the legal and factual bases for the overpayment determination.

We attend all hearings, ensuring that our clients have the opportunity to clear the record. We also undertake negotiations to reduce the amount a client owes in fines or reimbursements for alleged overpayments.

Contact A New York Medicare Overpayment Appeal Attorney

If you have received an overpayment determination, Rivas Goldstein, LLP, can help you appeal it. For a consultation, please call 212-541-2451 or contact our New York law firm online.