To apply for West Virginia Medicaid, start at WV PATH, the state's online benefits portal and its recommended method for most coverage. You can also apply in person at a county office, mail a paper application, or call 1-877-716-1212, a hotline that takes applications for some types of Medicaid but not all.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI FBR, SSI resource standard, 300% income cap, MMMNA range, CSRA min/max. medicaid.gov. Retrieved Sep 29, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf A senior applying for long-term care follows a different path than a working-age adult: a paper-heavy financial review, a 60-month asset look-back, and, for care at home, a separate medical level-of-care assessment. This guide walks both routes, channel by channel.
In This Guide
- How to Apply for West Virginia Medicaid
- How the Medically Needy Spend-Down Works
- Applying for Long-Term Care and the Aged and Disabled Waiver
- What Documents You'll Need to Apply
- Spousal Protections for Married Applicants
- Asset Limits and the 60-Month Look-Back
- What Happens After You Submit
- What If You're Denied?
- Where to Get Free Help
- Frequently Asked Questions
- Learn More
How to Apply for West Virginia Medicaid
West Virginia gives you four channels. All four reach the same agency, the West Virginia Department of Human Services (DoHS), which determines Medicaid eligibility through the Bureau for Medical Services. Whichever channel you pick, the application moves through the same four steps.
Gather your documents first
Pull together proof of identity, residency, citizenship, income, and (for nursing-facility or waiver coverage) bank and asset statements. The full checklist is below.
Choose a channel and submit
Apply online at WV PATH, in person at a county DoHS office, by mailing a printed paper application to that office, or by phone at 1-877-716-1212 if the hotline handles your type of Medicaid. The comparison below shows which channel fits your situation.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI FBR, SSI resource standard, 300% income cap, MMMNA range, CSRA min/max. medicaid.gov. Retrieved Sep 29, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Respond to the caseworker
DoHS may request additional documents or schedule a phone interview. Answer fast; a missed document deadline can get an eligible applicant denied.
Get your decision
Federal rules cap the state at 45 days for most applications, and 90 days when the applicant applies on the basis of disability. Those are outer limits on the agency, not a guaranteed date. If approved, you receive a Medicaid ID card and enrollment details.U.S. Government Publishing Office. (2026). 42 CFR 435.912(c)(3) — Timely determination of eligibility (eCFR current text, as revised eff. July 31, 2026). ecfr.gov. Retrieved Aug 7, 2026, from https://www.ecfr.gov/current/title-42/section-435.912
| Channel | Best for | How to reach it |
|---|---|---|
| Online | Most applicants; the state's recommended method for most coverage | WV PATH |
| In person | A large stack of financial records you want confirmed as received | A county DoHS office |
| No computer access and no nearby office | Print the paper application, mail it to your county DoHS office | |
| Phone | Limited computer access, or a family member applying on someone's behalf; the hotline takes applications for some types of Medicaid but not all | 1-877-716-1212 |
Online Through WV PATH
The Bureau for Medical Services calls WV PATH the recommended method of application for most types of healthcare coverage.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI FBR, SSI resource standard, 300% income cap, MMMNA range, CSRA min/max. medicaid.gov. Retrieved Sep 29, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf Have your documents gathered before you start, so you can answer each section in one sitting.
By Phone
Call 1-877-716-1212 to reach the DoHS hotline. The hotline takes applications for some types of Medicaid, not for every program, so open the call by naming what you are applying for and confirming the hotline can take it.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI FBR, SSI resource standard, 300% income cap, MMMNA range, CSRA min/max. medicaid.gov. Retrieved Sep 29, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf If it cannot, use WV PATH, a paper application, or your county office instead. If it can, ask on the call which documents to send afterward and how to send them. Phone applications work well when the applicant has limited computer access, or when a family member is handling the call for someone who cannot manage the process independently.
By Mail
Print the paper application and mail the completed form to your local county DoHS office.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI FBR, SSI resource standard, 300% income cap, MMMNA range, CSRA min/max. medicaid.gov. Retrieved Sep 29, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf Allow for the time the envelope spends in the mail; this channel works when there is no computer access and no office within a reasonable drive. Send copies, never originals, and keep a copy of everything you mail.
In Person at a County DoHS Office
You can apply at your local county DoHS office.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI FBR, SSI resource standard, 300% income cap, MMMNA range, CSRA min/max. medicaid.gov. Retrieved Sep 29, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf Look up the nearest county office on the West Virginia Department of Human Services site before you go. In-person visits are a good option when you have a large stack of financial records to hand over and want confirmation they were received.
How the Medically Needy Spend-Down Works
Income above the standard limit does not end the conversation in West Virginia, and that matters most for families paying for a nursing facility.
For nursing-facility coverage, one way to qualify is a gross income test against $2,982 per month in 2026, which is 300% of the $994 Supplemental Security Income (SSI) federal benefit rate, and someone who qualifies that way has no spenddown. Income above $2,982 is not by itself a bar.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Sep 6, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
When income is over that line, the state's Income Maintenance Manual has the worker test SSI-Related Medicaid next. A monthly spenddown is set, and once the facility's monthly Medicaid rate equals or exceeds it, the spenddown is treated as met and eligibility is established.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Sep 6, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf More broadly, the Bureau for Medical Services says some people who are over the income limit when they apply may become eligible under spenddown, and the local DoHS worker explains the process if it applies.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI FBR, SSI resource standard, 300% income cap, MMMNA range, CSRA min/max. medicaid.gov. Retrieved Sep 29, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
If income sits near the line, ask the worker early how the spenddown will be figured in your case. Keep pharmacy receipts, premium notices, and unpaid bills in one place, dated, so you can answer a document request the day it arrives. Federal sources describe a Qualified Income Trust (QIT), or Miller Trust, as the route in states that limit higher-income applicants to the 300% rule.Office of the Assistant Secretary for Planning and Evaluation, U.S. Department of Health and Human Services. (2010). HHS ASPE — Understanding Medicaid Home and Community Services: A Primer, 2010 Edition. aspe.hhs.gov. Retrieved Oct 3, 2026, from https://www.aspe.hhs.gov/sites/default/files/migrated_legacy_files/43551/primer10.pdf West Virginia's manual sends a nursing-home applicant over the limit to the SSI-Related Medicaid spenddown described above, so ask the county office before paying to set up a trust.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Sep 6, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Applying for Long-Term Care and the Aged and Disabled Waiver
A senior who needs care at home rather than in a nursing facility applies through the same channels but for a different program: the West Virginia Aged and Disabled Waiver (ADW). The ADW lets people who would otherwise need nursing-home care stay in, or return to, their own home.Centers for Medicare & Medicaid Services. (n.d.). West Virginia Waiver Factsheet - Medicaid.gov (WV Aged and Disabled Waiver, 0134.R08.00). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/Waiver-Descript-Factsheet/WV
Two gates apply to the waiver, and they run in order. First, the applicant must meet the waiver's financial eligibility rules, which the DoHS county office or the Social Security Administration decides, and must be found financially eligible before medical eligibility is determined. The ADW's own page names no dollar figure.Centers for Medicare & Medicaid Services. (n.d.). West Virginia Waiver Factsheet - Medicaid.gov (WV Aged and Disabled Waiver, 0134.R08.00). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/Waiver-Descript-Factsheet/WV The Bureau for Family Assistance's long-term care fact sheet lists the same 300% income limit and $2,000 individual asset limit for home and community-based waiver care for aged, blind and disabled people, and it gives no over-limit route like the nursing-home one, so confirm the standard with the county office before counting on one.Centers for Medicare & Medicaid Services. (n.d.). West Virginia Waiver Factsheet - Medicaid.gov (WV Aged and Disabled Waiver, 0134.R08.00). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/Waiver-Descript-Factsheet/WV Second, the applicant must be approved for a nursing-home level of care through a medical assessment completed by a nurse, and must have needs in at least five areas of daily living, such as eating, bathing, dressing, grooming, moving around the home and community, and using the restroom. Applicants must also be 18 or older and live in West Virginia.Centers for Medicare & Medicaid Services. (n.d.). West Virginia Waiver Factsheet - Medicaid.gov (WV Aged and Disabled Waiver, 0134.R08.00). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/Waiver-Descript-Factsheet/WV
The waiver's medical step does not start with a phone call from the family. A doctor, physician's assistant, or nurse completes a Medical Necessity Evaluation Request (MNER) form and submits it to Acentra Health, the ADW contractor, so the first practical move is asking the applicant's doctor to complete one. Questions about the process go to the West Virginia Bureau of Senior Services at 1-866-767-1575.Centers for Medicare & Medicaid Services. (n.d.). West Virginia Waiver Factsheet - Medicaid.gov (WV Aged and Disabled Waiver, 0134.R08.00). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/Waiver-Descript-Factsheet/WV
Approval is also not the same as service. ADW enrollment is capacity-limited: once a person is approved, services begin only when an opening in the program is available.Centers for Medicare & Medicaid Services. (n.d.). West Virginia Waiver Factsheet - Medicaid.gov (WV Aged and Disabled Waiver, 0134.R08.00). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/Waiver-Descript-Factsheet/WV Plan for that gap rather than being surprised by it, and ask the Bureau of Senior Services where the applicant stands once the MNER has been submitted.
What Documents You'll Need to Apply for West Virginia Medicaid
Gather these before starting, so a missing paper does not hold the application up.
Identity and residency:
- Social Security card or award letter
- Government-issued photo ID (driver's license, state ID, or passport)
- Proof of West Virginia residency (utility bill, lease, or bank statement with a current address)
Citizenship:
- U.S. birth certificate, U.S. passport, or Certificate of Naturalization
- Already on Medicare? Ask DoHS whether your Medicare enrollment can stand in for separate citizenship and identity documents.
Income:
- Social Security benefit verification letter (SSA-1099 or current benefit letter)
- Pension and annuity statements
- Recent pay stubs if still employed
Assets (for nursing-facility or waiver applications):
- Bank statements for all checking, savings, and money market accounts, covering recent months
- For nursing-facility and waiver coverage, expect DoHS to request up to 60 months of financial records for the look-back reviewU.S. Social Security Administration. (n.d.). Social Security Act sec. 1917(c) [42 U.S.C. 1396p(c)] - Taking into account certain transfers of assets: look-back date, penalty period, start date, divisor, and the (c)(2) exceptions (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1917.htm
- Statements for CDs, brokerage accounts, and retirement accounts
- Life insurance policy documents showing face value and any cash surrender value
Property:
- Real estate deeds and recent tax assessment
- Vehicle title or registration
- Prepaid funeral contracts and cemetery deed (ask DoHS how West Virginia treats burial funds and funeral contracts)
Medical:
- Medicare card and any supplemental insurance cards
- Medical bills and pharmacy statements (especially relevant for a spend-down)
Spousal Protections for Married Applicants
When one spouse applies for nursing-facility or waiver Medicaid, federal spousal-impoverishment rules limit how much of the couple's shared assets the applicant must spend down before qualifying.
Part of the couple's assets is attributed to the spouse who remains at home (the community spouse) rather than to the applicant.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Sep 6, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf The federal 2026 spousal-impoverishment resource standards are a minimum of $32,532 and a maximum of $162,660, and each state elects its standard within that range; a fair hearing or a court order can set a higher protected amount in some cases.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), United States Code, 2024 Edition, U.S. Government Publishing Office (govinfo) — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396r-5.htm West Virginia's own manual chapter has not been updated to those federal standards and still runs this attribution against a substantially lower cap, so confirm with the county office which standard 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). medicaid.gov. Retrieved Sep 6, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
The Minimum Monthly Maintenance Needs Allowance (MMMNA) protects the community spouse's income. If that spouse's monthly income falls below $2,705.00 (the floor effective July 1, 2026 through June 30, 2027), the applicant's income may be allocated to bring it up to that floor; the upper limit of the maintenance allowance is $4,066.50 as of January 1, 2026. These are federal figures; confirm West Virginia's with the county office.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), United States Code, 2024 Edition, U.S. Government Publishing Office (govinfo) — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396r-5.htm
Once eligible, a nursing-facility resident contributes the rest of their monthly income toward the cost of care after the deductions the state manual allows. Those include a personal needs allowance of $50 a month ($90 for someone receiving the reduced $90 VA pension), a maintenance allowance for a spouse who remains at home, and a family maintenance allowance for dependents living with that spouse.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Sep 6, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf Ask the county office to run the numbers for your household.
Asset Limits and the 60-Month Look-Back
The resource limit is $2,000 for one person and $3,000 for two under West Virginia's State Medicaid Plan, matching the 2026 federal SSI resource standard.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI FBR, SSI resource standard, 300% income cap, MMMNA range, CSRA min/max. medicaid.gov. Retrieved Sep 29, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf Not everything counts toward it; confirm with DoHS which assets (a vehicle, household goods, burial funds) West Virginia excludes. The home is tested separately, against a home-equity limit.
The federal 2026 home-equity limit is $752,000 unless the state elects a higher amount, up to a maximum of $1,130,000. The limit does not apply at all when a spouse, a child under 21, or a blind or disabled child lawfully lives in the home, and equity over the limit can be brought down with a reverse mortgage or home-equity loan.U.S. Social Security Administration. (n.d.). Social Security Act sec. 1917(f) [42 U.S.C. 1396p(f)] - Disqualification for long-term care assistance for individuals with substantial home equity, including the (f)(2) exception, the (f)(3) reverse-mortgage route and the (f)(4) hardship waiver (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1917.htm If the home's equity is anywhere near that range, confirm the exact standard West Virginia has elected with DoHS before you file.
West Virginia applies a 60-month look-back period to nursing-facility and waiver applications, counted back from the date of application.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI FBR, SSI resource standard, 300% income cap, MMMNA range, CSRA min/max. medicaid.gov. Retrieved Sep 29, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,U.S. Social Security Administration. (n.d.). Social Security Act sec. 1917(c) [42 U.S.C. 1396p(c)] - Taking into account certain transfers of assets: look-back date, penalty period, start date, divisor, and the (c)(2) exceptions (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1917.htm DoHS reviews five years of financial records for gifts, below-market transfers, and asset disposals. Transferring assets for less than fair market value within that window can trigger a penalty period, a span during which Medicaid will not pay for long-term care, calculated by dividing the total uncompensated value transferred by the state's average monthly private-pay nursing-facility cost. The penalty blocks payment for nursing-facility and waiver services for those months; it does not withdraw the rest of a person's Medicaid, and federal law excuses some transfers, such as those to a spouse.U.S. Social Security Administration. (n.d.). Social Security Act sec. 1917(c) [42 U.S.C. 1396p(c)] - Taking into account certain transfers of assets: look-back date, penalty period, start date, divisor, and the (c)(2) exceptions (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1917.htm
For complex asset situations, consult a West Virginia elder-law attorney before applying. The West Virginia State Bar lawyer-referral service can help locate one.
What Happens After You Submit
DoHS reviews the application and may contact you for additional documents or a phone interview. Under federal rules, the eligibility determination may not exceed 45 days for most Medicaid applicants, or 90 days for applicants who apply on the basis of disability.U.S. Government Publishing Office. (2026). 42 CFR 435.912(c)(3) — Timely determination of eligibility (eCFR current text, as revised eff. July 31, 2026). ecfr.gov. Retrieved Aug 7, 2026, from https://www.ecfr.gov/current/title-42/section-435.912 Those are ceilings on how long DoHS may take, not a promise of how fast your decision will come.
Long-term care does not buy the agency the longer clock. The 90-day window turns on the basis you applied under, so an applicant applying on the basis of age stays on the 45-day standard even when the financial review is lengthy. Federal rules excuse these periods in unusual circumstances, for example a delay caused by the applicant or an examining physician, an administrative or other emergency beyond the agency's control, or the 30-calendar-day period an applicant sent a community-engagement notice of noncompliance has to respond. That list illustrates rather than closes the set. When DoHS does run late, it must record the reasons in your case record, and it may not use the time standards as a waiting period or as a reason to deny you.U.S. Government Publishing Office. (2026). 42 CFR 435.912(c)(3) — Timely determination of eligibility (eCFR current text, as revised eff. July 31, 2026). ecfr.gov. Retrieved Aug 7, 2026, from https://www.ecfr.gov/current/title-42/section-435.912 A delay you cause is the one within your control: answering every document request the day it arrives is what keeps your own clock running.
The date you apply matters for more than the clock. Federal law provides retroactive eligibility: once approved, coverage can reach back to the third month before the month you applied, paying covered bills already incurred during that window if you would have qualified then. The exact start date inside that window is set by the state plan, and a federal demonstration can shorten a state's window, so confirm West Virginia's with DoHS.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396a(a)(34) — U.S. Code, 2024 Edition (govinfo.gov), the text in force for applications made before January 1, 2027. govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396a.htm This three-month window narrows for applications filed on or after January 1, 2027 under Public Law 119-21: to two months before the application month for most Medicaid enrollees, and one month for adults covered through the ACA Medicaid expansion group.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396a(a)(34) — U.S. Code, 2024 Edition (govinfo.gov), the text in force for applications made before January 1, 2027. govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396a.htm If there are unpaid medical bills sitting behind you, that is a concrete reason to file before the end of 2026 rather than after.
If you applied through WV PATH, watch your PATH account and your mail for requests; otherwise keep in touch with your county DoHS office. Missing a document deadline can get an application denied for procedural reasons rather than actual ineligibility.
If approved, you receive a Medicaid ID card and information about your managed care plan or fee-for-service coverage, depending on the program you enroll in.
What If You're Denied?
If DoHS denies the application, the notice explains the reason and carries the deadline for challenging it. Federal rules cap a state's request window at a reasonable time not to exceed 90 days from the date the notice of action is mailed. That 90 days is a ceiling on what a state may allow, not a floor every applicant is guaranteed, and some states set a shorter window that is fully enforceable.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 West Virginia allows the full federal window: a fair hearing, or an optional Pre-Hearing Conference, may be requested within 90 days of the effective date of the action.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR). 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 Read the date printed on your own notice and treat that as the deadline that governs.
Hearings are held by the West Virginia Board of Review, the impartial hearing body inside the state Office of Inspector General.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR). 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 You can request one verbally or in writing:
- By mail: Board of Review, State Capitol Complex, Building 6, Room 817, Charleston, WV 25305
- By email: OIGBOR@wv.gov
- By phone: 304-352-0805U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR). 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
- Online: the Board's fair-hearing request form
- Through the office that decided: a request can go to the office or bureau that took the action, which has two business days to send it on to the Board of ReviewU.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR). 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
A mailed request counts as on time if it is postmarked within the deadline.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR). 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 Hearing Official finds that policy was misapplied or another incorrect decision was made, the Hearing Official orders retroactive payments back to the date of the incorrect action, or another date policy indicates.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR). 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 are appealing a reduction or closure of benefits you already have, rather than a denied application, timing changes what you keep: requesting the hearing or Pre-Hearing Conference before the effective date of the action delays that action until the conference or hearing decision, and a timely request that only arrives after the action has started gets benefits reinstated pending the decision. That protection has limits: the Department may deny continuation where law, rule, or policy expressly allows, and if the Hearing Official upholds the Department you may be required to refund assistance received during the hearing process.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR). 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 case is complicated, have an elder-law attorney or legal-aid office review the notice well before the deadline.
Where to Get Free Help
You do not have to figure this out alone. These West Virginia contacts can help you apply or point you to the right office.
Not sure which pathway fits your situation? Chat with Brevy's care navigator at brevy.com to check your eligibility before you apply.
Frequently Asked Questions
Can I apply for West Virginia Medicaid online?
Yes. WV PATH at wvpath.wv.gov is the main online portal and the channel the Bureau for Medical Services recommends for most types of healthcare coverage. You can also apply in person at a county DoHS office, mail a printed paper application, or call 1-877-716-1212, a hotline that takes applications for some types of Medicaid but not all.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI FBR, SSI resource standard, 300% income cap, MMMNA range, CSRA min/max. medicaid.gov. Retrieved Sep 29, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
What is the income limit to apply for West Virginia long-term care Medicaid?
For nursing-facility coverage, the income limit is $2,982 per month in 2026 (300% of the $994 SSI federal benefit rate). Income above that is not by itself a bar: the worker then tests SSI-Related Medicaid, where a monthly spenddown counts as met once the facility's monthly Medicaid rate equals or exceeds it.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Sep 6, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf For the Aged and Disabled Waiver, the DoHS county office decides the financial rules, so confirm the standard there.Centers for Medicare & Medicaid Services. (n.d.). West Virginia Waiver Factsheet - Medicaid.gov (WV Aged and Disabled Waiver, 0134.R08.00). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/Waiver-Descript-Factsheet/WV The state's long-term care fact sheet lists the same 300% limit for waiver care with no comparable over-limit route.Centers for Medicare & Medicaid Services. (n.d.). West Virginia Waiver Factsheet - Medicaid.gov (WV Aged and Disabled Waiver, 0134.R08.00). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/Waiver-Descript-Factsheet/WV
Does West Virginia require a Miller Trust for over-income applicants?
For nursing-home care, the state's manual offers a way past the income limit without one: an applicant over the 300% limit is tested for SSI-Related Medicaid with a monthly spenddown.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Sep 6, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf Federal sources describe the Miller Trust, or Qualified Income Trust (QIT), as the route in states that limit higher-income applicants to the 300% rule.Office of the Assistant Secretary for Planning and Evaluation, U.S. Department of Health and Human Services. (2010). HHS ASPE — Understanding Medicaid Home and Community Services: A Primer, 2010 Edition. aspe.hhs.gov. Retrieved Oct 3, 2026, from https://www.aspe.hhs.gov/sites/default/files/migrated_legacy_files/43551/primer10.pdf For in-home waiver care, the state's fact sheet gives no comparable over-limit route, so an applicant over the limit should ask DoHS or a West Virginia elder-law attorney before applying.Centers for Medicare & Medicaid Services. (n.d.). West Virginia Waiver Factsheet - Medicaid.gov (WV Aged and Disabled Waiver, 0134.R08.00). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/Waiver-Descript-Factsheet/WV
How far back does West Virginia look at asset transfers?
DoHS reviews 60 months (five years) of financial records for uncompensated transfers on nursing-facility and waiver applications.U.S. Social Security Administration. (n.d.). Social Security Act sec. 1917(c) [42 U.S.C. 1396p(c)] - Taking into account certain transfers of assets: look-back date, penalty period, start date, divisor, and the (c)(2) exceptions (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1917.htm Gifts or below-market sales within that window can trigger a penalty period during which Medicaid will not cover long-term-care costs.
How long does it take to get a decision?
Under federal rules, DoHS has at most 45 days to decide for most Medicaid applicants and at most 90 days for applicants who apply on the basis of disability.U.S. Government Publishing Office. (2026). 42 CFR 435.912(c)(3) — Timely determination of eligibility (eCFR current text, as revised eff. July 31, 2026). ecfr.gov. Retrieved Aug 7, 2026, from https://www.ecfr.gov/current/title-42/section-435.912 Those are caps on the agency, not a promise of how fast a decision arrives. An applicant applying on the basis of age stays on the 45-day standard, however heavy the financial review. Responding quickly to any document request is what keeps that clock running, since a delay caused by the applicant is one of the unusual circumstances that lets the agency exceed the standard.
Can a family member apply on behalf of an elderly parent?
Yes. A family member or legal representative with power of attorney or guardianship can submit the application and act as an authorized representative. When calling DoHS, have any legal-authorization documents ready to confirm the representative's authority.
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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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