Follow Our List of Helpful Tips When Responding to a Medicare Audit, Part 2

Thursday, June 18, 2020
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

This is the second blog in a two part blog series on Medicare audits. It is meant to  provide helpful tips and information if you find yourself responding to an initial Medicare audit. Be sure to read part one in this series.

Tips to Help You Prepare for a Medicare Audit (Continued):

9.    Include a brief summary of the care provided to the patient with each record.  The summary is not a substitute for the medical records, but will assist an auditor that may not be experienced in a particular specialty or practice area.  Make sure that any such summaries are clearly marked as summaries with the current date they are actually prepared.  Label it accurately.  Do not allow any room for there to be any confusion that this new portion was part of the original record.
10.    Include an explanatory note and any supporting medical literature, clinical practice guidelines, local coverage determinations (LCDs), medical/dental journal articles, or other documents to support any unusual procedures or billings, or to explain missing record entries.  See item 9 immediately above.

11.    When receiving a notice of a Medicare audit, time is of the essence.  Be sure to calendar the date that the records need to be into the auditor and have the records there by that date.  Note: the due date is not the last date on which you can mail the records but rather is the date that the records must be at the auditor's office.
12.    Any telephone communication with the auditor should be followed up with a letter confirming the telephone conference.

13.    Send all communications to the auditor by certified mail (or express mail), return receipt requested so you have proof of delivery.

14.    Properly each copy of each medical record you provide and page number everything you provide the auditors, by hand, if necessary. Medical record copies often get shuffled or portions lost or damaged during copying, storage, scanning or transmission.
15.    Keep complete, legible copies of all correspondence and every document you provide.  When we provide records to a Medicare auditor, we make a complete copy for the auditor, for the client, for us (legal counsel) and two for your future expert witnesses (to challenge any audit results) to use.

16.    Consult an experienced health law attorney early in the audit process to assist in preparing the response.

The above check list is by no means comprehensive.  Nor do we mean to suggest that you should respond on your own.  The above is illustrative of the many actions that should be taken to help protect your interests when you are subjected to a Medicare audit.

For more tips and helpful information on Medicare audits, click here to watch our short video blog.

Contact Health Law Attorneys Experienced in Handling Medicaid Audits, Investigations and other Legal Proceedings.

The Health Law Firm’s attorneys routinely represent physicians, dentists, orthodontists, medical groups, clinics, pharmacies, assisted living facilities (AFLs), home health care agencies, nursing homes, group homes and other healthcare providers in Medicaid and Medicare investigations, audits and recovery actions.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Legal representation for Medicare Audit, Medicare audit attorney, Medicare fraud defense attorney, legal representation for Medicare fraud investigation, Florida Medicare audit lawyer, legal counsel for Florida Medicare Program, legal counsel for initial audit request, legal representation for Medicare claims, legal representation for allegations of overbilling Medicare, legal representation for false billing, legal representation for Medicare investigations, Florida health law attorney, reviews of The Health Law Firm, The Health Law Firm attorney reviews, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2020 The Health Law Firm. All rights reserved.


Like this blog? Add your public comments:

Items in bold indicate required information.