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The FCA Payback on Medicare Overpayments

Client Alert | less than 1 min read | 03.07.16

In February, the Centers for Medicare & Medicaid Services issued a final rule governing the reporting and return of overpayments for items and services reimbursed under Medicare Parts A and B. A new alert discusses how the final rule clarifies when an overpayment has been identified and how efforts precedent to identifying such overpayments will be important to future enforcement efforts under the FCA.

Insights

Client Alert | 3 min read | 07.23.26

Protester Beware: Recent GAO Decision Suggests Traditional “Reasonable Possibility” Prejudice Standard May Be Evolving

It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177....