Dive Brief:

The Trump administration will continue to fight in court over a Biden-era regulation that would audit Medicare Advantage plans and claw back billions of dollars in overpayments.

In a Friday filing, the federal government said it would appeal a judge’s decision from September that vacated the Medicare Risk Adjustment Data Validation, or RADV, rule for violating the Administrative Procedures Act.

The move to take the case to the Fifth Circuit Court of Appeals comes as regulators have said they’ll crack down on MA overpayments, including through a plan this spring to increase audits .

Dive Insight:

The RADV rule, finalized in early 2023 , would have allowed the CMS to take a sample of MA beneficiaries to find diagnoses suggesting an insurer was inflating their illnesses

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