A State may retroactively modify plan provisions, up to the audit deadline
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 retroactively modify plan provisions, up to the audit deadline
The document says “can”Who acts: States, Secretary of Health and Human ServicesHow: statuteSec. 6106 in the PDF
What the document says
“a State may retroactively modify a provision of the Medicaid State plan, a waiver of such plan, or a State plan amendment that relates to such rate year and the Secretary may approve such modification.”
Subparagraph (C) allows a State, solely to increase a payment adjustment under this paragraph, to modify a State plan provision, waiver or plan amendment for a prior rate year retroactively, and allows the Secretary to approve it. A request may not be submitted after the date the State must submit the independent certified audit for that rate year under section 1923(j)(2) of the Social Security Act.
What the document actually says
“a State may retroactively modify a provision of the Medicaid State plan, a waiver of such plan, or a State plan amendment that relates to such rate year and the Secretary may approve such modification.”
That sentence, in plain words
A state may go back and change part of its plan for that year. The health chief may say yes to the change.
What this is about
A state plan sets how money goes out. To pay more, the plan may need to change first. The change has a cutoff, tied to the year's audit.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
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
This page
“A State may retroactively modify plan provisions, up to the audit deadline,” Consolidated Appropriations Act, 2026, section 6106, Sec. 6106. Read the Mandate, https://readthemandate.org/consolidated-appropriations-act-2026/proposal/sec6106-retroactive-plan-amendments/ (retrieved August 26, 2026).
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