Medicaid Overpayment Successfully Challenged

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An overpayment assessment by the Florida Agency for Health Care Administration against a  physical, occupational and speech therapy practice represented by Nicholson & Eastin, LLP was reduced by nearly 60% following a hearing before an Administrative Law Judge.  During the hearing, Nicholson & Eastin, LLP attorney Erin Bengele aggressively attacked the basis for the overpayment, citing multiple Medicaid rules and regulations that did not explicitly dictate documentation requirements Medicaid was relying upon to assess the overpayment.  After more than eight hours of testimony and legal argument, the ALJ ruled that documentation created and submitted by the provider was compliant with Medicaid rules and regulations on most of the services, and substantially reduced the overpayment.