In 1988, the Kansas legislature enacted K.S.A. 60-19a02 to limit personal injury plaintiffs’ recovery for non-economic losses such as pain and suffering, mental anguish, loss of enjoyment of life, etc.  Thirty years later, in a 4-2 decision handed down on Friday, June 14th, Hilburn v. Enerpipe Ltd. put an end to non-economic damage caps in Kansas personal injury cases.  This change does not apply to wrongful death cases or punitive damages, but it will affect non-economic damages in future medical malpractice cases as well as those currently pending in Kansas state courts.
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The 60-day repayment rule was implemented by the Centers for Medicare and Medicaid Services (CMS) effective March 14, 2016 to clarify Medicare providers’ obligations to investigate, report, and refund identified overpayments under the Affordable Care Act. The rule specifically details what it means to “identify” an overpayment and explains how to report and return identified overpayments to CMS.1 The rule also states that an overpayment must be reported and returned if it is identified within six years of the date it was received. This time period is generally referred to as the “lookback” period.
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