A. A medicaid provider or subcontractor may challenge:(1) the department's preliminary or final determination of overpayment as:(a) exceeding statutory authority;(b) arbitrary or capricious;(c) a failure to follow department procedure; or(d) not supported by substantial evidence; (2) the credentials of persons who participated in the audit or claims review; or(3) the methodology or accuracy of the department's audit.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.ANNOTATIONSEffective 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.
New Mexico Legal Code