It is well documented that Medicare Recovery Auditors (RAC) have a poor record of accuracy. In fact, the most recent Centers for Medicare & Medicaid Services (CMS) RAC report to Congress stated that nearly 44 percent of provider-appealed RAC determinations are overturned.
By delaying the assignment of cases to an administration law judge for more than two years, OMHA is denying due process which is predicated on the timely disposition of disputes for physicians and other providers who experience erroneous determinations by Medicare contractors.
Read the entire letter here. Watch the Bulletin for updates on the response.