US · guidance
CMS Pub. 100-06, ch. 3, § 200.7.1
Assessment of 935 Interest
The limitation on recoupment provisions amended the way interest may be paid to a provider
whose overpayment determination is overturned in the administrative appeals process
subsequent to the second level of appeal (Reconsideration decision), or following judicial
review in a federal court.
Contractors shall calculate the 935 interest on involuntary recoupments using the date the
amount was recouped to the date of the decision.
A. The payment of 935 interest is only applicable to overpayments subject to the
limitation on recoupment provisions.
• Interest is only payable on the recouped amounts applied to the principal
balance prior to the decision.
B. Contractors shall not include any voluntary payments applied to the principal
balance for the purpose of calculating the 935 interest such as but not limited to:
a. Amounts from a check,
b. Amounts applied (recouped or check) due to an ERS agreement,
c. Amounts applied due to providers on an Immediate Recoupment Agreement
History
(Rev.12509; Isuued:02-15-24; Effective: 07-01-24; Implementation: 07-01-24)
Provenance
- Source
- cms.gov
- Retrieved
- 2026-08-25
- Edition
- iom-2026-08-25
- Content hash
c05b2059b7a3163649cae38f917587cb90fe4c7f40b5502a0d753c739470c661
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