Payer Audit Help

How far back can an insurer claw back?

State recoupment limits for therapists · updated 2026-10-17 · 22 of 51 checked against the statute text

When an insurer or its auditor asks for years of progress notes and then for money back, the first question is how far back it is allowed to go. Most states put a time limit on recouping a paid claim. The exceptions decide most real cases, so they're listed for every state.

Read this first. This is legal information, not legal advice. For a large demand or anything that mentions fraud, talk to a healthcare attorney before you answer.

Changing from 2027

Got a letter or a records request? Tell us what happened (no client details): a 10-minute form. Or ask for help with a response plan; we're testing a done-for-you checklist and cover-letter draft built from the auditor's letter, with client details removed.

State by state

Alabama

Checked against FindLaw's copy of the statute (source, 2026-10-17)

Limit
12 months (or the contract's claim-filing period if shorter)
Counted from
initial claim payment
Exceptions
fraud; coordination of benefits (18 months); duplicate payments
Statute
Ala. Code § 27-1-17(e)-(g)
Also
notice must give the reason; adjustments for medical necessity, level of service or coding must be reconciled to specific claims; provider may dispute within 30 days and then has 6 months to file a revised claim; FindLaw current as of 2024-12-30

Alaska

Not checked yet: from a November 2025 survey of state laws

Limit
365 days
Counted from
original payment
Exceptions
fraud or other intentional misconduct (clear and documented reason)
Statute
3 AAC 26.110
Also
regulation

Arizona

Checked against the statute on the state's official site (source, 2026-10-17)

Limit
1 year
Counted from
insurer paid or denied the claim
Exceptions
fraud
Statute
A.R.S. § 20-3102(J)
Also
same period applies to provider adjustments; contract may set an equal period for both

Arkansas

Sources disagree; not resolved yet (source, 2026-10-17)

Limit
unresolved (survey: 18 months; FindLaw page: 120-day notice for verification errors)
Counted from
insurer paid the claim
Exceptions
fraud by the provider
Statute
Ark. Code § 23-63-1803
Also
written notice of intent to recoup required; recheck on arkleg.state.ar.us

California

Checked against FindLaw's copy of the statute (source, 2026-10-17)

Limit
365 days (written request)
Counted from
date of payment
Exceptions
fraud or misrepresentation by the provider
Statute
Cal. Ins. Code § 10133.66(b)
Also
notice must identify claim, patient, date of service and the reason; covers health insurers under the Insurance Code; Knox-Keene plans (most HMOs, Blue Shield) have their own rule, not checked; FindLaw current as of 2026-01-01

Colorado

Checked against FindLaw's copy of the statute (source, 2026-10-17)

Limit
12 months (contract may set less)
Counted from
original explanation of benefits
Exceptions
carrier reported provider fraud or abuse; risk-sharing reconciliation; COB with federal plans (36 months from service)
Statute
C.R.S. § 10-16-704(4.5)
Also
applies to contracted (ceiling) and non-contracted providers; FindLaw current as of 2025-01-01

Connecticut

From a secondary source; statute text not checked yet (source, 2026-10-17)

Limit
18 months (administrative or eligibility error)
Counted from
receipt of a clean claim
Exceptions
fraud; billing not supported by documentation; duplicate payment; government program; COB
Statute
Conn. Gen. Stat. § 38a-479b
Changing
12 months from 2027-01-01 (PA 26-56; also extends to other insurers)
Also
limit covers administrative/eligibility errors only; 'did not bill appropriately based on the documentation' is an exception, which is what a note audit alleges

Delaware

Not checked yet: from a November 2025 survey of state laws

Limit
12 months
Counted from
original payment
Exceptions
none stated in the text we read
Statute
18 Del. C. § 2730
Also
initiated = first audit report or similar communication

District of Columbia

Not checked yet: from a November 2025 survey of state laws

Limit
6 months (18 for coordination of benefits)
Counted from
insurer paid the provider
Exceptions
none stated in the text we read
Statute
D.C. Code § 31-3133

Florida

Checked against the statute on the state's official site (source, 2026-10-17)

Limit
30 months
Counted from
insurer's payment of the claim
Exceptions
providers convicted of fraud (s. 817.234)
Statute
Fla. Stat. § 627.6131(6)
Also
provider must pay, deny or contest within 40 days; written notice within 35 days if contesting; 2025 statutes

Georgia

Checked against FindLaw's copy of the statute (source, 2026-10-17)

Limit
sooner of 18 months after submission or 24 months after service
Counted from
claimant's initial submission / date of service
Exceptions
precertified claims generally can't be reopened
Statute
O.C.G.A. § 33-20A-62(b)
Also
prior written notice naming the claim and reason, no later than 12 months after first submission; FindLaw current as of 2024-03-28

Hawaii

Not checked yet: from a November 2025 survey of state laws

Limit
18 months (72 for fraud or material misrepresentation)
Counted from
initial claim payment received
Exceptions
self-insured employer groups; national networks; federal programs; COB
Statute
HRS § 431:13-108

Idaho

No limit found yet; not researched

Illinois

Checked against FindLaw's copy of the statute (source, 2026-10-17)

Limit
12 months
Counted from
original payment
Exceptions
formal finding of fraud or material misrepresentation by a court, agency, tribunal or arbitrator; CHIP administration; paid in full by another payer; federal Medicaid requirement
Statute
215 ILCS 5/368d(c)
Also
contracts can't override it; the last sentence of (c) still says '18-month', operative text says 12; FindLaw current as of 2025-01-01

Indiana

Checked against FindLaw's copy of the statute (source, 2026-10-17)

Limit
2 years
Counted from
overpayment made
Exceptions
fraud by the provider, the insured or the insurer
Statute
Ind. Code § 27-8-5.7-10
Also
FindLaw current as of 2026-01-01

Iowa

Not checked yet: from a November 2025 survey of state laws

Limit
2 years (audit)
Counted from
submission of the claim
Exceptions
reasonable basis to suspect fraud
Statute
191 IAC 15.33
Also
limits audits; records requests still allowed

Kansas

Checked against FindLaw's copy of the statute (source, 2026-10-17)

Limit
18 months
Counted from
end of the month of the erroneous payment
Exceptions
fraud (general statute of limitations applies)
Statute
K.S.A. 40-2442(f)
Also
FindLaw current as of 2025-01-01

Kentucky

Checked against FindLaw's copy of the statute (source, 2026-10-17)

Limit
24 months
Counted from
insurer paid the claim
Exceptions
fraud
Statute
KRS § 304.17A-708
Also
written or electronic statement of the basis required; FindLaw current as of 2025-01-01

Louisiana

Checked against FindLaw's copy of the statute (source, 2026-10-17)

Limit
18 months
Counted from
initial claim paid
Exceptions
Office of Group Benefits (state employees) not covered
Statute
La. R.S. 22:1838(F)
Also
services rendered in good faith; FindLaw current as of 2023-01-01

Maine

No limit found yet; not researched

Maryland

Checked against FindLaw's copy of the statute (source, 2026-10-17)

Limit
6 months (18 for coordination of benefits)
Counted from
carrier paid the provider
Exceptions
fraud; improperly coded (if coding guidelines were given 30+ days before the service); duplicates; Medicaid capitation withdrawal
Statute
Md. Ins. Code § 15-1008(c),(e)
Also
written statement of the basis required; 'improperly coded' exception matters for 90837 audits; FindLaw current as of 2025-01-01

Massachusetts

Checked against the statute on the state's official site (source, 2026-10-17)

Limit
12 months (behavioral health claims)
Counted from
provider submitted the claim
Exceptions
fraud; legal action; already paid; services not delivered
Statute
Ch. 41 of the Acts of 2019 (c. 175 § 108; c. 176A § 8A¾; c. 176B § 7D; c. 176G § 6B)
Also
within 12 months: written reason and 30 days to respond; not self-insured, Medicare or federal plans

Michigan

No limit found yet; not researched

Minnesota

Checked against the statute on the state's official site (source, 2026-10-17)

Limit
12 months (required contract term)
Counted from
clean claim paid
Exceptions
coordination of benefits; subrogation; duplicate claims; retroactive terminations; fraud and abuse
Statute
Minn. Stat. § 62Q.75 subd. 4
Also
since 2010; SF 3214 (2025–26) would change it, status unknown

Mississippi

No limit found yet; not researched

Missouri

Checked against FindLaw's copy of the statute (source, 2026-10-17)

Limit
12 months
Counted from
health carrier paid the claim
Exceptions
fraud or misrepresentation
Statute
RSMo § 376.384.1(3)
Also
FindLaw current as of 2025-01-01

Montana

Not checked yet: from a November 2025 survey of state laws

Limit
12 months (if the issuer sets no claim-filing deadline)
Counted from
payment
Exceptions
none stated in the text we read
Statute
MCA § 33-22-150

Nebraska

Not checked yet: from a November 2025 survey of state laws

Limit
6 months (notice)
Counted from
date of the error
Exceptions
none stated in the text we read
Statute
210 NAC ch. 60 § 011
Also
regulation

Nevada

No limit found yet; not researched

New Hampshire

Not checked yet: from a November 2025 survey of state laws

Limit
12 months
Counted from
date of payment
Exceptions
none stated in the text we read
Statute
RSA 420-J:8-b
Also
written reason required

New Jersey

Checked against FindLaw's copy of the statute (source, 2026-10-17)

Limit
18 months
Counted from
first payment on the claim
Exceptions
fraud; pattern of inappropriate billing; COB
Statute
N.J. Stat. § 17B:27-44.2(d)(10)
Also
no collection before the 45th day after the request or while a timely appeal is pending; FindLaw current as of 2024-01-01 and flags a version effective 2025-01-01, so recheck

New Mexico

No limit found yet; not researched

New York

Checked against the statute on the state's official site (source, 2026-10-17)

Limit
24 months
Counted from
original payment received by the provider
Exceptions
reasonable belief of fraud, intentional misconduct or abusive billing; self-insured plans; government programs and public-employee coverage
Statute
N.Y. Ins. Law § 3224-b(b)
Changing
A3365 (2025) would cut to 12 months, status unknown
Also
30 days' written notice before recovery (except duplicates); text revised 2014-09-22

North Carolina

Checked against FindLaw's copy of the statute (source, 2026-10-17)

Limit
2 years
Counted from
original claim payment
Exceptions
reasonable belief of fraud or other intentional misconduct; same service paid by a government payor
Statute
N.C. Gen. Stat. § 58-3-225(h)
Also
30 calendar days' written notice identifying the claim and reason; FindLaw copy current as of 2023-01-01 (ncleg.gov blocks automated access)

North Dakota

No limit found yet; not researched

Ohio

Checked against FindLaw's copy of the statute (source, 2026-10-17)

Limit
2 years
Counted from
payment made to the provider
Exceptions
none stated in the text we read
Statute
Ohio Rev. Code § 3901.388(B)
Changing
SB 162 (2025–26) would cut to 1 year, status to confirm
Also
written notice with claim details; provider may appeal within 30 days; FindLaw current as of 2026-01-01 (codes.ohio.gov unreachable from here)

Oklahoma

Not checked yet: from a November 2025 survey of state laws

Limit
18 months
Counted from
payment made
Exceptions
fraud; provider agreed to refund
Statute
36 Okla. Stat. § 1250.5

Oregon

No limit found yet; not researched

Changing
HB 4028 (2026): behavioral-health audit rules incl. no recoupment for clerical errors; passed House 41-1, Senate outcome not found

Pennsylvania

From a secondary source; statute text not checked yet (source, 2026-10-17)

Limit
no statutory limit
Exceptions
none stated in the text we read
Statute
none found
Changing
Sen. Argall bill for a 12-month limit (status unknown)
Also
contract terms govern

Rhode Island

No limit found yet; not researched

South Carolina

Not checked yet: from a November 2025 survey of state laws

Limit
18 months
Counted from
initial payment received
Exceptions
fraud or intentional misconduct; self-insured plans; government programs
Statute
S.C. Code § 38-59-250

South Dakota

No limit found yet; not researched

Tennessee

Sources disagree; not resolved yet (source, 2026-10-17)

Limit
unresolved: 15 months (18 for state employee plans) in FindLaw's copy; the 2025 survey quotes 18 months
Counted from
entity paid the claim
Exceptions
fraud or suspected fraud by the provider; tolling by agreement
Statute
Tenn. Code § 56-7-110(c)
Also
FindLaw current as of 2024-01-02; the survey may reflect a later amendment; recheck the official code

Texas

Checked against FindLaw's copy of the statute (source, 2026-10-17)

Limit
written notice within 180 days
Counted from
provider receives the payment
Exceptions
none stated in the text we read
Statute
Tex. Ins. Code § 1301.132
Also
PPO plans (ch. 1301); provider may arrange repayment within 45 days or appeal, and no recovery until appeal rights are exhausted; HMOs under ch. 843 not checked; FindLaw current as of 2026-01-01

Utah

Not checked yet: from a November 2025 survey of state laws

Limit
12 months (24 for COB; 36 for Medicaid/Medicare recovery)
Counted from
amount improperly paid
Exceptions
none stated in the text we read
Statute
Utah Code § 31A-26-301.6(14)

Vermont

Not checked yet: from a November 2025 survey of state laws

Limit
12 months
Counted from
date of payment
Exceptions
fraud or intentional misconduct; already paid; services not delivered; COB; legal action
Statute
18 V.S.A. § 9418

Virginia

Checked against the statute on the state's official site (source, 2026-10-17)

Limit
12 months
Counted from
payment of the original claim
Exceptions
fraud; already paid; services not delivered
Statute
Va. Code § 38.2-3407.15(B)(8)
Also
30 days' notice; contract may allow offset later

Washington

Checked against the statute on the state's official site (source, 2026-10-17)

Limit
24 months
Counted from
payment made
Exceptions
fraud
Statute
RCW 48.43.600(1)
Changing
6 months for mental health and SUD services from 2027-01-01 (2025 c 227)
Also
provider must contest in writing within 30 days or the request is deemed accepted

West Virginia

Not checked yet: from a November 2025 survey of state laws

Limit
1 year (some reasons: no limit)
Counted from
date originally paid
Exceptions
none stated in the text we read
Statute
W. Va. Code § 33-45-2

Wisconsin

No limit found yet; not researched

Wyoming

Not checked yet: from a November 2025 survey of state laws

Limit
2 years
Counted from
claim paid
Exceptions
fraud
Statute
Wyo. Stat. § 26-15-137

How this was made

We started from a November 2025 survey of state lookback laws (PDF) and are checking every row against the statute text: the state's official code site where it can be read, otherwise FindLaw's copy, whose "current as of" date is in each row. So far 7 rows are checked on official sites, 15 on FindLaw, 2 come from secondary sources, 14 are still the survey's text, 2 has sources that disagree, and 11 states have no limit found yet. Where a source disagrees with the survey (Arkansas, Tennessee), the row says so until the current official text is read.

Counts: 39 of 51 entries show some limit in the sources read so far; Pennsylvania has none.

How it's made. AI agents read the statutes and built this table; every row links to the text it was checked against, and rows not yet checked say so. Spotted an error or a newer law? Reply through the form.

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