Part of: Your coverage

Coverage type · Medicaid or children's coverage

Medicaid managed care plan

Medicaid delivered through a private health plan. Appeal to the plan first, within 60 days of the date on its notice. After the plan's decision you have 90 to 120 days to ask your state for a fair hearing.

On this page 7
Who has this
People enrolled in a Medicaid managed care plan, a private plan that provides or pays for Medicaid care under a contract with the state.
Who regulates it
Your state Medicaid agency, under the federal Medicaid managed care rules in Title 42 of the Code of Federal Regulations, Part 438, Subpart F. The state runs the fair hearing after the plan appeal.
Can your state help?
Yes. States run the fair hearing, set the plan's decision time (within the federal limits), and choose whether to offer an optional external medical review. Your state page names the agency and, where the state's data gives them, its hearing page and deadline. Find your state.

How to tell this is your coverage

  • The denial, reduction or ending of a service comes from your plan as an adverse benefit determination, a written notice that says you can appeal to the plan.
  • Your plan can deny or limit a service, reduce, suspend or end a service it already authorized, deny payment, or fail to provide a service in time. All of these count.
  • You joined a plan and use that plan's providers for Medicaid care. If your state pays providers directly instead, see the Medicaid fee-for-service page.

Still not sure? Use the coverage type finder or read how to find out what kind of plan you have.

The appeal steps, in order

These are the general rules. Your notice or plan document controls if it gives you more time, and your state may add to them. Check the date on your notice.

  1. Appeal to your plan

    Official name: Plan appeal

    Who decides
    Your Medicaid managed care plan. Reviewers must not have been involved in the earlier decision and must have appropriate clinical expertise. A plan may have only one level of appeal.
    Your deadline
    60 calendar days from the date on the plan's notice. You can ask orally or in writing. With your written consent, and if state law allows, a provider can file for you. To keep a service going during the appeal, ask for continuation within 10 calendar days of the plan sending the notice (or before the date the action takes effect, if later); the conditions are listed under urgent help. Check the date on your notice, which controls.
    Their deadline
    A state-set period no longer than 30 calendar days for a standard appeal and no longer than 72 hours for an expedited appeal. Each can be extended by up to 14 calendar days in limited circumstances. The plan must give you the case file, including medical records and any new evidence, free of charge and far enough ahead of the deadline.
    What to send
    Your appeal, orally or in writing, saying what the plan decided and why you disagree. Ask the plan for your case file. Add your doctor's letter or records. Providers cannot ask for continuation of benefits for you.
    If you lose, or hear nothing
    If the plan upholds its decision, ask your state for a fair hearing. If the plan misses its notice and timing requirements, you are treated as having finished the plan appeal and can go straight to a fair hearing.
    The rule
    42 CFR 438.402, general requirements for plan appeals
  2. State fair hearing

    Official name: Medicaid state fair hearing

    Who decides
    Your state's fair hearing system. Some states also offer an optional external medical review by a reviewer independent of the state and the plan.
    Your deadline
    No less than 90 and no more than 120 calendar days from the date of the plan's notice of its appeal decision. The exact number is on that notice, and it varies by state. To keep benefits through the hearing, ask for the hearing and for continuation within 10 calendar days of the plan's adverse appeal decision. Check the date on your notice, which controls.
    Their deadline
    The state must ordinarily take final action within 90 days of the date you filed the plan appeal, not counting the days you took to request the fair hearing. An expedited hearing is due within 3 working days after the state receives your case file from the plan.
    What to send
    A hearing request in the way the plan's decision notice describes. You have the right to be represented. Add your records and your doctor's letters.
    If you lose, or hear nothing
    If you win and services were not provided during the appeal, the plan must authorize or provide them within 72 hours of receiving the decision. If you lose, read the hearing decision and ask free legal aid what review is left in your state.
    The rule
    42 CFR 438.408, resolution and notification

Work out my dates

If waiting could harm your health

Ask the plan for an expedited appeal if waiting could jeopardize your life, health, or ability to attain, maintain or regain maximum function. The plan must decide within 72 hours (it can extend that by up to 14 calendar days in limited circumstances), and the state must decide an expedited fair hearing within 3 working days after it gets your case file. To keep a service going, the appeal must be timely, it must involve ending, suspending or reducing a service an authorized provider already ordered, the authorization period must not have run out, and you must ask for continuation within 10 calendar days of the plan sending the notice (or before the effective date, if later). If you lose, the plan may recover the cost of the continued services, consistent with your state's usual policy. Check the date on your notice, which controls.

Free help for this coverage

Find help by state and coverage

Who this covers

This page is for people whose Medicaid care is delivered through a managed care plan. If your state pays your providers directly, see Medicaid fee-for-service. If you have both Medicare and Medicaid, read the notes below, then see Medicare Advantage. Read the Medicaid managed care appeals guide or use the Medicaid hearing planner.

How to tell this is your coverage

The denial comes from your plan, not from the state. It must say what the plan decided and how to appeal. Since 1 January 2026 the plan’s standard authorization decision must come within 7 calendar days for contract rating periods that start on or after that date, and within the state’s time (no more than 14 calendar days) for earlier periods. That means the start date differs by state. An expedited decision is due within 72 hours and can be extended by up to 14 calendar days. A decision not made in time counts as a denial. The seven-day rule does not cover drugs. Anyone who denies a service or approves less than you asked for must have appropriate expertise in your medical, behavioral health or long-term services needs.

What does not apply to you

You do not go straight to a fair hearing. The plan appeal comes first, unless the plan misses its notice and timing requirements. The fee-for-service rule of “up to 90 days from the mailing date” does not apply to your first step; your plan appeal has 60 days.

External medical review is optional for states. If your state offers it, it must be your choice, free, independent of the state and the plan, and cannot be required before a fair hearing or extend deadlines. The Office of Inspector General’s review of 2019 data covering 37 states found that only 14 offered it.

If you have both Medicare and Medicaid in an integrated plan (a fully or highly integrated dual eligible special needs plan with exclusively aligned enrollment, with its matching Medicaid plan), one combined appeal process replaces the separate plan rules. You have 60 calendar days after receiving the denial to file, and an oral request counts. The plan decides within 30 calendar days, or 72 hours if expedited. Benefits for both Medicare and Medicaid services continue during that appeal if you ask within 10 calendar days of the plan sending the notice (or before the effective date, if later) and the other conditions are met. After the combined appeal, Medicare-covered benefits are sent automatically to the independent review entity, and for Medicaid-covered benefits you may ask for a state fair hearing. Other plans for people with both programs appear to follow the ordinary rules for each program, but we could not confirm this, so read your notice closely.

Where people go wrong

  • Skipping the plan appeal. Without the plan appeal you generally cannot reach the hearing, unless the plan failed its own notice and timing rules.
  • Missing the 10-day continuation request. It has its own 10-day deadline, separate from the 60-day appeal deadline. A provider cannot ask for continuation for you.
  • Not appealing at all. In an Office of Inspector General review of 2019 data from 115 Medicaid managed care plans run by the 7 largest parent companies in 37 states, plans denied about 2.2 million prior authorization requests, 1 in 8 (12.5%). Enrollees appealed 11% of denials, and plans reversed 36% of appealed denials. Only 2% of upheld denials went on to a state fair hearing. This describes that sample and does not predict your result.
  • Assuming “not a covered benefit” ends it for a young person. For people under 21, the state must provide any service that federal Medicaid law allows and that is medically necessary to correct or ameliorate conditions found by screening, whether or not the state plan covers it. This is called Early and Periodic Screening, Diagnostic and Treatment. The state decides case by case. Whether a hard visit limit can be challenged this way is a common legal reading that we could not confirm in federal guidance, so ask free legal aid.
  • Confusing a complaint with an appeal. A grievance about something other than a coverage decision can be filed with the plan at any time, and the state sets its resolution time, up to 90 calendar days. It does not replace an appeal.

Free help is listed above.

Sources

Official and primary sources used on this page. Checked 2026-11-12.

  1. 42 CFR 438.400, definitions, including adverse benefit determination — Electronic Code of Federal Regulations
  2. 42 CFR 438.402, general requirements for plan appeals — Electronic Code of Federal Regulations
  3. 42 CFR 438.404, timely and adequate notice — Electronic Code of Federal Regulations
  4. 42 CFR 438.406, handling of appeals — Electronic Code of Federal Regulations
  5. 42 CFR 438.408, resolution and notification — Electronic Code of Federal Regulations
  6. 42 CFR 438.410, expedited resolution — Electronic Code of Federal Regulations
  7. 42 CFR 438.420, continuation of benefits — Electronic Code of Federal Regulations
  8. 42 CFR 438.424, effectuation of reversed decisions — Electronic Code of Federal Regulations
  9. 42 CFR 438.210, coverage and authorization of services — Electronic Code of Federal Regulations
  10. 42 CFR 431.224 and 431.244, expedited hearings and hearing decisions — Electronic Code of Federal Regulations
  11. 42 CFR 422.629 to 422.634, integrated plans for people with Medicare and Medicaid — Electronic Code of Federal Regulations
  12. CMS fact sheet, Interoperability and Prior Authorization final rule (CMS-0057-F) — Centers for Medicare & Medicaid Services
  13. Medicaid.gov, Early and Periodic Screening, Diagnostic and Treatment — Centers for Medicare & Medicaid Services
  14. Office of Inspector General, high rates of prior authorization denials in Medicaid managed care (OEI-09-19-00350, 17 July 2023) — Department of Health and Human Services, Office of Inspector General

Group: Medicaid or children's coverage. General information, not legal advice.

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