North Dakota Medicaid Expansion appeal process
Federal 42 CFR Part 438 Subpart F applies in every state. North Dakota-specific timelines and program info below.
How North Dakota Medicaid Expansion appeals work
North Dakota Medicaid runs through a managed-care delivery system (MCO, PIHP, or PAHP). When the plan denies, reduces, or terminates a service you believe should be covered, you have appeal rights under federal law (42 CFR Part 438 Subpart F) plus any state-specific additions.
Three-step process
- Internal MCO appeal. File within 60 days of the adverse benefit determination. MCO has 30 days to decide for standard appeals, 72 hours for expedited.
- State Fair Hearing. If the MCO upholds the denial, request a hearing with the North Dakota Medicaid agency within 30 days. An Administrative Law Judge reviews the case and issues a binding decision.
- Continue benefits during appeal. Request "aid paid pending" within 10 days of the notice of action — services continue at the prior level until the appeal is resolved.
North Dakota contact
Frequently asked questions
How do I appeal a North Dakota Medicaid Expansion denial?
File internal appeal with your Medicaid managed-care plan (MCO) within 60 days of the adverse benefit determination. The MCO has 30 days to decide (72 hours expedited). If the MCO upholds the denial, request a North Dakota State Fair Hearing within 30 days of the MCO's final appeal decision. The State Fair Hearing is conducted by an Administrative Law Judge and is binding on the MCO.
Can I keep my services during the appeal?
Yes — federal law (42 CFR §438.420) requires the MCO to continue services at the previously authorized level during the appeal IF you request continuation within 10 days of the notice of action. Mark "continue benefits" or "aid paid pending" on your appeal request to invoke this protection.
What if the MCO doesn't respond?
If the MCO misses any appeal deadline, you can go directly to State Fair Hearing without exhausting internal appeal. Document the missed deadline carefully.
Other North Dakota resources
Sources
Appeal your North Dakota Medicaid Expansion denial
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