- Posts by Jean-Claude Velasquez
Associate“The law was my second career—health care was my first. That experience shapes how I approach every client matter: with an understanding of the strategic and operational realities that give legal advice its meaning.” ...
On May 21, 2025, the Centers for Medicare & Medicaid Services (CMS) announced[1] an aggressive plan (Plan) to expand its efforts to address fraud, waste, and abuse in Medicare Advantage (MA). By engaging with enhanced technology and significantly expanding its workforce, CMS states that it intends to audit every eligible MA contract for Payment Years (PY) 2018 through 2024 and recover on all prior audits conducted by CMS and the Office of Inspector General (OIG). Historically, CMS has only selected a small subset of contracts (approximately sixty) for each PY audited. CMS is currently completing PY2018 Risk Adjustment Data Validation (RADV) audit but has yet to issue findings or payment recovery demands for any audit completed. CMS has similarly not taken material action regarding the so called “OIG audits”.
Background
CMS Audit Methodology. CMS officially launched its RADV audit program in 2008. The audit methodology employed by CMS has evolved over the years through various rule making efforts and sub-regulatory issuances. CMS’s proposed rule in 2010 set forth an audit methodology to review a risk stratified 201-member sample, where all risk adjusted Hierarchical Condition Categories (HCCs) for each member would be reviewed and checked for errors.[2] Finalizing this methodology in 2012[3], CMS then conducted audits on PY2012 and 2013 utilizing this approach. The presumption was that CMS would extrapolate and recoup such amounts. However, CMS did not issue final agency actions requiring substantial repayments or extrapolation.
Recent Updates
- Comment Period Closes on California OHCA’s Proposed Emergency Regulations Expanding Private Equity, Hedge Fund, and MSO Reporting in Health Care Transactions
- DOJ Revises Justice Manual on Non-Binding Guidance and Qui Tam Dismissals: Practical Considerations
- Additional SBA Crackdown on Pandemic-Era Fraud Leads to Program and Loan Suspensions, Possible FCA Enforcement
- Federal Regulatory Views on Cybersecurity and AI Amidst a Growing Threat Landscape
- Remote Monitoring Services Under the 2027 PFS Proposed Rule: Epstein Becker Green Submits Comments to CMS