Colorado’s health care department would be able to use statistical samples to recover certain Medicaid overpayments, with review rights for affected providers.
For audits that begin after July 1, 2026, the health care department may use statistically valid sampling to recover Medicaid overpayments for certain earlier services.
If an earlier audit finds an error rate above 10%, later services may be audited the same way; providers must receive detailed notice and a chance to challenge recovery.
Covered audits must receive an independent review, with yearly reports to legislative committees; audit contractors may not be paid based on recovery percentages.
If the 2026–27 state budget becomes law, the act adjusts Medicaid funding, subject to exceptions when the budget provides too little or no funding for these services.
The state health care department may use a statistically valid sample and extrapolation to determine and recover Medicaid overpayments. This applies to providers of nonemergency medical transportation or pediatric behavioral therapy, including applied behavior analysis, for services provided from January 1, 2022, through December 31, 2023. The sampling and extrapolation must follow nationally recognized, generally accepted statistical principles, standards, and methods. The audit must begin after July 1, 2026, and the authority applies to the specified services provided from January 1, 2022, through December 31, 2023.
An auditor may use the same sampling method for later services when an earlier audit finds an error rate above 10%; the department must give notice before recovery. The follow-up audit covers the same transportation and pediatric behavioral therapy providers and services provided from January 1, 2024, through December 31, 2025. The earlier audit must identify a statistically significant pattern, defined here as a claims error rate above 10%. The notice must explain the alleged overpayment, calculation method, claim samples, findings, and other information needed to review the analysis. Before recovery begins, the provider may seek informal reconsideration or file a formal appeal. The follow-up authority applies to services provided from January 1, 2024, through December 31, 2025; the department must issue notice within 60 days after identifying an alleged overpayment.
The state auditor must examine each covered audit for proper sampling and extrapolation, and report the findings each year until those audits are complete. The examination covers audits of providers of nonemergency medical transportation or pediatric behavioral therapy conducted under the sampling authority. A private audit contract under this authority may not pay the contractor a percentage of the recovery collected from a provider. The annual reports continue until the covered audits are complete.
The act adjusts the 2026–27 Medicaid appropriation by reducing general funds and increasing cash funds from recoveries and recoupments. The adjustment concerns the department’s funding for medical and long-term care services for Medicaid-eligible people. The general-fund reduction does not apply if the annual budget provides less funding than the required adjustment or provides no funding for these services. The listed adjustment assumes federal funding will decrease by $6,861,775. This budget section takes effect only if the 2026–27 annual budget becomes law, and then starts on the later effective date of this act or that budget.
No hearings or votes scheduled.