Legal Question in Health Care Law in Wisconsin
statute of limitations for recovery of overpayments
What is the federal medicare and medicaid statute of limitations for recovery of overpayments to a health care provider -- assume that no fraud was invovled -- and then assume that fraud might be possible.
1 Answer from Attorneys
Re: statute of limitations for recovery of overpayments
If an overpayment is kept wrongly, and a false record or document is prepared in order to retain an overpayment, that would fall under the Reverse False Claims provision of the False Claims Act, 31 USC section 3729(a)(7). The civil statute is six years, and the government may have ten years in some cases, depending on the facts involved.
False Claims Act cases permit the relator who discloses the fraud to receive a "bounty" of between 15% and 30% of the amount recovered, again, depending on how the case is handled. The usual percentage is about 18-20%
If you believe you have a cause of action under this Act, please contact me as I have represented relators in these kinds of proceedings in many different jurisdictions.
Sincerely,
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