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Medicare Integrity Program

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Unit 8 Assignment 2
Law 205.90
Courtney Frontin
Post University
February 28, 2015

RULE
42 USCS § 1395ddd, which authorizes Medicare Integrity Program (MIP), permits Health Care Financing Administration (HCFA) to assign responsibility for local Medicare coverage policy to payment safeguard contractors (PSCs) who will run MIP under contract to HCFA, since medical review of provider activity is function of PSCs, and medical review has been consistently interpreted by HCFA to include determination of local coverage policy. Use of Program Safeguard Contractors Under Medicare Integrity Program to Establish Local Coverage Policy (9/2/99) Comp. Gen. Dec. No. B-282777, 1999 US Comp Gen LEXIS 158. Secretary of Department Health and Human Services was properly granted summary judgment because statute could reasonably be construed to permit delegation to outside contractor authority to determine whether provider's Medicare reimbursement claims exhibited "sustained or high level of payment error." Gentiva Healthcare Corp. v Sebelius (2013, App DC) 723 F3d 292.
ISSUE
In case in which Medicare provider argued that 42 USCS § 1395ddd (f) (3) barred Secretary of U.S. Department of Health and Human Services' (Secretary) sub delegation of sustained or high level of payment error inquiry to Medicare contractors, 42 USCS § 1395kk (a), which granted Secretary power to perform any of functions under that subchapter directly, or by contract, as she may deem necessary was affirmative evidence of her authority to sub delegate to outside entity. Gentiva Healthcare Corp. v Sebelius (2012, DC Dist Col) 857 F Supp 2d 1.
QUESTION
In case in which Medicare provider sought judicial review of contractor's determination regarding reimbursements, pursuant to 42 USCS § 1395ddd (f) (3). Was district court precluded from reviewing that determination; language of statute was clear and

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