Appeal deadlines in Delaware

State outside review (4 months); Medicaid hearing deadline 90 days.

Checked against official sources: October 30, 2026.

Appeal deadlines are strict. If you are near a deadline or your care is urgent, call free help today.

Deadlines at a glance in Delaware

Outside review: 4 months
Hearing deadline: 90 days
Then a state hearing: 120 days

How each deadline is counted in Delaware

Time to file

Delaware's statute says a grievance must be filed within 30 days of receiving the written denial. The Department of Insurance's IHCAP procedure describes filing the first appeal within 180 days, which matches the federal rule for most plans. The deadline that applies to you is on your denial notice.

Law: 18 Del. C. 332(c); 18 DE Admin. Code 1301-3.0, 4.0

Deadline to ask

File your request for external review with your health carrier within 4 months of the date the carrier issued its final decision. The Department's procedure counts from the letter date, not the date you received it.

Law: 18 Del. C. 6416, 6417(b); 18 DE Admin. Code 1301-5.0 to 8.0; DOI, Procedure for IHCAP applications (04/2019)

The deadline runs from

The date the carrier's final internal appeal decision was issued (the date on the letter)

Hearing deadline

The date on the notice of action (the date it was mailed)

Keeping your benefits during the appeal

Your Medicaid continues until the hearing decision if your hearing request is received during the timely notice period, the 10 days between the date the notice is mailed and the date the change takes effect.

How long do I have? Deadline calculator

Delaware · Appeal deadline calculator

Sources

The official sources for Delaware are listed on the Delaware page.

National rules that apply in every state

You have at least 180 days (about 6 months) from when you receive the denial notice to file an internal appeal. Your plan can give you more time, not less.

Law: 29 CFR 2560.503-1(h)(3)(i); 45 CFR 147.136(b)(2)(i), (b)(3)(i)

Under the federal process you have 4 months from the date you receive the denial or final appeal decision to ask for external review. If there is no matching date 4 months later, the deadline is the first day of the fifth month. If the last day is a Saturday, Sunday or federal holiday, it moves to the next business day. State programs must allow at least 4 months; some allow more.

Law: 45 CFR 147.136(c)(2)(vi), (d)(2)(i)

Your state must give you a reasonable time to ask for a fair hearing, up to 90 days from the date the notice was mailed. Check your notice: your state's deadline may be shorter.

Law: 42 CFR 431.221(d)

You generally have 90 days from the date of your Eligibility Notice to appeal. If you are late, explain why when you file; you may be able to get an extension.

Law: 45 CFR 155.520(b), (d)(2)(i)(D); HealthCare.gov, What can I appeal?