§ 108C‑5.1.  Post‑payment review and recovery audit contracts.
The Department shall not pay contingent fees pursuant to any contract with an entity conducting Medicaid post‑payment reviews or Recovery Audit Contractor (RAC) audits before all appeal rights have been exhausted. Any contingent fee for Medicaid post‑payment reviews or RAC audits shall be calculated as a percentage of the amount of the final overpayment, as defined in G.S. 108C‑2(5). The State share of the contingent fee paid for Medicaid post‑payment reviews or RAC audits shall not exceed the State share of the amount actually recovered by the Department and applied to the final overpayment.  (2013‑360, s. 12H.16(b).)