Appeal deadlines in New York
State outside review (4 months); Medicaid hearing deadline 60 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 New York
- Outside review
- 4 months
- Hearing deadline
- 60 days
- Then a state hearing
- 120 days
- Appeal deadline – NY State of Health
- 60 days
How each deadline is counted in New York
- Time to file
New York law requires plans to give you at least 45 days to file a standard appeal. Federal rules give at least 180 days for most plans. The deadline that applies to you is on your denial notice.
Law: N.Y. Ins. Law 4904(b), (c)
- How fast the plan must decide
Standard: 30 days
- Deadline to ask
You have 4 months to apply. If your plan offers a second-level internal appeal, you do not have to use it; if you do, the 4 months still run from the first appeal decision. If DFS does not receive your application within 4 months, you cannot get an external appeal. A provider appealing on its own behalf has 60 days.
Law: N.Y. Ins. Law 4910, 4914
- The deadline runs from
The date you receive the plan's final adverse determination (or the date you and the plan agreed to skip the internal appeal)
- Hearing deadline
The date of the action or notice you disagree with.
- Keeping your benefits during the appeal
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.
How long do I have? Deadline calculator
If you miss a deadline
Medicaid
For NY State of Health notices, if you ask after 60 days the Appeals Unit will ask you to give a good cause reason for the late request.
Law: N.Y. Soc. Serv. Law 22(4)(a); N.Y. Soc. Serv. Law 18 NYCRR 358-3.5, 358-3.6; DOH notice OHIP-3868
Sources
The official sources for New York are listed on the New York page.