1. A. A medicaid provider or subcontractor may challenge:

   1. (1) the department's preliminary or final determination of overpayment as:

      1. (a) exceeding statutory authority;
      2. (b) arbitrary or capricious;
      3. (c) a failure to follow department procedure; or
      4. (d) not supported by substantial evidence;
   2. (2) the credentials of persons who participated in the audit or claims review; or
   3. (3) the methodology or accuracy of the department's audit.
2. B. A medicaid provider or subcontractor may, but shall not be required to, conduct its own audit or sampling to challenge a preliminary or final determination of overpayment.

History: Laws 2019, ch. 215, § 10.

ANNOTATIONS

Effective dates. — Laws 2019, ch. 215, § 20 made Laws 2019, ch. 215 effective January 1, 2020.

Severability. — Laws 2019, ch. 215, § 19, provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.