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Provisions of Final Regulations: Medicare Advantage Program and Part DAmending the Standard for When an Overpayment Is Identified ( 422.326(c) and 423.360(c)) In the December 2022 proposed rule, CMS proposed to remove the existing standard for when an overpayment is identified in the Medicare Advantage and Part D programs and adopt, by reference, the False Claims Act definition of knowing and knowingly. This section of the final rule amends 422.326(c) and 423.360(c) to change the standard for an identified overpayment in the Medicare Advantage and Part D programs to align with the statutory obligation provided by Congress in section 1128J(d)(4)(A) of the Act, which provides that the terms knowing and knowingly have the meaning given those terms in the False Claims Act at 31 U.S.C