Recipient Eligibility
Eligibility Rights
Appealing Eligibility Determinations
Applicants and recipients have the right to appeal certain decisions relating to Medicaid eligibility. An applicant for Wisconsin Medicaid, a Medicaid recipient, or authorized person acting on behalf of the applicant or recipient, or former recipient may file the appeal with the Division of Hearings and Appeals (DHA).
Pursuant to HA 3.03, Wis. Admin. Code, an applicant, recipient, or former recipient may appeal any adverse action or decision by an agency or department which affects their benefits. Examples of decisions that may be appealed include, but are not limited to, the following:
- Individual was denied the right to apply.
- Application for Wisconsin Medicaid was denied.
- Application for Wisconsin Medicaid was not acted upon promptly.
- Eligibility was unfairly discontinued, terminated, suspended, or reduced.
In the case when Medicaid eligibility is cancelled or terminated, the date the recipient, or authorized person acting on behalf of the recipient, files an appeal with the DHA determines what continuing coverage, if any, the recipient will receive until the hearing decision is made. The following scenarios describe the coverage allowed for a recipient who files an appeal:
- If a recipient files an appeal before his or her eligibility ends, Medicaid coverage will continue pending the hearing decision.
- If a recipient files an appeal within 45 days after his or her eligibility ends, a hearing is allowed but Medicaid coverage is not reinstated.
If the recipient files an appeal more than 45 days after his or her eligibility ends, a hearing is not allowed.
Recipients may file an appeal by submitting a Request for Fair Hearing form, DHA-28, which is available on the Forms page of the Recipient section of the Medicaid Web site.
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