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Will Medicaid keep paying for my care while my appeal is pending?

Health insuranceAppealChecked Nov 6, 2026

From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-06 · Source: GovInfo · 42 CFR § 438.420 «Continuation of benefits while the MCO, PIHP, or PAHP appeal and the State fair hearing are pending» · paragraphs (a)–(c) View original ↗

In short

  1. Your plan must keep your care going while you appeal, if five things are true.
  2. You must ask within 10 days of the notice, or by the date the cut starts.
  3. If you lose, the plan may recover what it paid for that care.

What this means

This card is about Medicaid managed care plans, under a federal rule (42 CFR 438.420). Your plan must keep your care going if five things are true [1]. You file your appeal on time. The appeal is about ending, pausing or lowering a service the plan already approved. An authorized provider ordered the service. The time covered by the first approval has not run out. And you ask for the care to continue in time [1]. You ask in time if you file by the later of two dates. One is 10 calendar days after the plan sent the notice. The other is the date the cut is meant to start [1].

If you ask, your benefits must continue while the appeal or state fair hearing is pending. They continue until something ends it, such as you withdrawing the appeal or hearing request [1].

One risk: if the final decision goes against you, the plan may recover the cost of the services it gave you while the appeal was pending [1]. This follows your state's usual recovery policy and the plan's contract, and it applies to services given only because of this rule [1]. The sources don't say how this works in your state.

Your next step

Ask for continued benefits by the later of two dates: 10 calendar days after the plan sent the notice, or the date the cut is meant to start [1]. This rule covers managed care plans only.

Check it yourself

Open GovInfo, 42 CFR § 438.420, at https://www.govinfo.gov/content/pkg/CFR-2025-title42-vol4/xml/CFR-2025-title42-vol4-sec438-420.xml and read the part quoted above. Your own plan or policy papers hold details these sources do not give: "Don't know yet" for your case.

Where this comes from (1)

  1. [1] GovInfo · 42 CFR § 438.420 «Continuation of benefits while the MCO, PIHP, or PAHP appeal and the State fair hearing are pending» · paragraphs (a)–(c) · checked 2026-11-06

    Timely files means files for continuation of benefits on or before the later of the following: (i) Within 10 calendar days of the MCO, PIHP, or PAHP sending the notice of adverse benefit determination. (ii) The intended effective date of the MCO's, PIHP's, or PAHP's proposed adverse benefit determination … The MCO, PIHP, or PAHP must continue the enrollee's benefits if all of the following occur: (1) The enrollee fil…

How we found this

We matched your question to 1 official source, quoted the exact lines, and re-checked each quote against its source on 2026-11-06.

What we don’t know yet

Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.

Every answer is checked against the official rule it quotes.

Information only — not legal advice. Your plan, insurer or agency decides.

This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.

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