If your Hawaii Medicaid (Med-QUEST) coverage is denied, reduced, or terminated, you have 90 calendar days from the date on your notice to appeal and request a fair hearing., In Hawaii that appeal is called an Administrative Hearing. And if you request the hearing before the effective date on your Med-QUEST notice, a federal protection called aid paid pending keeps your Medicaid benefits in place until a Hearing Officer decides your case.

In This Guide

What you can appeal in Hawaii Medicaid

Federal Medicaid law guarantees every applicant and beneficiary the right to a fair hearing before the state agency, and Hawaii extends that right to any decision by Med-QUEST or one of its health plans that you believe is wrong.

In Hawaii the appeal is called an Administrative Hearing, which the state treats as the same thing as a fair hearing. You can appeal:

  • A denial of your Medicaid application
  • A termination or reduction of your eligibility or a covered service
  • A cut in the hours of a service you already receive, such as personal care
  • A prior authorization denial or a level-of-care determination
  • A managed care health plan's denial, reduction, suspension, or termination of a service

If your denial came from your QUEST Integration health plan, the route runs through the plan first; that separate process is covered below.

The deadlines that decide your Hawaii Medicaid appeal

Two deadlines decide most cases, and they are not the same number.

The request window is 90 calendar days, the federal ceiling. Under 42 CFR 431.221(d), a state must allow up to 90 days from the date the notice is mailed to request a fair hearing, and Hawaii applies that full window: a request received more than 90 calendar days after the date on your Med-QUEST notice is denied as untimely.,

The window to keep your benefits is shorter. To hold your current benefits while you appeal, you have to request the hearing before the action on your notice takes effect, which falls well before the 90-day deadline to appeal at all. The next section explains how that works.

One separate rule protects renewals. If Med-QUEST ended your coverage only because you did not return a renewal form or requested information on time, you do not always have to appeal: under 42 CFR 435.916, if you submit what was missing within 90 days after the termination date, the agency must reconsider your eligibility without a new application.

How to keep your Hawaii Medicaid benefits during an appeal

Keeping your benefits during an appeal is called aid paid pending, and in Hawaii it is not automatic. You have to ask for it in time.

Under 42 CFR 431.230(a), if Med-QUEST or your health plan sent the required 10-day or 5-day advance notice and you request the hearing before the date the action takes effect, your services must continue unchanged until a Hearing Officer decides your case. Hawaii's own rule, in the Hawaii Administrative Rules (Title 17, Chapter 1703.1), directs the department to reinstate or continue assistance on that basis.

One cost comes with it. If your benefits continue and the hearing later upholds the original decision, the agency may recover the cost of the services you received only because benefits kept flowing.,

The practical step is simple: when a notice of an adverse decision arrives, find the effective date on it, request your hearing before that date, and put your request to continue benefits in writing.

Managed care (QUEST Integration) appeals in Hawaii

Hawaii delivers Medicaid through managed care called QUEST Integration, and members get their care through one of five contracted health plans: AlohaCare, HMSA, Kaiser Permanente, 'Ohana Health Plan, and UnitedHealthcare Community Plan. A managed care organization (MCO) is the health plan that manages your Medicaid benefits. When your plan denies or cuts a service, you appeal to the plan first, then to a state fair hearing.

It starts with the plan's notice. Under 42 CFR 438.404, your plan must give you timely, written notice of an adverse benefit determination, and that notice must tell you how to appeal and how to ask that your benefits continue.

You file the internal appeal first. You have 60 calendar days from the date on the determination notice to file the plan's internal appeal, and you must complete that one internal appeal before you can request a state fair hearing. The plan must resolve a standard appeal within 30 calendar days and an expedited appeal within 72 hours. Ask for the expedited track when waiting could seriously jeopardize your health.

Then you request the state hearing. In Hawaii you have 90 calendar days from the plan's notice of resolution to request a state fair hearing. Federal rules set the deadline to request a state fair hearing after a managed care appeal between 90 and 120 calendar days and let each state pick the exact figure; Hawaii applies the same 90 days it uses for every administrative hearing request. If the plan fails to meet its notice and timing rules, the appeal is deemed exhausted and you may go straight to the state hearing.

How to request a Hawaii Medicaid fair hearing

You can request a hearing in person, by telephone, by mail, or through other commonly available electronic means. The Department of Human Services (DHS) provides Form DHS 1161, "Request For A Hearing," for Med-QUEST medical assistance, and you can also write your request on any piece of paper. A separate form, DHS 1461, is used for SNAP and cash assistance, not Med-QUEST medical assistance, so use DHS 1161 for a medical-assistance appeal.

You do not have to complete an informal review with your Med-QUEST eligibility worker first. That review is available but not required. An impartial Hearing Officer conducts the hearing under the DHS review-and-hearing process, and you may bring an authorized representative, such as a lawyer, relative, or friend of your choice. Whatever method you use, your request must reach the office within 90 calendar days of the date on your notice.

Frequently Asked Questions

How long do I have to appeal a Hawaii Medicaid denial?

You have 90 calendar days from the date on your Med-QUEST notice to request an Administrative Hearing, and a request filed after that is denied as untimely., If your denial came from a managed care health plan, you have 60 calendar days to file the plan's internal appeal first.

Will I have to repay benefits if I lose my Hawaii Medicaid appeal?

Only if you chose to keep your benefits during the appeal. The repayment risk attaches to that continuation, not to the appeal itself: if the Hearing Officer upholds the original decision, the agency may recover the cost of services paid only because your benefits kept flowing. An appeal you file without asking to continue benefits carries no repayment exposure.

Do I need a lawyer for a Hawaii Medicaid fair hearing?

No. You can represent yourself, and you may also bring an authorized representative such as a lawyer, relative, or friend of your choice. Representation helps most with level-of-care and complex prior authorization disputes, where documentation from your treating provider often decides the case.

What is the difference between a health plan (MCO) appeal and a state fair hearing?

A health plan appeal is the internal appeal you file with your managed care organization (MCO), such as AlohaCare or HMSA, and it is the required first step. The plan must resolve a standard appeal within 30 calendar days or an expedited appeal within 72 hours. Only after the plan upholds its denial can you request a state fair hearing before a DHS Hearing Officer, which in Hawaii you must do within 90 calendar days of the plan's notice of resolution.,

Learn More

Find personalized help navigating a Hawaii Medicaid appeal at brevy.com.


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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Brevy Care Team

Expert eldercare guidance from Brevy's team of healthcare professionals and researchers.