Barraclough has been working in the area of statistical sampling for more than ten years. Over time, it has seen a deterioration in the standards for statistical sampling. In essence, the current rules indicate that the contractor is not required to follow any specific statistical methodology or even follow many of the guidelines in the Medicare Program Integrity Manual (MPIM). In the MPIM, Chapter 3, Section 126.96.36.199 it states that:
“Failure by the [contractor] to follow one or more of the requirements contained herein does not necessarily affect the validity of the statistical sampling that was conducted or the projection of the overpayment.
An appeal challenging the validity of the sampling methodology must be predicated on the actual statistical validity of the sample as drawn and conducted.
Failure by the [contractor] to follow one or more requirements . . . should not be construed as
necessarily affecting the validity of the statistical
sampling and/or the projection of the overpayment.”
The language quoted from the MPIM seems to indicate that no appeal may be based on the sampling methodology.
No matter how the contractor arrives at their sample, it does not seem to be reviewable.
Note: This was quoted In the Case of Maxxim Care, EMS (February 25, 2010)