In my opinion this is key....Per OIG....
In CMS’s January 30, 2018, letter notifying Sleep Management of its intent to terminate the prepayment suspension, CMS stated, “[p]lease be advised that this action to terminate your payment suspension should not be construed as any positive determination regarding your Medicare billing, nor is it an indication of government approval of or acquiescence regarding the claims submitted. It does not relieve you of any civil or criminal liability, nor does it offer a defense to any further administrative, civil or criminal actions against you.”
The statement in CMS’s January 30, 2018, letter makes it clear that the prior review made no positive determinations and was not meant to preclude future reviews of Sleep Management’s claims or to serve as evidence that Sleep Management’s claims were free of substantial errors. Therefore, Sleep Management’s comments regarding our sampling frame and sample are unfounded.