Potentially, yes. An attorney who has intimate knowledge of the Medicare billing regulations and who has extensive experience in healthcare fraud defense will be able to identify flaws in RAC auditors' processes and procedures and challenge inaccurate findings before they are formalized in a final determination and payments are needed.
While one option is to let the process run its course and then file an appeal, the less-risky (and typically less-expensive) option is to take a proactive approach to defending against an RAC examination. The goal to this approach is to avoid the need to rely on the appellate process.