Medicaid fair hearing deadlines by state
How long you have to ask for a Medicaid fair hearing in each state, and what to know about keeping your benefits.
Appeal deadlines are strict. If you are near a deadline or your care is urgent, call free help today.
| State | Program | Hearing deadline | Keeping benefits |
|---|---|---|---|
Alabama Medicaid | 60 days | If Medicaid is ending your eligibility and it receives your fair hearing request within 10 days of the date of the notice of action, your benefits may continue until the hearing decision, unless you cause unnecessary delays. | |
Alaska Medicaid (and Denali KidCare) | 30 days | If you are getting benefits and you ask for a hearing, your benefits may be continued automatically (or reinstated) until the final decision, unless you tell the Department you do not want them to continue. | |
AHCCCS (Arizona Health Care Cost Containment System) | 35 days | To keep receiving a service while you appeal, file the appeal before the day the reduction, suspension or termination takes effect. | |
Arkansas Medicaid (including ARKids First and ARHOME) | 30 days | To keep your Medicaid until the hearing, the Office of Appeals and Hearings must receive your appeal and your request to continue benefits no later than 10 calendar days from the date on your letter. | |
Medi-Cal | 90 days | Your benefits continue while you wait for the hearing (Aid Paid Pending) if you ask for a hearing by the effective date of the change when a 10-day notice is required, or within 10 days of the date of the notice when it is not. | |
Health First Colorado | 60 days | If you are a current member and your coverage is ending, or a service you already get is being reduced or stopped, your benefits continue until a final decision if the Office of Administrative Courts gets your appeal no later than 10 days after the date of action (the date the change takes effect). | |
HUSKY Health (Connecticut Medicaid and CHIP) | 60 days | For HUSKY (Medicaid), your benefits may continue during the hearing if you request the hearing any time before the date of the proposed action. | |
Delaware Medicaid (Diamond State Health Plan) and Delaware Healthy Children Program | 90 days | 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. | |
DC Medicaid (also DC Healthy Families; the DC Health Care Alliance is a local program) | 90 days | For a Medicaid eligibility decision, your Medicaid continues if you appeal before it ends or within 15 days of the date of the notice, whichever is later. | |
Florida Medicaid (Statewide Medicaid Managed Care, SMMC) | 90 days | For DCF Medicaid eligibility actions, your assistance continues at the current level until the hearing decision if you ask for a hearing (orally or in writing) within 10 days after the notice was mailed or handed to you. | |
Georgia Medicaid (including Georgia Families managed care, PeachCare for Kids and Georgia Pathways to Coverage) | 30 days | If you ask, your Medicaid (and your patient liability or cost share) can continue while you wait for the hearing if DFCS receives your request within 10 days of the date of the notice. | |
Med-QUEST (Hawaii Medicaid, QUEST Integration managed care) | 90 days | For eligibility or fee-for-service coverage actions, your Medicaid is reinstated and continued (Aid Paid Pending) if Med-QUEST receives your hearing request within 15 calendar days of the date of the notice. | |
Idaho Medicaid (Medicaid for Adults, Children's Medicaid and CHIP) | 30 days | To keep getting benefits while your appeal is considered, you must tell DHW within 10 days of the date of the notice. If your appeal is denied, you must repay the benefits you got during that time. | |
Illinois Medicaid (medical assistance, including All Kids and HealthChoice Illinois managed care plans) | 60 days | Your benefits continue at the previous level if you file your appeal by the later of the date of the change or the 10th calendar day after the date of the notice. | |
Indiana Medicaid (Indiana Health Coverage Programs, including the Healthy Indiana Plan (HIP), Hoosier Healthwise, Hoosier Care Connect and Indiana PathWays for Aging) | 33 days | Your benefits continue without change if the DFR receives your appeal by 4:30 p.m. on the day before the effective date of the change (or the next business day if that day is not a business day). | |
Iowa Medicaid (IA Health Link managed care; Iowa Health and Wellness Plan for expansion adults) | 30 days | Your Medicaid may continue while you appeal if you file before the effective date on the notice, or within 10 days after you receive the Notice of Decision. | |
KanCare (Kansas Medicaid) | 33 days | If your hearing request is received before the effective date of the action on your notice, your Medicaid continues until the hearing decision (with some exceptions, such as when the only issue is a change in law). | |
Kentucky Medicaid | 30 days | Eligibility: if your hearing request about ending your Medicaid or raising your patient liability is received within 10 days of the advance notice, your coverage stays the same through the month of the final order; with good cause, a request within 20 days gets coverage reinstated. | |
Louisiana Medicaid (Healthy Louisiana for managed care) | 30 days | If you ask for a hearing before the date of action on your notice, your services are not cut or stopped until the hearing decision, unless the only issue is a federal or state law or policy. | |
MaineCare | 60 days | If you ask for a Fair Hearing within 10 days of the date on the letter, your current services continue until a decision is made. If you lose, you may have to repay the cost of services received while the appeal was pending. | |
Maryland Medicaid (Medical Assistance), including HealthChoice managed care; Maryland Children's Health Program (MCHP) | 90 days | To keep your Medicaid while your appeal is pending, appeal within 10 calendar days of the date on your notice, the postmark, or the effective date of the action, whichever is later. | |
MassHealth | 60 days | You keep your benefits during the appeal if the Board of Hearings receives your request before your benefits stop or within 10 calendar days of the date you received the notice, whichever is later. | |
Michigan Medicaid (including the Healthy Michigan Plan and MIChild) | 90 days | If your Medicaid is being reduced, suspended or ended, your benefits continue until the hearing decision if MDHHS receives your hearing request within 10 calendar days of the date of the notice (next workday if the 10th day is a weekend or holiday). | |
Medical Assistance (MA), Minnesota's Medicaid program (MinnesotaCare uses the same appeal office) | 30 days | If the notice reached you 10 days or more before the change, your benefits continue if you appeal by the date the change takes effect. | |
Mississippi Medicaid (including MississippiCAN managed care and CHIP) | 30 days | If you already have Medicaid or CHIP, your benefits continue at the old level if the regional office receives your hearing request within 10 days of the date of the notice. | |
MO HealthNet (Missouri Medicaid) | 90 days | If you want your benefits to continue while your hearing is pending, you must request a hearing within 10 days from the date shown on the Action Notice. | |
Montana Medicaid (and Healthy Montana Kids Plus) | 90 days | Your benefits continue at the same level until the hearing decision if you file your hearing request between the date the notice is mailed and the date the action takes effect, unless you say you do not want them continued. | |
Nebraska Medicaid (Heritage Health managed care) | 90 days | If you ask for a fair hearing before the effective date on your Notice of Action, your Medicaid continues until the hearing decision unless you say you do not want it. | |
Nevada Medicaid | 90 days | To keep your services the same until the hearing decision, ask for a hearing before the Date of Action on your notice and check the box to continue services. | |
New Hampshire Not covered yet: State insurance department · CMS help page for this state · LawHelp.org | — | — | — |
NJ FamilyCare (Medicaid) | 30 days | Since July 1, 2026, benefits do not continue automatically. When you ask for a fair hearing, you must choose (elect) to keep your benefits at the same level while the hearing is pending. | |
New Mexico Medicaid (Turquoise Care managed care) | 90 days | If you already get the benefit, ask to continue it within 10 calendar days of the mailing of the notice of action (for managed care, ask your plan within 10 calendar days of its notice, or before the date the notice says the benefit will end). | |
New York Medicaid | 60 days | If the agency had to give you advance notice, your Medicaid continues unchanged until the hearing decision (aid continuing) if you ask for a fair hearing before the effective date of the action on your notice. | |
NC Medicaid (including NC Medicaid Managed Care) | 30 days for services, 60 days for eligibility | For eligibility, your Medicaid continues at the same level until the local hearing decision if you request a hearing on or before the date the termination or change takes effect. | |
North Dakota Medicaid (including Medicaid Expansion) | 30 days | If you already get benefits and you ask for a fair hearing within the timely notice period (before the date the change takes effect; the notice must come at least 10 days before the change), your benefits continue unchanged until the hearing decision. | |
Ohio Medicaid | 90 days | Ohio gives 15 calendar days of advance notice before reducing, suspending or ending benefits. If State Hearings, your county agency or your managed care plan receives your hearing request within that 15-day notice period, your benefits stay the same until the hearing decision. | |
SoonerCare (Oklahoma Medicaid) | 30 days | When you send a written hearing request, you can ask that your existing services continue or be restored until the appeal is dismissed, withdrawn or decided against you. | |
Oregon Health Plan (OHP) | 60 days for services, 90 days for eligibility | To keep a service you already get, ask your CCO or OHA to continue it at the same time you appeal or ask for a hearing. Form OHP 3302 says to ask no later than 10 days after the 'Date of Notice' shown on the notice; OHA's web page says within 10 days of the effective date on the notice. | |
Medical Assistance (Medicaid); HealthChoices managed care | 30 days | If DHS plans to reduce or end your Medical Assistance, the advance notice gives a date 10 calendar days after the notice was mailed. | |
Rhode Island Medicaid (RIte Care, Rhody Health Partners) | 30 days | Your Medicaid continues (aid pending) if you appeal during the advance notice period: 10 days that begin on the fifth day after the date on the notice of intended action. | |
Healthy Connections Medicaid (South Carolina Medicaid) | 30 days | You may ask for your benefits or services to continue if you ask within 10 days of the date on the notice. New services cannot be started. | |
South Dakota Medicaid | 30 days | Under federal Medicaid rules, your benefits continue if you ask for a hearing before the date the change takes effect; the notice must be mailed at least 10 days before that date. | |
TennCare (and CoverKids) | 40 days | Eligibility appeals: your TennCare continues if you appeal within 20 days of the notice, or before your coverage end date if that is later. | |
Texas Medicaid (STAR, STAR+PLUS, STAR Kids, STAR Health) | 90 days | If you already get benefits, they continue until the hearing decision if you ask for a fair hearing within 13 days of the adverse action notice (a mailed request postmarked within the 13 days counts). | |
Utah Medicaid | 30 days for services, 90 days for eligibility | Services: send the hearing form and a signed request to continue services within 10 calendar days of the date the Medicaid agency's notice was sent (or after the plan sent its appeal decision). | |
Green Mountain Care (Vermont Medicaid and Dr. Dynasaur) | 90 days | When you appeal, say that you want "continuing benefits." For Medicaid or Dr. Dynasaur you must appeal before the date your coverage ends or the date your payment changes. | |
Virginia Medicaid (Cardinal Care) and FAMIS | 30 days | You can ask to keep your coverage during the appeal if you file before the date coverage ends or within 10 days of the date on the notice. | |
Washington Apple Health (Medicaid) | 90 days | To keep your Apple Health coverage while you appeal a decision to end, suspend or reduce your eligibility or an authorized service, request a hearing by the tenth day after the notice was sent or by the last day of the month before the change takes effect. | |
West Virginia Medicaid (Mountain Health Trust for managed care) | 90 days | Notices of adverse action must be mailed at least 13 days before the change takes effect. If you are receiving benefits and ask for a hearing before the effective date of the action, the action is delayed until the hearing decision. | |
Wisconsin Medicaid and BadgerCare Plus (ForwardHealth) | 45 days | If DHA receives your hearing request before the agency's action takes effect, your Medicaid will not stop or be reduced while the hearing is pending. | |
Wyoming Medicaid | 20 business days | If you ask for a hearing before the effective date of the action on your notice, your Medicaid services cannot be ended or reduced until the final hearing decision (unless the hearing officer finds the only issue is federal or state law or policy). |
Federal rule: 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)