Health Plan Payment and Reimbursement

Ask the Experts: Managing Health Plan Overpayments

April 24, 2017 2:12 pm

I have heard there is a rule that health plans cannot recoup overpayments that are more than one year old. Does that stipulation vary by state, or is that a rule that is negotiable per contract?

Answer 1: The rule varies from state to state. For example, Alabama is 12 months while Arkansas is 18 months, and there is not limit in Alaska.

This question was answered by: David A. Williams, CPA, FHFMA, partner, Horne LLP, and a member of HFMA’s Mississippi Chapter.


Answer 2: This is an issue that you can address in the contract. Not all payers will agree to it, but it is worth a shot. Of course, federal programs can take back payments with no regard to time frames, so there is no negotiating on this point with them.

This question was answered by: Brenda Loper, regional director of access services for four Sentara Healthcare hospitals.


Answer 3: Yes, it varies by state, and yes, you should try and negotiate some limits into your contracts if possible. I would recommend negotiating time limits as well as some parameters regarding the volume of records they can review routinely each year. Health plans sometimes get offers from third-party companies promising to find issues who then come to you asking for large numbers of medical records.

This question was answered by: Ruth Landé, vice president, patient revenues, Memorial Sloan-Kettering Cancer Center, and a member of HFMA’s Metropolitan New York Chapter.


Answer 4: I concur with David’s comments. Yes, it varies by state, but not all states have regulations.

This question was answered by: Michele Marcum, CHFP, senior network manager, Aetna, and a member of HFMA’s Idaho Chapter.


What do you think? Please share your thoughts on this question in the comments section below.  

The information provided through the Forum’s Ask the Expert service does not constitute legal advice, even when the advice is provided by lawyers. You need to obtain your own legal counsel for legal advice, and consider the laws and regulations that govern your state. The content and opinions expressed are those of the Forum experts, and not that of their employers or of HFMA. HFMA does not endorse the material or warrant or guarantee its accuracy. The responses are based only on the specific facts or circumstances provided. Forum experts cannot be held liable for outcomes related to any information provided.

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