RAC Program

Introduction

Before understanding how a Medicare audit works, we should review the RAC program , where did it come from? How did we get here?

The Tax Relief and Health Care Act of 2006 required a national RAC program for 2010. Whether or not you intended to overbill, the red flags are raised when health care providers submit claims that are not aligned with CMS coding policy.

The Conflict of Interest in RAC Audits

Here is the kicker… RAC auditors are subcontracted by the government. Being independent, they are supposed to offer up the most fair audit techniques and outcomes. However, the nuance is that they are compensated based on how much overbilling is uncovered.

How does this all make sense? Just like a government auditor, the RAC auditor’s job is to uncover unjustified billing. Nonetheless, there is an obvious conflict of interest where a person is compensated based on their ability to “find” more money.

For this reason, we highly disagree with the RAC audit procedure and their intentions.

RAC’s Mission Statement

Per RAC, here is their mission:

  • The RACs detect and correct past improper payments so that CMS and Carriers, FIs, and MACs can implement actions that will prevent future improper payments.

  • Providers can avoid submitting claims that do not comply with Medicare rules.

  • CMS can lower its error rate.

  • Taxpayers and future Medicare beneficiaries are protected.

Purpose of the RAC System

Essentially, this is a system that is set up to provide protection for the government from medical provider overbilling.

We work to ensure that the “protection” is not a one-way system where the government simply takes back payments at their subjective discretion.

 

Frequently Asked Questions

What is a Medicare RAC audit?

A Medicare RAC (Recovery Audit Contractor) audit is a review conducted by independent contractors to identify and recover improper Medicare payments made to healthcare providers. These audits focus on overbilling, miscoded claims, and services that were not medically necessary.

Why is there controversy around RAC audits?

The controversy stems from the way RAC auditors are compensated. They earn a percentage of the overpayments they recover, which critics argue creates a conflict of interest and may incentivize aggressive or unfair audit practices.

What is the purpose of the RAC program?

The primary purpose of the RAC program is to protect Medicare funds by detecting and correcting improper payments. This helps CMS reduce error rates and ensures compliance with Medicare billing policies.

Can RAC audits be appealed?

Yes, providers have the right to appeal RAC audit findings. The appeals process includes multiple levels of review, and providers are encouraged to challenge inaccurate or unjustified findings with proper documentation and legal support.

How can providers avoid RAC audit issues?

To avoid issues, providers should stay up to date with CMS billing rules, conduct regular internal audits, and ensure accurate coding and documentation for all claims. Proactive compliance helps reduce the risk of red flags and potential audits.

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