§1395vv Withholding payments from certain medicaid providers

Summary

The Secretary can reduce or hold back Medicare Part A and B payments to a provider with an agreement under section 1395cc, or to a person who took payment by assignment under section 1395u(b)(3)(B)(ii), when that provider or person also had an agreement with a State agency to give care under the State Medicaid plan (subchapter XIX) and the State agency cannot recover Medicaid overpayments or cannot get the information it needs to figure those overpayments. The Secretary must write rules to make sure the State gave proper notice and a chance to appeal or provide information, to decide how much Medicare pay should be used to offset the Medicaid overpayment, and to return any money later found to be too much. Amounts recovered must be paid from the trust funds under sections 1395i and 1395t to the State agency, which must record them as Medicaid overpayment recoveries.