Colorado § 25.5-4-307 False medicaid claims procedures - statute of limitations

Colorado Statutes

§ 25.5-4-307 — False medicaid claims procedures - statute of limitations

Colorado § 25.5-4-307

Title 25.5Health

Art.Colorado Medical Assistance Act -

This text of Colorado § 25.5-4-307 (False medicaid claims procedures - statute of limitations) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 25.5-4-307 (2026).

Text

(1)A civil action under section 25.5-4-306 (1) or (2) may not be brought after the later of:

(a)More than six years after the date on which the violation of section 25.5-4-305 is committed; or

(b)More than three years after the date when facts material to the right of action are known or reasonably should have been known by the official of the state charged with responsibility to act in the circumstances, but in no event more than ten years after the date on which the violation of section 25.5-4-305 is committed.

(2)If the state elects to intervene and proceed with an action brought under section 25.5-4-306, the state may file its own complaint or amend the relator's complaint to clarify or add detail to the claims in which the state is intervening and to add any additional

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(1)
A civil action under section 25.5-4-306 (1) or (2) may not be brought after the later
of:

(a) More than six years after the date on which the violation of section 25.5-4-305 is committed; or

(b) More than three years after the date when facts material to the right of
action are known or reasonably should have been known by the official of the state
charged with responsibility to act in the circumstances, but in no event more than
ten years after the date on which the violation of section 25.5-4-305 is committed.

(2) If the state elects to intervene and proceed with an action brought under
section 25.5-4-306, the state may file its own complaint or amend the relator's
complaint to clarify or add detail to the claims in which the state is intervening and
to add any additional claims with respect to which the state contends it is entitled
to relief. For statute of limitations purposes, any such pleadings by the state shall
relate back to the filing date of the relator's complaint, to the extent that the
state's claim arises out of the conduct, transactions, or occurrences set forth, or
attempted to be set forth, in the prior complaint of the relator.

(3) In an action brought under section 25.5-4-306, the state or relator must
prove all essential elements of the cause of action, including damages, by a
preponderance of the evidence.

(4) Notwithstanding any other provision of law, the Colorado rules of criminal
procedure, or the Colorado rules of evidence, a final judgment rendered in favor of
the state in a criminal proceeding charging fraud or false statements, whether upon
a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the
defendant from denying the essential elements of the offense in any action that
involves the same transaction as in the criminal proceeding and that is brought
under section 25.5-4-306.

(5) A private action for retaliation under section 25.5-4-306 (7) may not be
brought more than three years after the date when the retaliation occurred.

Legislative History

Source: L. 2010: Entire section added, (SB 10-167), ch. 296, p. 1386, � 14, effective May 26. L. 2013: (5) added, (SB 13-205), ch. 276, p. 1442, � 6, effective August 7.