If your Oregon Health Plan coverage was denied, reduced, or terminated, you have the right to appeal and request a fair hearing, and you can often keep your benefits while the appeal is decided.U.S. Government Publishing Office. (2024). 42 USC 1396a(a)(3) — State plans for medical assistance (govinfo, 2024 U.S. Code). govinfo.gov. Retrieved Jun 23, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396a.htm The Oregon Health Plan (OHP) is Oregon's Medicaid program, and most members receive care through a coordinated care organization (CCO), which changes where you file first.
In This Guide
- What can you appeal in Oregon Medicaid?
- Oregon Medicaid appeal deadlines that decide your case
- How to keep your benefits during the appeal
- How coordinated care organization (CCO) appeals work
- How to request a fair hearing in Oregon
- Frequently Asked Questions
What can you appeal in Oregon Medicaid?
Federal law guarantees every Medicaid applicant and member the right to a fair hearing before the state agency when a claim for medical assistance is denied or not acted on promptly, and when the person believes the agency acted erroneously.U.S. Government Publishing Office. (2024). 42 USC 1396a(a)(3) — State plans for medical assistance (govinfo, 2024 U.S. Code). govinfo.gov. Retrieved Jun 23, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396a.htm In Oregon, that right runs through the Oregon Health Plan, and a denial arrives as a written Notice of Adverse Benefit Determination (also called a Notice of Denial) issued by either your coordinated care organization or the Oregon Health Authority.U.S. Government Publishing Office. (n.d.). 42 CFR 438.408 — Resolution and notification: Grievances and appeals (eCFR). ecfr.gov. Retrieved Jul 18, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-438/subpart-F/section-438.408
Under the federal managed care rules at 42 CFR 438.404, that notice must be sent whenever a plan denies or limits a service, reduces or ends a service it had already approved, denies payment, or fails to act within the required time.U.S. Government Publishing Office. (2023). 42 CFR 438.404 — Timely and adequate notice of adverse benefit determination (govinfo.gov, CFR 2023, Title 42, Vol. 4). govinfo.gov. Retrieved Jun 25, 2026, from https://www.govinfo.gov/content/pkg/CFR-2023-title42-vol4/pdf/CFR-2023-title42-vol4-sec438-404.pdf In practice, you can appeal:
- A denial of an OHP application or of a specific covered service
- A prior authorization denial or a level-of-care determination
- A reduction in an approved service, such as a cut to in-home care hours
- A termination or suspension of a service you were already receiving
- A denial of payment for care you have already received
The right reaches across the program, not just applications. If the state or your plan took an action against your coverage or your care, a notice should have told you so, and that notice is what starts the appeal clock.
Oregon Medicaid appeal deadlines that decide your case
In Oregon, the appeal deadlines depend on whether your care runs through a coordinated care organization or directly through the state, and they are not the same figure. Each one runs from the date printed on your notice.
If a coordinated care organization issued your Notice of Adverse Benefit Determination, the plan must receive your internal appeal within 60 days of the date on that notice.U.S. Government Publishing Office. (n.d.). 42 CFR 438.408 — Resolution and notification: Grievances and appeals (eCFR). ecfr.gov. Retrieved Jul 18, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-438/subpart-F/section-438.408 This is the required first step, and the federal managed care rule sets the same 60-day filing window.U.S. Government Publishing Office. (2024). 42 CFR 438.402 — General requirements (CFR 2024, Title 42, Vol. 4) — govinfo.gov. govinfo.gov. Retrieved Jun 25, 2026, from https://www.govinfo.gov/content/pkg/CFR-2024-title42-vol4/pdf/CFR-2024-title42-vol4-sec438-402.pdf
After the coordinated care organization issues its Notice of Appeal Resolution upholding the denial, you have 120 days from the date on that resolution to ask the Oregon Health Authority for an administrative hearing, also called a contested case hearing.U.S. Government Publishing Office. (n.d.). 42 CFR 438.408 — Resolution and notification: Grievances and appeals (eCFR). ecfr.gov. Retrieved Jul 18, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-438/subpart-F/section-438.408 Federal law requires the state to allow no fewer than 90 and no more than 120 days from the plan's notice of resolution, and Oregon sets its window at the 120-day maximum.U.S. Government Publishing Office. (2023). 42 CFR 438.408 — Resolution and notification: Grievances and appeals (govinfo.gov, CFR 2023, Title 42, Vol. 4). govinfo.gov. Retrieved Jun 25, 2026, from https://www.govinfo.gov/content/pkg/CFR-2023-title42-vol4/pdf/CFR-2023-title42-vol4-sec438-408.pdf Federal law also caps the general fair hearing request at 90 days from the date a notice is mailed.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221(d) — Request for hearing (govinfo, CFR Title 42 vol. 4). govinfo.gov. Retrieved Jun 23, 2026, from https://www.govinfo.gov/content/pkg/CFR-2022-title42-vol4/pdf/CFR-2022-title42-vol4-sec431-221.pdf
A third deadline, the 10-day window to keep your benefits flowing during the appeal, is shorter than both of these and is covered in the next section.
Read the date and the deadline off your own notice. If your notice came directly from the Oregon Health Authority under fee-for-service (Medicaid billed per service rather than through a plan), you ask the Oregon Health Authority for a hearing without the coordinated care organization appeal step.U.S. Government Publishing Office. (n.d.). 42 CFR 438.408 — Resolution and notification: Grievances and appeals (eCFR). ecfr.gov. Retrieved Jul 18, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-438/subpart-F/section-438.408
How to keep your benefits during the appeal
Under federal law, if the agency sent the required advance notice and you request the appeal or hearing in time, your services continue until a decision is reached.U.S. Government Publishing Office. (n.d.). 42 CFR 431.230 — Maintaining services; 431.231 — Reinstating services (govinfo, CFR Title 42 vol. 4). govinfo.gov. Retrieved Jun 23, 2026, from https://www.govinfo.gov/content/pkg/CFR-2022-title42-vol4/pdf/CFR-2022-title42-vol4-sec431-230.pdf Oregon calls this continuing your benefits, and lawyers call it aid paid pending.
To keep a service you are already receiving, ask your coordinated care organization or the Oregon Health Authority to continue it when you file your appeal or hearing request, and do so within 10 days of the effective date on the notice from the plan or the state.U.S. Government Publishing Office. (n.d.). 42 CFR 438.408 — Resolution and notification: Grievances and appeals (eCFR). ecfr.gov. Retrieved Jul 18, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-438/subpart-F/section-438.408 The request is not automatic. You have to ask for it, and asking after that 10-day window closes can mean your services stop while the appeal is decided.
If waiting for a standard decision could seriously jeopardize your health, you can ask for expedited review, and the Oregon Health Authority decides urgent cases within 72 hours.U.S. Government Publishing Office. (n.d.). 42 CFR 438.408 — Resolution and notification: Grievances and appeals (eCFR). ecfr.gov. Retrieved Jul 18, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-438/subpart-F/section-438.408
The practical takeaway: when any Notice of Adverse Benefit Determination arrives, find the effective date on it, file your appeal or hearing request before that date, and put your request to continue benefits in writing at the same time.
How coordinated care organization (CCO) appeals work
Most OHP members get their care through a coordinated care organization (CCO), Oregon's name for its Medicaid managed care plans, and a CCO member must exhaust the plan's internal appeal before the Oregon Health Authority will hold a hearing.U.S. Government Publishing Office. (n.d.). 42 CFR 438.408 — Resolution and notification: Grievances and appeals (eCFR). ecfr.gov. Retrieved Jul 18, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-438/subpart-F/section-438.408 Skipping that step and going straight to the state gets the hearing request dismissed.
The internal appeal comes first. Your coordinated care organization must receive your appeal within 60 days of the date on the Notice of Adverse Benefit Determination.U.S. Government Publishing Office. (n.d.). 42 CFR 438.408 — Resolution and notification: Grievances and appeals (eCFR). ecfr.gov. Retrieved Jul 18, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-438/subpart-F/section-438.408 The plan then has 16 days to review its decision and any new information you or your provider send, and in some cases it may take another 14 days to finish the review.U.S. Government Publishing Office. (n.d.). 42 CFR 438.408 — Resolution and notification: Grievances and appeals (eCFR). ecfr.gov. Retrieved Jul 18, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-438/subpart-F/section-438.408 When the review is done, the plan sends you a written Notice of Appeal Resolution.
Only after that resolution can you request the state hearing. If the Notice of Appeal Resolution upholds the denial, you can ask the Oregon Health Authority for a contested case hearing within 120 days of the date on that resolution.U.S. Government Publishing Office. (n.d.). 42 CFR 438.408 — Resolution and notification: Grievances and appeals (eCFR). ecfr.gov. Retrieved Jul 18, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-438/subpart-F/section-438.408 If the plan fails to meet its own notice and timing rules, the federal managed care regulations treat the appeal as exhausted so you can proceed to a state hearing.U.S. Government Publishing Office. (2023). 42 CFR 438.404 — Timely and adequate notice of adverse benefit determination (govinfo.gov, CFR 2023, Title 42, Vol. 4). govinfo.gov. Retrieved Jun 25, 2026, from https://www.govinfo.gov/content/pkg/CFR-2023-title42-vol4/pdf/CFR-2023-title42-vol4-sec438-404.pdf
As of 2026, the coordinated care organizations serving Oregon Health Plan members are the following.U.S. Government Publishing Office. (n.d.). 42 CFR 438.408 — Resolution and notification: Grievances and appeals (eCFR). ecfr.gov. Retrieved Jul 18, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-438/subpart-F/section-438.408
- Advanced Health
- AllCare CCO
- Cascade Health Alliance
- Columbia Pacific Coordinated Care Organization
- Eastern Oregon Coordinated Care Organization
- Health Share of Oregon
- InterCommunity Health Network Coordinated Care Organization
- Jackson Care Connect
- PacificSource Community Solutions (Central Oregon, Columbia Gorge, and Marion/Polk regions)
- Trillium Community Health Plan (Southwest and Tri-County)
- Umpqua Health Alliance
- Yamhill Community Care
The plan rosters change with the coordinated care organization contract cycle, so confirm your plan's name on your member card or in your notice.
How to request a fair hearing in Oregon
Filing the right form with the right office is what avoids an avoidable delay. In Oregon, the Oregon Health Plan administrative hearing is handled by the Oregon Health Authority's Medical Hearings unit, and there are two ways to file.U.S. Government Publishing Office. (n.d.). 42 CFR 438.408 — Resolution and notification: Grievances and appeals (eCFR). ecfr.gov. Retrieved Jul 18, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-438/subpart-F/section-438.408
If your denial came directly from the Oregon Health Authority under fee-for-service, you ask the Oregon Health Authority for a hearing without a coordinated care organization appeal first.U.S. Government Publishing Office. (n.d.). 42 CFR 438.408 — Resolution and notification: Grievances and appeals (eCFR). ecfr.gov. Retrieved Jul 18, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-438/subpart-F/section-438.408 Whichever path applies, request that your benefits continue at the same time you file, and do it within the 10-day continuation window described above.
Frequently Asked Questions
How long do I have to appeal an Oregon Medicaid denial?
It depends on who denied you. If a coordinated care organization (CCO) denied a service, your plan must receive your internal appeal within 60 days of the date on the Notice of Adverse Benefit Determination.U.S. Government Publishing Office. (n.d.). 42 CFR 438.408 — Resolution and notification: Grievances and appeals (eCFR). ecfr.gov. Retrieved Jul 18, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-438/subpart-F/section-438.408 After the plan upholds its denial, you then have 120 days from the date on its Notice of Appeal Resolution to request a state hearing from the Oregon Health Authority.U.S. Government Publishing Office. (n.d.). 42 CFR 438.408 — Resolution and notification: Grievances and appeals (eCFR). ecfr.gov. Retrieved Jul 18, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-438/subpart-F/section-438.408 Federal law guarantees at least 90 days for that hearing request.U.S. Government Publishing Office. (2023). 42 CFR 438.408 — Resolution and notification: Grievances and appeals (govinfo.gov, CFR 2023, Title 42, Vol. 4). govinfo.gov. Retrieved Jun 25, 2026, from https://www.govinfo.gov/content/pkg/CFR-2023-title42-vol4/pdf/CFR-2023-title42-vol4-sec438-408.pdf
Can I keep my Oregon Health Plan benefits while I appeal?
Yes, if you ask in time. To keep a service you are already receiving, ask your coordinated care organization or the Oregon Health Authority to continue it within 10 days of the effective date on your notice.U.S. Government Publishing Office. (n.d.). 42 CFR 438.408 — Resolution and notification: Grievances and appeals (eCFR). ecfr.gov. Retrieved Jul 18, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-438/subpart-F/section-438.408 Under federal law, services then continue until a decision is reached after the hearing.U.S. Government Publishing Office. (n.d.). 42 CFR 431.230 — Maintaining services; 431.231 — Reinstating services (govinfo, CFR Title 42 vol. 4). govinfo.gov. Retrieved Jun 23, 2026, from https://www.govinfo.gov/content/pkg/CFR-2022-title42-vol4/pdf/CFR-2022-title42-vol4-sec431-230.pdf The continuation is never automatic, so you must request it in writing when you file.
Do I need a lawyer for an Oregon Medicaid fair hearing?
You are not required to have one. You can file the hearing request yourself through the Oregon Health Authority's secure online form or form OHP 3302,U.S. Government Publishing Office. (n.d.). 42 CFR 438.408 — Resolution and notification: Grievances and appeals (eCFR). ecfr.gov. Retrieved Jul 18, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-438/subpart-F/section-438.408 and the fair hearing is your opportunity to present your case to the state agency.U.S. Government Publishing Office. (2024). 42 USC 1396a(a)(3) — State plans for medical assistance (govinfo, 2024 U.S. Code). govinfo.gov. Retrieved Jun 23, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396a.htm Representation can still help with level-of-care, in-home care, and complex prior authorization disputes, and free legal help is available from the Oregon programs listed under Learn More below.
What if I miss the coordinated care organization appeal and go straight to the state?
The Oregon Health Authority will not hold a hearing until you have finished your coordinated care organization's internal appeal, so a hearing request filed before the plan issues its Notice of Appeal Resolution is dismissed.U.S. Government Publishing Office. (n.d.). 42 CFR 438.408 — Resolution and notification: Grievances and appeals (eCFR). ecfr.gov. Retrieved Jul 18, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-438/subpart-F/section-438.408 The one exception is when the plan fails to meet its own notice and timing rules, which the federal managed care regulations treat as exhausting the appeal for you.U.S. Government Publishing Office. (2023). 42 CFR 438.404 — Timely and adequate notice of adverse benefit determination (govinfo.gov, CFR 2023, Title 42, Vol. 4). govinfo.gov. Retrieved Jun 25, 2026, from https://www.govinfo.gov/content/pkg/CFR-2023-title42-vol4/pdf/CFR-2023-title42-vol4-sec438-404.pdf
Learn More
Find personalized help navigating an Oregon 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.