If your Alabama Medicaid coverage was denied, cut, or terminated, you have the right to appeal and request a fair hearing, and in some cases you can keep your benefits while the appeal is decided.U.S. Government Publishing Office. (n.d.). 42 USC 1396a(a)(3) — State plans for medical assistance (U.S. Code on govinfo.gov, GPO, most recent edition). govinfo.gov. Retrieved Oct 3, 2026, from https://www.govinfo.gov/link/uscode/42/1396a?link-type=html,U.S. Government Publishing Office. (n.d.). 42 CFR 431.230 — Maintaining services (eCFR, current/rolling edition). ecfr.gov. Retrieved Aug 3, 2026, from https://www.ecfr.gov/current/title-42/section-431.230 In Alabama, you request that hearing directly from the Alabama Medicaid Agency, and by default a written request must be received within 60 days of the date the notice of action is mailed.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221 If you act before your benefits stop, they can continue until a hearing decision is issued.U.S. Government Publishing Office. (n.d.). 42 CFR 431.230 — Maintaining services (eCFR, current/rolling edition). ecfr.gov. Retrieved Aug 3, 2026, from https://www.ecfr.gov/current/title-42/section-431.230
In This Guide
- What You Can Appeal in Alabama Medicaid
- The Deadlines That Decide Your Alabama Medicaid Appeal
- How to Keep Your Benefits During the Appeal
- Managed Care in Alabama: Why There Is No Plan Appeal First
- How to Request an Alabama Medicaid Fair Hearing
- Frequently Asked Questions
- Learn More
What You Can Appeal in Alabama Medicaid
Federal law gives Medicaid applicants and beneficiaries the right to a fair hearing before the state agency. Section 1902(a)(3) of the Social Security Act (42 USC 1396a(a)(3)) requires Alabama's Medicaid plan to provide an opportunity for a fair hearing to anyone whose claim for medical assistance is denied or is not acted upon with reasonable promptness. The implementing regulation at 42 CFR 431.220 requires the agency to grant a hearing to anyone who believes it acted erroneously or denied a claim for eligibility or covered services, and to several other groups, including a nursing facility resident who believes the facility wrongly decided to transfer or discharge them. The federal regulation states one limit: the agency need not grant a hearing if the sole issue is a federal or state law requiring an automatic change that adversely affects some or all beneficiaries.U.S. Government Publishing Office. (n.d.). 42 USC 1396a(a)(3) — State plans for medical assistance (U.S. Code on govinfo.gov, GPO, most recent edition). govinfo.gov. Retrieved Oct 3, 2026, from https://www.govinfo.gov/link/uscode/42/1396a?link-type=html
In Alabama, the fair hearing right reaches any agency action or policy affecting your receipt of medical assistance.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221 That includes:
- A denial of your application for Medicaid coverage
- A termination or reduction of your eligibility or a covered service
- A denial of payment for a service you received
- A prior authorization or level of care determination you disagree with
- A claim that was not acted upon with reasonable promptness
One limit is worth knowing up front. Alabama Medicaid eligibility is often based on determinations made by another agency, such as the Department of Human Resources (DHR) or the Social Security Administration (SSA). When your complaint concerns one of those underlying eligibility determinations, Alabama refers the matter to the agency that made the determination for a hearing rather than deciding it inside the Medicaid Agency.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221
Alabama's own rules also say when a hearing may be refused. A request may be denied if, in the opinion of Medicaid legal counsel, it presents only a legal issue and does not challenge the validity of the controlling law or regulation, and no fair hearing need be given when eligibility was ended because of a criminal conviction for Medicaid fraud or abuse.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221
The Deadlines That Decide Your Alabama Medicaid Appeal
Two windows decide most Alabama Medicaid appeals, and they are not the same number. Unless another rule, waiver, or statute sets a different timeframe, you have 60 days to request a fair hearing. When Medicaid is ending your eligibility, you have only 10 days to keep your benefits flowing while it is decided.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221
| Deadline | Counted from | What it protects | If you miss it |
|---|---|---|---|
| 60 days (default) | Date the notice of action is mailed | Your right to a fair hearing | The agency will not accept a late request |
| 10 days (when eligibility is being terminated) | Date of the notice of action | Your benefits staying in place during the appeal (aid paid pending) | Benefits can stop while you wait for a decision |
| 60 / 90 days | Date the agency receives your request | The agency's own clock to decide | This deadline falls on the agency, not on you |
Under the Alabama Medicaid Administrative Code (560-X-3-.03), a written request for a fair hearing must be received by Medicaid within 60 days from the date the notice of action is mailed, unless a different timeframe is prescribed elsewhere by rule, waiver, or statute, and the agency will not accept requests received outside the allotted timeframe.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221 Federal law caps this window at 90 days from the mailing date and lets a state set a shorter operational deadline, which is what Alabama's 60-day default rule does.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221(d) — Request for a hearing (eCFR, current). ecfr.gov. Retrieved Aug 8, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221 The deadline that governs you is the one printed on your own notice of action, so read it there rather than assuming 90 days.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221(d) — Request for a hearing (eCFR, current). ecfr.gov. Retrieved Aug 8, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221
If Medicaid is ending your eligibility and you want your benefits to keep flowing while the appeal is decided, a much shorter deadline applies: your fair hearing request must reach the Alabama Medicaid Agency within 10 days of the notice date, not the full 60-day default window.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221 The next section explains how that continuation works.
Once your case is filed, Alabama also runs a clock on itself. Final administrative action on a fair hearing is to be taken within 60 days of the hearing request unless extenuating circumstances require more time, in which case you are to be told the reason for the delay, and in any event within 90 days of the request.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221
One separate rule can spare you an appeal entirely. If your coverage ended only because you did not return a renewal form or requested information on time, and your eligibility is based on modified adjusted gross income (MAGI), federal law requires the agency to reconsider your eligibility without a new application if you return the renewal form within 90 days after the termination date. If you qualify through SSI or another pathway that needs no income determination by the agency, or through age, disability, long-term care, a Medicare Savings Program, or the medically needy pathway, Alabama may offer that same 90-day reconsideration but federal law does not require it, so ask the Agency.U.S. Government Publishing Office. (2026). 42 CFR 435.916(a)(3)(iii) — 90-day reconsideration without a new application, and (b) making (a)(3) permissive for non-MAGI beneficiaries (eCFR versioner API, title 42 issue date 2026-08-13). ecfr.gov. Retrieved Sep 21, 2026, from https://www.ecfr.gov/current/title-42/section-435.916 Either way it is a reconsideration, not a fair hearing, and it does not require you to argue the agency was wrong.
How to Keep Your Benefits During the Appeal
Keeping your benefits during an appeal is called aid paid pending, and in Alabama, when Medicaid is ending your eligibility, it turns on acting within the 10-day window rather than the 60-day default window for requesting a hearing.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221
Under 42 CFR 431.230(a), if the agency sent the required advance notice and you request a hearing before the date the action takes effect, the agency may not terminate or reduce your services until a decision is rendered after the hearing.U.S. Government Publishing Office. (n.d.). 42 CFR 431.230 — Maintaining services (eCFR, current/rolling edition). ecfr.gov. Retrieved Aug 3, 2026, from https://www.ecfr.gov/current/title-42/section-431.230 That protection has one narrow exception, and it takes both halves: the hearing must determine that the sole issue is one of federal or state law or policy rather than the facts of your case, and the agency must promptly tell you in writing that your services are to be terminated or reduced pending the hearing decision.U.S. Government Publishing Office. (n.d.). 42 CFR 431.230 — Maintaining services (eCFR, current/rolling edition). ecfr.gov. Retrieved Aug 3, 2026, from https://www.ecfr.gov/current/title-42/section-431.230
Alabama's own rule sets a 10-day window, and it names 42 CFR Part 431, Subpart E, the federal subpart that holds that continuation rule, among its statutory authority. In a case where Medicaid is terminating your eligibility, if your fair hearing request is received within 10 days of the date of the notice of action, your benefits may be continued pending the outcome of the hearing, unless you or your representative cause unnecessary delay in finishing it.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221
When a termination notice arrives, do not wait out the full 60-day default appeal window if you need your coverage to continue. Get your hearing request to the Alabama Medicaid Agency within 10 days of the notice date. If the notice reduces a service instead, request the hearing before the date the change takes effect. Don't assume continuation happens on its own: ask for it explicitly when you file.U.S. Government Publishing Office. (n.d.). 42 CFR 431.230 — Maintaining services (eCFR, current/rolling edition). ecfr.gov. Retrieved Aug 3, 2026, from https://www.ecfr.gov/current/title-42/section-431.230
Managed Care in Alabama: Why There Is No Plan Appeal First
Under the federal managed care rules, a Medicaid member enrolled in a managed care plan generally may request a state fair hearing only after the plan has upheld its own denial on an internal appeal.U.S. Government Publishing Office. (n.d.). 42 CFR 438.408(e)(2), (f)(1), (f)(1)(i)-(ii), (f)(2) and (f)(3) — content of the appeal-resolution notice; availability of a State fair hearing, deemed exhaustion and external medical review; the 90-to-120-calendar-day request window; the parties (eCFR, current). ecfr.gov. Retrieved Sep 4, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-438/subpart-F/section-438.408 Alabama's own fair hearing rules read differently.
Alabama's long-term-care managed care program is the Integrated Care Network (ICN), which Alabama Medicaid describes as a competitively bid, integrated network providing enhanced case management, education, and outreach services to most Medicaid long-term care beneficiaries in both home and community-based services (HCBS) and institutional settings. CMS approved it on September 12, 2018, and it supports the Primary Care Case Management (PCCM) Entity model.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221
Alabama's fair hearing chapter in the Administrative Code sets out no plan-level internal appeal you must exhaust before a fair hearing. When you disagree with an agency action, you request the fair hearing directly from the Alabama Medicaid Agency.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221 Under those rules, that is one request, to one agency. Another program could still set its own step, so also follow any appeal instructions printed on the notice you received.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221
How to Request an Alabama Medicaid Fair Hearing
You or your authorized representative can request a fair hearing, and the request must be received by the Alabama Medicaid Agency within the filing window, 60 days by default.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221 Under a rule that took effect July 13, 2026, the request must include the name of the person whose case it is (and, if someone else is asking, that person's name too), and it may only be submitted in one of three ways:U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221
- By mail: to the district office handling your case, or to the central office at Alabama Medicaid Agency, Attn: Fair Hearings Coordinator, 501 Dexter Avenue, Post Office Box 5624, Montgomery, Alabama 36103-5624. It counts as received the date it is delivered to that office.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221
- By e-mail: to FairHearings@medicaid.alabama.gov. It counts as received the date the e-mail reaches the agency's inbox.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221
- By phone: by reaching your Medicaid case worker or the Fair Hearings Coordinator at 334-353-5210. It counts as received the date the case worker or Coordinator documents your request, and requests left by voicemail are not accepted.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221
To speed things up, send a copy of the action letter you are appealing and a statement of the issues you are appealing, and if you are filing for someone else, documentation showing your authority to act for them.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221
Once the agency has your request, it decides your case one of two ways. A face-to-face hearing is held before an impartial state hearing officer, or a documentary hearing is decided solely on the written or printed evidence both sides submit, with the same authority as a face-to-face hearing. If you want a documentary hearing, send your complete records with your original request.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221 The Hearing Authority for all recipient fair hearings is the Commissioner of the Alabama Medicaid Agency, who appoints one or more impartial hearing officers to conduct the hearing and recommend a decision. A hearing officer who was involved in the action you are challenging cannot decide your case.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221
If the final decision goes against you, it is not necessarily the end. An adverse decision approved by the Commissioner states that a rehearing or judicial review is available under the Alabama Administrative Procedure Act (APA).U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221
Frequently Asked Questions
What date does the default 60-day appeal clock start from?
The clock starts on the date the notice of action is mailed, not the day you opened or received it. Unless another rule, waiver, or statute sets a different timeframe, a written fair hearing request must reach the Alabama Medicaid Agency within 60 days of that mailing date.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221 Federal law would allow a state up to 90 days, but Alabama's own rule sets a shorter 60-day default deadline, so check the deadline printed on your notice rather than assuming you have 90.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221(d) — Request for a hearing (eCFR, current). ecfr.gov. Retrieved Aug 8, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221
What happens to benefits I keep during an appeal if I lose?
When Medicaid is ending your eligibility, your benefits can continue while the appeal is decided if your fair hearing request is received within 10 days of the notice date.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221 Those continued benefits are not free and clear, though: under 42 CFR 431.230(b), if the agency's action is upheld after the hearing, the agency may recoup the cost of services you received only because your benefits were continued.U.S. Government Publishing Office. (n.d.). 42 CFR 431.230 — Maintaining services (eCFR, current/rolling edition). ecfr.gov. Retrieved Aug 3, 2026, from https://www.ecfr.gov/current/title-42/section-431.230 Don't assume continuation happens on its own, either: ask for it explicitly when you file.U.S. Government Publishing Office. (n.d.). 42 CFR 431.230 — Maintaining services (eCFR, current/rolling edition). ecfr.gov. Retrieved Aug 3, 2026, from https://www.ecfr.gov/current/title-42/section-431.230
Do I need a lawyer for an Alabama Medicaid fair hearing?
Alabama's rules let you request the hearing yourself, or let an authorized representative request it for you, so you do not need a lawyer to file.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221 For complex disputes, such as a level of care or long-term-care eligibility decision, help from a legal aid organization or an elder law attorney can be worth seeking.
What if I miss the fair hearing deadline entirely?
If you miss the filing window that applies to you, which is 60 days by default, the Alabama Medicaid Agency will not accept a late fair hearing request.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221 One separate path can still help in a specific situation: if your coverage ended only because you did not return a renewal form or requested information, and your eligibility is based on MAGI, federal law requires the agency to reconsider your eligibility without a new application if you return the form within 90 days of the termination date. For eligibility based on SSI or another pathway that needs no income determination by the agency, or on age, disability, long-term care, a Medicare Savings Program, or the medically needy pathway, that window is a state option, so ask whether Alabama offers it. That reconsideration is not a fair hearing and does not depend on the appeal deadline.U.S. Government Publishing Office. (2026). 42 CFR 435.916(a)(3)(iii) — 90-day reconsideration without a new application, and (b) making (a)(3) permissive for non-MAGI beneficiaries (eCFR versioner API, title 42 issue date 2026-08-13). ecfr.gov. Retrieved Sep 21, 2026, from https://www.ecfr.gov/current/title-42/section-435.916
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