Medicare and Medicaid Repayments and Disclosures

Meeting Refund and Reporting Obligations to Comply with FERA, FCA and the ACA

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, November 5, 2014
Recorded event now available

This CLE webinar will provide guidance for healthcare counsel on the legal obligations, benefits, incentives and risks of reporting and repaying improper Medicare payments. The panel will examine the impact of the Affordable Care Act and CMS’s proposed overpayment rule, and outline practical steps to take in response to these changes.


Healthcare providers must report and return overpayments to Medicare and Medicaid, regardless of whether the overpayment resulted from a Medicare contractor error or provider error. Overpayments could occur in a variety of circumstances—the claim was for services not covered by Medicare or not medically necessary, the payment was for a higher level of services than were actually performed, the payment was for a Stark law prohibited violation, etc.

Healthcare reform increases the pressure on healthcare providers to return Medicare and Medicaid overpayments in a timely manner. Providers that improperly fail to report and refund overpayments risk violating the False Claims Act.

Healthcare providers must determine the amount of overpayment, the reporting and refund obligations, and the government’s recovery rights when considering whether and when to make disclosures and repayments to Medicare and Medicaid.

Listen as our authoritative panel of health law attorneys examines the legal obligations, benefits, incentives and risks of disclosure and repayment, and the impact of the ACA on mandatory repayment requirements. The panel will offer practical steps to take in response to the latest legal changes.


  1. Medicare requirements for overpayment
  2. Benefits, incentives, risk of disclosure
  3. Rules of the road in investigating and responding to potential overpayments


The panel will review these and other key issues:

  • What are the obligations concerning potential overpayments?
  • What are the benefits and incentives for refunding and disclosing overpayments? What are the risks?
  • When is disclosure to law enforcement warranted? What is the difference between a law enforcement disclosure and a repayment?
  • What factors should healthcare providers consider when determining where to make a disclosure?
  • What is the government doing to enforce the 60 day rule to refund overpayments?


Robert L. Roth, Partner
Hooper Lundy & Bookman, Washington, D.C.

Mr. Roth advises clients on matters arising under Medicare and Medicaid, focusing on payment, compliance, and licensing issues. He handles matters such as reimbursement, overpayment refunds/disclosure, and coordination of benefits. He previously served in the Office of the General Counsel of the Department of Health and Human Services, assigned to the predecessor agency to the Centers for Medicare & Medicaid Services.

Jesse A. Witten, Partner
Drinker Biddle & Reath, Washington, D.C.

Mr. Witten counsels on health law issues, including Medicare and Medicaid reimbursement and price reporting requirements, compliance with Anti-Kickback and Stark laws, and implementation and operation of corporate compliance programs. He previously served as a Deputy Associate Attorney General in the U.S. Department of Justice where his duties included co-chairing the DOJ's Healthcare Fraud Task Force.


CLE On-Demand - Streaming Audio

Includes recorded streaming audio of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Audio $297.00

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Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Program Materials

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CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

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Customer Reviews

The presentations provided great insight.

Josh WInslow

Pabian & Russell

The program alerted me to the issue and related potential questions and problems.

Jon Deane

Gaffey Deane & Talley

It was a very good presentation of complex material, managed in an understandable format. The information will be useful in my practice.

Jay H. McDowell

Withers Bergman

I thought Strafford’s program was very clear and straightforward.

Meg Mazzone

Sarah Cannon Research Institute

I appreciated the speakers' insight and was pleasantly surprised how helpful I found the presentation.

Heidi Brasher

McAfee & Taft

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Health Law Advisory Board

Lowell C. Brown


Arent Fox

Jennifer L. Evans



Ryan S. Johnson


Fredrikson & Byron

Gina M. Kastel


Faegre Baker Daniels

Karen S. Lovitch


Mintz, Levin, Cohn, Ferris, Glovsky and Popeo

David A. Manko


Proskauer Rose

John J. Miles

Senior Counsel

Baker Donelson

C. Elizabeth O'Keeffe


Wyatt, Tarrant & Combs

J. Peter Rich


McDermott Will & Emery

Donald H. Romano

Of Counsel

Foley & Lardner

Judith A. Waltz


Foley & Lardner

John R. Washlick


Buchanan Ingersoll & Rooney

Jesse A. Witten


Drinker Biddle & Reath

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.