We would like to remind all providers that, under current New York and Federal laws and regulations, they are obligated to report, explain and repay overpayments within calendar 60 days of identification. Those that fail to disclose, explain and repay the overpayment in a timely manner may be subject to liability under the New York and Federal False Claims Act.

Identifying and reporting compliance issues and refunding overpayments is also an essential component of a provider’s obligation to adopt and implement effective compliance programs that are mandatory in New York for certain Medicaid providers. In most circumstances, self-disclosure will result in a better outcome than if New York Office of Medicaid Inspector General ("OMIG") staff had discovered the matter independently. Potential benefits may include:

• Forgiveness or reduction of interest payments (for up to two years) 
• Extended repayment terms
• Waiver of penalties and/or sanctions 
• Timely resolution of the overpayment 

Recognition of the effectiveness of the provider’s compliance and decrease the likelihood of imposition of an OMIG corporate integrity agreement (CIA).  We have drafted numerous effective compliance programs that have met the criteria set forth by the NY Department of Health and OMIG.  For more information concerning Medicaid and other compliance programs, contact our healthcare attorneys at 718-787-9500 or at This email address is being protected from spambots. You need JavaScript enabled to view it.