A State may not claw back payments consistent with the old rule
Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes, section 6106, Sec. 6106.
Written by .
A State may not claw back payments consistent with the old rule
“A State shall not recoup any payment adjustment made by the State to a hospital for a Medicaid State plan rate year described in subparagraph (A) if such payment adjustment is consistent with section 1923(g) of such Act (42 U.S.C. 1396r-4(g)) as in effect on October 1, 2021.”
Subparagraph (B) bars a State from recouping a payment adjustment made to a hospital for one of those prior rate years, if the adjustment was consistent with section 1923(g) of the Social Security Act as in effect on October 1, 2021.
What the document actually says
“A State shall not recoup any payment adjustment made by the State to a hospital for a Medicaid State plan rate year described in subparagraph (A) if such payment adjustment is consistent with section 1923(g) of such Act (42 U.S.C. 1396r-4(g)) as in effect on October 1, 2021.”
That sentence, in plain words
A state may not take back money it paid a hospital for one of those years. That holds if the payment fit the rule as it stood on October 1, 2021.
What this is about
To recoup is to take money back after paying it. A hospital that followed the old rule keeps what it got.
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Consolidated Appropriations Act, 2026, Public Law 119-75, sec. 6106, 140 Stat. 643 (2026). https://www.govinfo.gov/content/pkg/PLAW-119publ75/html/PLAW-119publ75.htm
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“A State may not claw back payments consistent with the old rule,” Consolidated Appropriations Act, 2026, section 6106, Sec. 6106. Read the Mandate, https://readthemandate.org/consolidated-appropriations-act-2026/proposal/sec6106-no-recoupment/ (retrieved October 10, 2026).
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