CMS Expands the Accelerated and Advance Payment Program in Response to COVID-19
CMS Expands the Accelerated and Advance Payment Program in Response to COVID-19

On March 28, 2020, the Centers for Medicare & Medicaid Services (“CMS”) announced that the agency would provide relief to Medicare providers and suppliers by expanding the Accelerated and Advance Payment Program for the duration of the COVID-19 public health emergency.  According to CMS’ guidance, to qualify for accelerated or advance payments, the provider or supplier must:

  • Have billed Medicare for claims within the prior 180 days
  • Not be in bankruptcy
  • Not be under active medical review or program integrity investigation
  • Not have any outstanding delinquent Medicare overpayments 

That is good news for most providers and suppliers. 

On the other hand, CMS has yet to clarify the scope of these eligibility criteria.  For example, what type of existing audit would qualify as an “active medical review,” thereby rendering a provider or supplier ineligible for the program?

To exacerbate the uncertainty, the Medicare Administrative Contractors (“MACs”) have developed inconsistent certification language on their Accelerated and Advance Payment Request forms.  For example, in one case, the MAC requires a provider or supplier to certify that it is not currently in bankruptcy on the form.  In another case, a provider or supplier is only required to certify that it “has no plans to file for bankruptcy” and “cease doing business.”

We have delved into some of these eligibility questions which invariably have required a case-by-case review.  If your organization is unsure about its eligibility or application for accelerated and advance payment by Medicare, we are available to assist.

  • Raja  Sékaran
    Partner

    Raja Sékaran has practiced in the healthcare industry for twenty-five years. He represents healthcare delivery systems, health plans, hospitals, Federally Qualified Health Centers, dialysis centers, medical groups, medical ...

  • Ming  Chuang
    Associate

    Ming Chuang counsels health plans and providers on regulatory compliance matters. He has experience with laws and regulations related to telehealth, health care information technology, patient care collaborations, and ...

Our Health Law Ticker is a one-stop resource for everything new and noteworthy in healthcare law.  We cover recent developments in healthcare legislation, healthcare reform, Medicare/Medicaid, managed care, litigation, regulatory compliance, HIPAA, privacy, peer review, medical staffs and general business operations for healthcare companies and licensed healthcare professionals.

Stay Connected

RSS RSS Feed

Categories

Archives

View All Nossaman Blogs
Jump to Page

We use cookies on this website to improve functionality, enhance performance, analyze website traffic and to enable social media features. To learn more, please see our Privacy Policy and our Terms & Conditions for additional detail.