Questions & answers · Health insurance
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 · § 438.420(a)–(d) View original ↗
In short
- Some Medicaid plans must keep your care going during an appeal.
- Ask within 10 days of the notice, or by the day the cut starts.
- If you lose, the plan may ask you to pay it back.
What this means
This is about Medicaid managed care plans. A federal rule, 42 CFR 438.420, covers them. The plan has to keep your benefits going if all of these are true. You filed the appeal on time. The appeal is about ending or cutting a service the plan had approved. A provider ordered the service. The time of the first approval has not run out. And you asked for the care to continue in time [1].
You ask in time if you ask by the later of two dates. One is 10 days after the plan sent the notice. The other is the day the cut is to start [1]. The care goes on until something ends it, like you dropping the appeal [1]. One risk: if you lose, the plan may recover the cost of that care. This follows the state's usual policy on recoveries [1].
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 to start [1].
Check it yourself
Your plan's notice and your state Medicaid office tell you the exact steps. This does not cover Medicaid that is not run through a managed care plan — "Don't know yet".
Where this comes from (1)
[1] GovInfo · 42 CFR 438.420 Continuation of benefits · § 438.420(a)–(d) · 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 enroll…
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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