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Arapahoe County Department of Human Services v. Velarde.

2021 COA 25. No. 20CA0170.  Administrative Procedure Act—Medicaid Overpayment—Jurisdiction.

February 25, 2021


The Arapahoe County Department of Human Services (county) issued an administrative notice (notice) to defendants on February 26, 2008 alleging that they received Medicaid overpayments between September 2002 and July 2004. The county sued defendants on December 17, 2018, seeking to enforce the notice. Defendants failed to answer, and the clerk entered a default under CRCP 55(a). Defendants later appeared at the hearing to determine the amount of the judgment, and the court vacated the default. The court later denied the county’s summary judgment motion and dismissed the case because the county failed to seek enforcement within the period prescribed by CRS § 24-4-106(4).

The county argued on appeal that the district court had subject matter jurisdiction because CRS § 24-4-106 does not limit its ability to pursue a judgment. Here, the county chose to enforce its final agency judgment by invoking § 24-4-106 of the Administrative Procedure Act (APA). Having elected that remedy, the county also had to comply with the APA’s 35-day time limit to bring an action for judicial review of agency action. Failure to seek enforcement within this time period deprives a court of jurisdiction to review the matter. Here, the agency’s February 26, 2008 notice triggered a 90-day period for challenging the overpayment notice. Thus, May 26, 2008 was the date the agency action became final, and the county had 35 days from that date to seek enforcement. Accordingly, the district court lacked jurisdiction and properly dismissed the county’s complaint.

The judgment was affirmed.

Official Colorado Court of Appeals proceedings can be found at the Colorado Court of Appeals website.

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