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(RFP) for Recovery Audit Contractor (RAC) - Texas Health and ...

(RFP) for Recovery Audit Contractor (RAC) - Texas Health and ...

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Underpayment amounts shall only be on this report if the identified<br />

underpayments have been paid to the provider by HHSC (in summary <strong>and</strong> detail);<br />

c. The net recovery amount (overpayments minus underpayments) must be itemized on<br />

each monthly bill. It was the intention of the federal government <strong>and</strong> HHSC that the<br />

contingency fee amount not be greater than the revenue generated from such reviews;<br />

there<strong>for</strong>e, the majority of the work shall be geared toward the identification <strong>and</strong> recovery<br />

of overpayments;<br />

d. Total amount of payments received by the <strong>RAC</strong> contractor from HHSC since the<br />

previous invoice;<br />

e. Net amount due the <strong>RAC</strong> contractor as of the date of the invoice; <strong>and</strong>,<br />

f. The selected <strong>RAC</strong> will not receive reimbursement <strong>for</strong> overpayments identified, only on<br />

amounts actually collected from the Medicaid providers. The collection process can be<br />

delayed based on provider appeals. Predicated on HHSC’s past experience, the appeal<br />

process normally takes between four to six months. HHSC’s decision on any provider<br />

appeal is the final decision <strong>and</strong> the case will be considered closed. Additionally, there is<br />

no further avenue <strong>for</strong> the <strong>RAC</strong> to appeal the final decision made by HHSC.<br />

6.3.1 Contingency Fees<br />

The <strong>RAC</strong> shall be paid a percentage of the actual overpayment recoveries by HHSC, in addition<br />

to an underpayment contingency or fixed fee, based on amounts actually paid by HHSC to the<br />

providers during each preceding month. Actual recoveries are the overpayment amounts<br />

refunded to HHSC by the providers, whether by check or through a debit adjustment to their<br />

Medicaid reimbursement. If the provider is refunding the overpayment in installments, the <strong>RAC</strong><br />

fee will be based on the actual amounts paid as they are received by HHSC. The <strong>RAC</strong><br />

payments will only be based on a contingency fee payment <strong>for</strong> overpayment amounts recovered<br />

plus contingency or fixed fees on underpayments discovered that are paid to the providers, not<br />

on overpayments or underpayments identified.<br />

In its separate sealed Cost Proposal (see Section 3.15.10), the <strong>RAC</strong> should propose<br />

percentage rate(s) (which must not exceed the lower of 12.5%, or the highest rate paid to<br />

Medicare <strong>RAC</strong>s, as published in the Federal Register) using the pricing matrix provided with<br />

this <strong>RFP</strong> (Attachment A) <strong>for</strong> the contingency fee of overpayments collected, <strong>and</strong> underpayments<br />

discovered that are paid to the providers based on the three payment methodologies listed<br />

below.<br />

<br />

The first payment methodology listed in the pricing matrix takes into consideration the<br />

audit result (overpayment or underpayment) <strong>and</strong> the level of difficulty of the review<br />

(automated or complex). A review will be considered automated if the <strong>RAC</strong> did not<br />

need to examine medical documentation to determine the existence of an improper<br />

payment, <strong>and</strong> it will be considered complex if the <strong>RAC</strong> did examine medical<br />

documentation to determine the existence of an improper payment.<br />

Based on the audit result <strong>and</strong> level of difficulty, the appropriate contingency percentage<br />

will be located on the fee table provided by the <strong>RAC</strong>. This percentage will be applied to<br />

50

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