HHS Denied Second Shot at Medicare Advantage Overpayment Rule

A federal court won’t reconsider its decision to vacate a rule setting out how the Health and Human Services Department determines when it has overpaid a Medicare Advantage insurer and how much the insurer must repay it.

The agency’s study of a “fee-for-service adjuster” dropped from the overpayment rule by the Centers for Medicare & Medicaid Services in 2014 didn’t constitute new evidence unknown to the agency during litigation over the rule, the U.S. District Court for the District of Columbia said Monday.

The study itself wasn’t finalized until after Judge Rosemary M. Collyer determined in September 2018 that the ...