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NC OAH »   Hearings Division »   Medicaid Recipient Appeals »   Appeal of a Medicaid Recipient Appeal Decision

Appeal of a Medicaid Recipient Appeal Decision

Under the provisions of North Carolina General Statute § 150B-45, any party wishing to appeal the Final Decision of the Administrative Law Judge must file a Petition for Judicial Review in the Superior Court of the county where the person aggrieved by the administrative decision resides or, in the case of a person residing outside the State, the county where the contested case which resulted in the Final Decision was filed. The appealing party must file the Petition for Judicial Review within 30 days after being served with a written copy of the Administrative Law Judge’s Final Decision, as indicated by the date on the Certificate of Service attached to the Final Decision.  N.C. Gen. Stat. § 150B-46 describes the contents of the Petition for Judicial Review and requires service of the Petition for Judicial Review on all parties. Under N.C. Gen. Stat. § 150B-47, the Office of Administrative Hearings is required to file the official record in the contested case with the Clerk of Superior Court within 30 days of receipt of the Petition for Judicial Review. Consequently, a copy of the Petition for Judicial Review must be sent to the Office of Administrative Hearings at the time the appeal is initiated in order to ensure the timely filing of the record.

Medicaid Recipient Appeals

  • Filing a Contested Medicaid Recipient Appeal
  • Mediation/Before the Medicaid Recipient Appeal Hearing
  • The Medicaid Recipient Appeal Hearing
  • After the Medicaid Recipient Appeal Hearing
  • Appeal of a Medicaid Recipient Appeal Decision
  • Medicaid Recipient Appeal Regulatory Procedures

This guide is issued for informational purposes only. Nothing contained in it may bind the Office of Administrative Hearings or one of its Administrative Law Judges to any practice or procedure described in it. This site is designed to generally explain some of the procedures of the Office of Administrative Hearings in order to help you prepare for your administrative hearing. This site is not a substitute for having an attorney. It is a guide to the most common kinds of cases that come before the Office of Administrative Hearings. However, not all cases are the same. Therefore, it is very important for you to carefully read the documents sent to you by the Office of Administrative Hearings. Those documents set forth the issues, deadlines, and other matters involved in your case.

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NC Office of Administrative Hearings

1711 New Hope Church Road (mailing address and physical address)
Raleigh NC, 27609
 
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https://www.oah.nc.gov/hearings-division/medicaid-recipient-appeals/appeal-medicaid-recipient-appeal-decision