Stephanie Webster Quoted by BNA on Appellate Court Ruling in Medicare Repayment Order Case

Akin Gump health partner Stephanie Webster was quoted in the BNA Medicare Report article “10th Cir. Overturns Medicare Repayment Order, Chides CMS,” following a decision by the U.S. Court of Appeals for the 10th Circuit that the Centers for Medicare & Medicaid Services (CMS) applied the wrong regulations to a case involving a Kansas home care provider.

The article reports, the court found that CMS relied on regulations that were not in effect in 2008, the year services were provided to Medicare beneficiaries. As a result, the provider avoided a Medicare overpayment action of more than $855,000.

Webster said the case is “a positive development for providers . . . [that] reinforces the need for a limit on the agency’s ability to change the rules of the game without giving fair notice.”