Appeal deadlines in West Virginia

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 West Virginia

Outside review
4 months
Hearing deadline
90 days

How each deadline is counted in West Virginia

Time to file

West Virginia follows the federal rules. Use the deadline on your denial notice; federal rules give at least 180 days for most plans.

Law: W. Va. Code 33-16H-2; W. Va. Code St. R. 114-96, 114-97-5.2

Deadline to ask

File your request with the Insurance Commissioner within 4 months of receiving the denial notice.

Law: W. Va. Code 33-16H-1 to 33-16H-4; W. Va. Code St. R. 114-97-5, 114-97-6, 114-97-7, 114-97-13

The deadline runs from

Your receipt of the notice of the adverse determination or final adverse determination

Hearing deadline

The effective date of the action.

Keeping your benefits during the appeal

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.

Sources

The official sources for West Virginia are listed on the West Virginia page.