Missing a renewal form is one of the most common ways Delawareans lose Medicaid coverage they still qualify for. Federal law requires the state to try to renew you automatically from data it already holds, but when a form does reach your mailbox, it has to come back on time. This guide covers how Delaware Medicaid renewal works in 2026, what to do when your form arrives, and the 90-day window to recover if you miss the deadline.
Renew online at Delaware ASSIST
Eligibility is set once at application and re-checked on a schedule: most enrollees sit on the standard 12-month cycle, and a 2027 federal change moves one group to a faster clock.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396a(e)(14)(L) — codified prelim text, Office of the Law Revision Counsel, U.S. House. uscode.house.gov. Retrieved Aug 7, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a&num=0&edition=prelim A procedural closure usually means the person was still eligible and simply did not return the form, which is what the 90-day reconsideration window fixes. The renewal comes from DMMA, and the state's online front door is assist.dhss.delaware.gov.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf Most of what follows is federal renewal law binding every state, but the Delaware specifics decide how it plays out for you.
In This Guide
- How the Delaware Medicaid Renewal Cycle Works
- Ex Parte Renewal: The Automatic First Step
- How to Renew Delaware Medicaid
- The 90-Day Reconsideration Window
- Returned Mail and Address Changes
- Children, Pregnancy, and Continuous Coverage
- Long-Term Care and DSHP-Plus Renewals
- Managed Care Plans at Renewal
- If Your Renewal Is Denied: Appeals
- What Changes After 2026
- Common Delaware Medicaid Renewal Mistakes
- Frequently Asked Questions
- Learn More
How the Delaware Medicaid Renewal Cycle Works
Most enrollees renew on the standard 12-month cycle.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396a(e)(14)(L) — codified prelim text, Office of the Law Revision Counsel, U.S. House. uscode.house.gov. Retrieved Aug 7, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a&num=0&edition=prelim Your notice gives the due date, so treat mail from DMMA or DHSS as time-sensitive. Renewals split into two paths by eligibility category:
- MAGI populations are renewed using Modified Adjusted Gross Income methodology, checked largely against electronic data. Delaware's MAGI income standards, expressed as a share of the Federal Poverty Level (FPL), are: children under age 1 up to 212% FPL, ages 1 through 5 up to 142% FPL, and ages 6 through 18 up to 133% FPL; pregnant women up to 212% FPL; parents and caretaker relatives up to 87% FPL; and adults age 19 to 64 in the Affordable Care Act expansion group at a base standard of 133% FPL, which reaches an effective ceiling of 138% FPL with the mandatory 5-percentage-point income disregard.Centers for Medicare & Medicaid Services. (n.d.). Medicaid.gov — Medicaid, Children's Health Insurance Program, & Basic Health Program Eligibility Levels (national table; Delaware row). medicaid.gov. Retrieved Jul 14, 2026, from https://www.medicaid.gov/medicaid/national-medicaid-chip-program-information/medicaid-childrens-health-insurance-program-basic-health-program-eligibility-levels Delaware's separate CHIP program, the Delaware Healthy Children Program, covers children up to age 19 at 212% FPL.Centers for Medicare & Medicaid Services. (n.d.). Medicaid.gov — Medicaid, Children's Health Insurance Program, & Basic Health Program Eligibility Levels (national table; Delaware row). medicaid.gov. Retrieved Jul 14, 2026, from https://www.medicaid.gov/medicaid/national-medicaid-chip-program-information/medicaid-childrens-health-insurance-program-basic-health-program-eligibility-levels
- Non-MAGI populations (aged, blind, and disabled coverage, nursing-facility Medicaid, and DSHP-Plus long-term care) are renewed under a framework that includes an asset test. Federal law requires every state to verify assets at determination and redetermination through an electronic Asset Verification System (Section 1940 of the Social Security Act), so these renewals usually need bank statements and a signed financial-records authorization. Refusing to give that authorization, or revoking it, is itself a ground on which the state may find you ineligible.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396w (SSA §1940) — Asset verification through access to information held by financial institutions: the mandate, the aged/blind/disabled population, where it applies, the authorization's duration, the revocation right and its consequence (uscode.house.gov, prelim/rolling current edition). uscode.house.gov. Retrieved Sep 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396w&num=0&edition=prelim For a single Delaware long-term-care recipient, the countable-resource limit is $2,000 ($3,000 for a couple when both spouses receive care).Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Ex Parte Renewal: The Automatic First Step
The most important federal rule in modern Medicaid renewal is the ex parte default at 42 CFR 435.916. Before asking you for anything at renewal, the agency must make the redetermination without requiring anything from you whenever it can do so from reliable information already in your account or otherwise available to it, including electronic data sources; for non-MAGI cases that duty runs where sufficient information is available. Only then may it request information from you.U.S. Government Publishing Office. (2026). 42 CFR 435.916(a)(2) and (a)(3) — Periodic renewal of Medicaid eligibility, as revised by CMS-2454-IFC eff. 2026-07-31 (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 When the ex parte renewal succeeds, the state notifies you of the determination and its basis, and you do not need to sign and return the notice if everything on it is accurate.U.S. Government Publishing Office. (2026). 42 CFR 435.916(a)(2) and (a)(3) — Periodic renewal of Medicaid eligibility, as revised by CMS-2454-IFC eff. 2026-07-31 (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
Ex parte works best when your income is visible in government data: Social Security Administration benefit records, tax data, wage records. It fails most often when income is hard to verify from data alone (self-employment, gig, cash or seasonal income), when the household changes, when income sits near a cutoff, or when an asset test cannot be confirmed without your bank records.
When ex parte fails, the agency must mail a renewal form carrying the information it already holds and give you at least 30 days from the date on that form to respond, add anything missing, and sign. It may not require an in-person interview. That package is federally required under 42 CFR 435.916(a)(3) for MAGI eligibility. For non-MAGI eligibility (age 65 or older, blindness or disability, long-term care, an MSP, or medically needy), Delaware may follow the same procedure but need not, so go by the deadline on your notice.U.S. Government Publishing Office. (2026). 42 CFR 435.916(a)(3) and (b) — renewal form, 30-day response window, and the permissive adoption of (a)(3) 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
How to Renew Delaware Medicaid
Delaware ASSIST at assist.dhss.delaware.gov is where DMMA points residents to handle a case online.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf Whichever channel you use, the instructions on your own notice govern, so read the packet first. If you prefer a person, DMMA's Medicaid Central Intake Unit is 1-866-940-8963,Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf and the Aging and Disability Resource Center helps with eligibility, benefits, and how to apply.Centers for Medicare & Medicaid Services. (n.d.). Delaware Diamond State Health Plan - Section 1115 Demonstration (Medicaid.gov demonstration and waiver list). medicaid.gov. Retrieved Sep 4, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/81256
| Channel | How | Notes |
|---|---|---|
| Online | Delaware ASSIST at assist.dhss.delaware.gov | The state's online portal for Medicaid |
| Return the signed renewal form | Use the instructions and address printed on your renewal packet | |
| In person | DMMA, or the ADRC for help understanding your options | Confirm locations and hours with DMMA before you travel |
| Phone | DMMA Medicaid Central Intake Unit, 1-866-940-8963 | The number DMMA publishes for its long-term-care program |
The 90-Day Reconsideration Window
If your coverage closed because you missed the renewal paperwork, you usually do not have to start over. Under 42 CFR 435.916, when Medicaid is terminated for failure to return the renewal form or requested information (a procedural termination, not an eligibility-based one), the agency must reconsider your eligibility without requiring a new application if you submit the renewal form within 90 days after the termination date, or a longer period if the state elects one. That duty covers MAGI-based eligibility; for non-MAGI groups federal law lets Delaware adopt the same window but does not require it, so ask DMMA. Send back the form together with whatever information DMMA asked for, since either omission triggers the closure.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
Two distinctions decide whether the window applies:
- Procedural termination. You did not respond, did not provide requested documentation, or missed the signature. The 90-day reconsideration applies.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
- Eligibility-based termination. DMMA found you no longer meet income, residency, or another requirement. Reconsideration does not apply; your options are a new application or an appeal.
Submit the form or missing information through any channel above, and note the closure date from your notice so the case is routed as a reconsideration. If you no longer have the form, contact DMMA or log into Delaware ASSIST.
Returned Mail and Address Changes
A renewal packet returned as undeliverable can lead to a termination. The federal rule requiring the state to search for a new address first, 42 CFR 435.919, was removed effective July 31, 2026. Federal law now says only that the agency may act without advance notice when your whereabouts are unknown (42 CFR 431.213(d)), and that coverage must be reinstated if they become known while you are still eligible (42 CFR 431.231(d)).U.S. Government Publishing Office. (2026). 42 CFR 435.919 — [Reserved] (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-435.919 Delaware may have its own procedures, so call DMMA if mail has come back. Update your address in Delaware ASSIST, tell your managed care plan, and file a USPS change-of-address form.
Children, Pregnancy, and Continuous Coverage
Section 5112 of the Consolidated Appropriations Act, 2023 gives children under 19 on Medicaid or CHIP 12 months of continuous eligibility from enrollment, effective January 1, 2024. Coverage then stays in place until the earlier of the end of that period, the child's 19th birthday, or a move out of state, regardless of family income.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396a(e)(12) - State plans for medical assistance (uscode.house.gov, prelim rolling edition). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a&num=0&edition=prelim If a parent loses Medicaid mid-year, the children stay covered until their next renewal. Report income changes anyway: reporting protects you, and the children keep coverage either way.
Federal law also gives every state a permanent option to extend coverage for 12 months after a pregnancy ends, up from the historic 60 days, with full benefits throughout.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396a(e)(16) — extending certain coverage for pregnant and postpartum women (uscode.house.gov, Office of the Law Revision Counsel, rolling prelim edition). uscode.house.gov. Retrieved Sep 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a&num=0&edition=prelim How it applies to your own postpartum coverage is a question for DMMA or your notice.
One more federal protection matters at renewal. If you declare U.S. citizenship or a satisfactory immigration status and the agency cannot promptly verify it, 42 CFR 435.956 requires a reasonable opportunity period. It starts 5 days after the date on the notice unless you show you got it later, and ends at verification or 90 days after that, during which the agency may not delay, deny, reduce, or terminate benefits for someone it otherwise finds eligible. The state may not cap how many such periods you get.U.S. Government Publishing Office. (n.d.). 42 CFR 435.956(a)(5)(ii) — no delay, denial, reduction, or termination during the reasonable opportunity period (eCFR, current text). ecfr.gov. Retrieved Sep 4, 2026, from https://www.ecfr.gov/current/title-42/section-435.956
Long-Term Care and DSHP-Plus Renewals
If you get Delaware Medicaid long-term care, in a nursing facility or through home- and community-based services, your renewal reviews both your finances and your care needs.
The financial redetermination
Delaware is an income-cap state: the long-term-care income limit is 250% of the Supplemental Security Income standard, or $2,485 per month for 2026 (individual SSI standard $994). The same standard has governed nursing-facility and HCBS populations alike since October 1, 1994. Income above the cap still qualifies through a Miller Trust (Qualified Income Trust), which must be irrevocable, composed only of income, and must pay the State whatever remains at death up to the medical assistance paid.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,Centers for Medicare & Medicaid Services. (n.d.). Delaware Diamond State Health Plan - Section 1115 Demonstration (Medicaid.gov demonstration and waiver list). medicaid.gov. Retrieved Sep 4, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/81256
The renewal also re-runs the resource test, which federal law requires the state to verify through its Asset Verification System.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396w (SSA §1940) — Asset verification through access to information held by financial institutions: the mandate, the aged/blind/disabled population, where it applies, the authorization's duration, the revocation right and its consequence (uscode.house.gov, prelim/rolling current edition). uscode.house.gov. Retrieved Sep 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396w&num=0&edition=prelim The figures that govern a 2026 Delaware review:Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
- Countable assets are limited to $2,000 for a single recipient ($3,000 for a couple when both receive long-term care). Delaware excludes the principal residence only if certain conditions are met, either that you intend to return home or that a spouse or dependent relative uses the home during your absence, and it also excludes one automobile per household, burial funds of $1,500 that are separately identifiable and designated for burial, and a prepaid burial contract that cannot be revoked.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
- Home equity is a second, separate test. Equity above the federal cap blocks Medicaid payment for long-term care even where the residence itself is excluded, unless a spouse, a child under 21, or a blind or disabled child of any age lawfully occupies the home. Delaware's manual defers to "the home equity cap as set by federal regulations" but its own table stops at $525,000 from 2012, while CMS publishes 2026 limits of a $752,000 minimum and a $1,130,000 maximum. Ask DMMA which it applies.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
- A nursing-facility resident keeps a Personal Needs Allowance of $75 per month ($150 for married couples), raised from $50 and $100 effective January 1, 2025. The $75 is not universal: in the post-eligibility calculation for an institutionalized spouse, DSSM 20995.1.1 sets the allowance at $30 per month for SSI recipients and $75 for everyone else, so an SSI recipient in a facility should confirm with DMMA which amount applies.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
- Spousal-impoverishment protection is not limited to nursing homes. Effective July 1, 1993 Delaware elected to apply these rules to people receiving Home and Community Based Waiver services in lieu of institutional services, so the at-home spouse of a waiver recipient is protected the same way as the at-home spouse of a nursing-home resident.Centers for Medicare & Medicaid Services. (n.d.). Delaware Diamond State Health Plan - Section 1115 Demonstration (Medicaid.gov demonstration and waiver list). medicaid.gov. Retrieved Sep 4, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/81256
- A community spouse keeps the greater of Delaware's state spousal share or half the couple's combined countable resources as of the start of the first continuous period of institutionalization, and in no case more than the 2026 federal maximum Community Spouse Resource Allowance of $162,660. The floor is genuinely unsettled in Delaware and this guide does not assert one: DSSM 20910.10 still prints a $25,000 state spousal share set by Senate Bill 99 in 1993, while the same section says the minimum and maximum resource allowances rise each January under federal law, and the 2026 federal minimum resource standard published by CMS is $32,532. Ask DMMA which floor it applies before relying on either number.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
- The community spouse's monthly income allowance is not a flat amount. Delaware computes it as the income needed to lift that spouse's own available income to the applicable percentage of the federal poverty level for two, plus an amount for excess shelter costs, subject to a cap. Two federal 2026 standards bound it, on two different annual clocks: the Minimum Monthly Maintenance Needs Allowance of $2,705.00 effective July 1, 2026, and the Maximum of $4,066.50 effective January 1, 2026.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
DSHP-Plus and the level-of-care review
Delaware delivers home- and community-based long-term care for residents who are elderly or physically disabled through Diamond State Health Plan Plus (DSHP-Plus), a mandatory managed-care program operating under the state's Section 1115 demonstration, administered by DMMA with the Division of Services for Aging and Adults with Physical Disabilities.Centers for Medicare & Medicaid Services. (n.d.). Delaware Diamond State Health Plan - Section 1115 Demonstration (Medicaid.gov demonstration and waiver list). medicaid.gov. Retrieved Sep 4, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/81256 Under DSSM 20710 the medical half is decided by DMMA's Pre-Admission Screening (PAS) Unit, you must need a nursing-facility level of care, and once eligibility is determined you must choose a managed care organization. Confirm with DMMA or your case manager how and when your level of care is reassessed.Centers for Medicare & Medicaid Services. (n.d.). Delaware Diamond State Health Plan - Section 1115 Demonstration (Medicaid.gov demonstration and waiver list). medicaid.gov. Retrieved Sep 4, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/81256
Our guides to nursing home coverage and home and community care through DSHP-Plus cover both tracks in detail.
Managed Care Plans at Renewal
Delaware Medicaid members are served by three managed care plans: AmeriHealth Caritas, Delaware First Health, and Highmark Health Options.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR). ecfr.gov. Retrieved Sep 3, 2026, from https://www.ecfr.gov/current/title-42/section-431.221 Your eligibility renewal and your plan membership are different things, but losing eligibility at renewal ends the coverage your plan delivers. Your plan's address file is separate from DMMA's, and no federal rule makes the state check it when mail comes back, so update both.U.S. Government Publishing Office. (2026). 42 CFR 435.919 — [Reserved] (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-435.919
If Your Renewal Is Denied: Appeals
If your renewal is denied or your coverage is terminated, you have a federal right to a fair hearing under Section 1902(a)(3) of the Social Security Act and 42 CFR 431.220. It has one carve-out: no hearing is required where the sole issue is a law requiring an automatic change that hits a whole group of beneficiaries.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 USC 1396a(a)(3) — State plans for medical assistance (uscode.house.gov, prelim/rolling edition). uscode.house.gov. Retrieved Aug 1, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a&num=0&edition=prelim Federal law caps the request window at 90 days from the date the notice of action is mailed.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
In Delaware that deadline matches the federal standard: 90 days from the mailing date, which the DMAP Member FAQs state member-side as 90 calendar days from the date on the notice letter. Because a postmark is not always known, DMMA procedurally allows a five-day grace period from the date of the notice. Treat the window as hard: the hearing officer has no authority to hear an appeal filed more than 90 days out, and none to extend it. The request must be in writing, following the instructions on your notice, and DHSS must let you submit it online, by telephone, by mail, in person, or by other common electronic means. A Hearing Officer in the Division of Social Services (DSS) decides, that decision is DHSS's final one, and it is due within 90 days of filing.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR). ecfr.gov. Retrieved Sep 3, 2026, from https://www.ecfr.gov/current/title-42/section-431.221
Two timing rules deserve special attention:
- Keeping coverage while you appeal. Federal law continues your benefits during the appeal (aid paid pending) when you request the hearing before the action's effective date.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 Delaware provides continued benefits within 5 working days of receiving the request.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR). ecfr.gov. Retrieved Sep 3, 2026, from https://www.ecfr.gov/current/title-42/section-431.221 If that date has passed, ask anyway: 42 CFR 431.231(a) lets the agency reinstate services when you request a hearing within 10 days of the date of action. And where the state acted without the advance notice it owed you, reinstatement is not discretionary: 42 CFR 431.231(c) says it must reinstate if you request a hearing within 10 days of receiving the notice (receipt counts as 5 days after the notice date) and the action did not come from applying federal or state law.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 If the action is later upheld, the agency may recoup the cost of services furnished only because benefits 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
- Managed care denials add a step. For a plan's adverse benefit determination, appeal to the plan itself within 60 calendar days of its notice; after it upholds its decision (or fails the federal notice and timing requirements), you have 120 calendar days to request a state fair hearing.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR). ecfr.gov. Retrieved Sep 3, 2026, from https://www.ecfr.gov/current/title-42/section-431.221
If you disagree with the Hearing Officer's decision, you can seek judicial review in Delaware Superior Court within 30 days.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR). ecfr.gov. Retrieved Sep 3, 2026, from https://www.ecfr.gov/current/title-42/section-431.221 Our guide to Delaware Medicaid appeals and fair hearings covers the full process, including what to bring.
What Changes After 2026
Section 71107 of the 2025 budget-reconciliation law (H.R.1, Public Law 119-21) requires states to redetermine once every 6 months rather than every 12 for the ACA expansion-adult population, for renewals scheduled on or after January 1, 2027. Its only exemption covers an Indian or Urban Indian as defined in the Indian Health Care Improvement Act, a California Indian, and anyone otherwise determined eligible as an Indian for the Indian Health Service. Everyone else is simply outside the provision's scope.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396a(e)(14)(L) — codified prelim text, Office of the Law Revision Counsel, U.S. House. uscode.house.gov. Retrieved Aug 7, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a&num=0&edition=prelim Delaware adopted expansion effective January 1, 2014,Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf so its expansion adults will renew twice a year.
The same law separately excuses a longer list from its new community-engagement (work) requirement, including anyone medically frail or the parent or caretaker relative of a dependent child 13 and under. A work-requirement exemption is not a renewal exemption: a medically frail expansion adult still renews every six months.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396a(e)(14)(L) — codified prelim text, Office of the Law Revision Counsel, U.S. House. uscode.house.gov. Retrieved Aug 7, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a&num=0&edition=prelim
The same law shortens retroactive eligibility for applications filed on or after January 1, 2027, to a maximum of two months before the application month for most enrollees and one month for the expansion group, down from the long-standing three-month default. A state's own window can already be shorter than the federal default under a Section 1115 demonstration, so confirm Delaware's with DMMA.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396a(a)(34) — Office of the Law Revision Counsel, U.S. Code. uscode.house.gov. Retrieved Jun 22, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a&num=0&edition=prelim The takeaway does not change: the renewal form is the failsafe, and returning it on time is the cheapest way to protect your coverage.
Common Delaware Medicaid Renewal Mistakes
- Treating the packet like junk mail. Anything from DMMA, DHSS, or Delaware ASSIST is time-sensitive. Open it the day it arrives.
- Updating your address with Social Security or your plan but not with the state. Address updates do not automatically flow between agencies. Update Delaware ASSIST, and your plan, every time you move.
- Missing the asset documentation for long-term-care and disability-based renewals. The state cannot finalize a non-MAGI renewal until the resource test clears the Asset Verification System, and refusing or revoking the financial-records authorization is a ground for finding you ineligible.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396w (SSA §1940) — Asset verification through access to information held by financial institutions: the mandate, the aged/blind/disabled population, where it applies, the authorization's duration, the revocation right and its consequence (uscode.house.gov, prelim/rolling current edition). uscode.house.gov. Retrieved Sep 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396w&num=0&edition=prelim
Frequently Asked Questions
How often do I have to renew Delaware Medicaid?
Most enrollees are on the standard 12-month renewal cycle. Starting with renewals scheduled on or after January 1, 2027, federal law moves the ACA expansion-adult group to a 6-month cycle, while other enrollees stay on the 12-month schedule.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396a(e)(14)(L) — codified prelim text, Office of the Law Revision Counsel, U.S. House. uscode.house.gov. Retrieved Aug 7, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a&num=0&edition=prelim Your own due date is on your renewal notice.
What is ex parte renewal?
It means the state uses reliable information it already has, including electronic data sources, to redetermine eligibility without asking you for anything. If it works, you get a notice of the determination and need not sign and return it if the information is accurate. The state must try this before asking you for anything.U.S. Government Publishing Office. (2026). 42 CFR 435.916(a)(2) and (a)(3) — Periodic renewal of Medicaid eligibility, as revised by CMS-2454-IFC eff. 2026-07-31 (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
What happens if I miss my Delaware Medicaid renewal deadline?
Your coverage closes. If the closure was procedural (you did not return the form or requested information) and your eligibility is MAGI-based, you have a 90-day reconsideration window: submit the form within 90 days of termination and DMMA must reconsider without a new application. For everyone else it is a state option, so ask DMMA.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 After that, reapply.
Where do I submit my Delaware Medicaid renewal?
Online through the Delaware ASSIST portal at assist.dhss.delaware.gov, by mail using the instructions on your renewal packet, or with in-person help from DMMA or the Aging and Disability Resource Center.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
My income went up mid-year. Does my child lose coverage?
No. Under federal continuous-eligibility rules effective January 1, 2024, children under 19 keep Medicaid or CHIP for 12 months from their eligibility determination, regardless of income changes. Coverage ends early only if the child turns 19 or moves out of state.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396a(e)(12) - State plans for medical assistance (uscode.house.gov, prelim rolling edition). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a&num=0&edition=prelim
Why does my long-term-care renewal need bank statements?
Because disability-based and long-term-care Medicaid carry an asset test, and federal law makes the state verify resources through an electronic Asset Verification System at renewal, which income data alone cannot satisfy.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396w (SSA §1940) — Asset verification through access to information held by financial institutions: the mandate, the aged/blind/disabled population, where it applies, the authorization's duration, the revocation right and its consequence (uscode.house.gov, prelim/rolling current edition). uscode.house.gov. Retrieved Sep 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396w&num=0&edition=prelim Delaware's countable-asset limit for a single long-term-care recipient is $2,000.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Can I appeal if my renewal is denied?
Yes. Request a fair hearing in writing within 90 days of the date on your notice; a DSS Hearing Officer decides the case, and the decision is final for DHSS.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR). ecfr.gov. Retrieved Sep 3, 2026, from https://www.ecfr.gov/current/title-42/section-431.221 Request the hearing before the action's effective date and your benefits continue while it is decided.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
Unsure whether your renewal has been processed? Log into Delaware ASSIST or contact DMMA. Brevy's guides to how to apply, income and asset limits, and the Delaware Medicaid hub cover the broader eligibility picture.
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The information on Brevy.com is for educational purposes only and is not a substitute for professional legal, financial, or medical advice. Rules vary by state and program and change frequently. Always verify with the relevant agency or a qualified professional. Brevy is not a law firm, financial advisor, or healthcare provider.
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