Earlier this week, BNA’s Health Care Daily Report picked up on the announcement of a settlement in two False Claims Act cases. (United States ex rel. Odumosu v. Pediatric Servs. of Am. Healthcare, N.D. Ga., No. 1:11-cv-1007; United States ex rel. McCray v. Pediatric Servs. of Am., S.D. Ga., No. 4:13-cv-127). The settlement was described by the Department of Justice and relators’ counsel as “the first of its kind” to be based upon the failure of a provider to actively investigate and identify potential overpayments. In these cases, defendant Pediatric Services of America was alleged to have been aware of systems billing errors that resulted in overpayments on certain claims, but did not take appropriate action to identify and repay those overpayments. Under the Affordable Care Act’s sixty day report and pay rule, overpayments need to be paid sixty days from date when they are “identified.” A U.S. District court judge also ruled this week in another False Claims Act case that the sixty-day clock begins when the provider is put on notice of a potential overpayment. (See blog post: Midsummer Nightmare: Opinion in Continuum Health Partners Case Suggests We Can Identify the Unknown) While these cases are unrelated, they demonstrate to providers that enforcement of the 60-day repayment is no longer a theoretical future possibility; rather, it is a current reality that providers must consider as they investigate and respond to existing compliance issues.