Arkansas DHS Fair Hearing for Medicare Savings Program Denials

Two Deadlines — and the 10-Day One Is Critical

When Arkansas DHS denies an MSP application, reduces the program tier, or closes a case, the adverse action arrives on a DCO-700 Notice of Action. Two clocks start running from the date on that notice:

30 days — You must file a fair hearing request with the DHS Office of Appeals and Hearings within 30 calendar days. Arkansas enforces this shorter window even though federal rules allow up to 90 days.

10 days — To keep existing MSP benefits running while the appeal is decided, you must submit a written request for benefit continuation within 10 calendar days of the notice date. Without a timely continuation request, filing the hearing request alone does not keep current benefits in place while the appeal is pending.

That 10-day deadline is the one families miss most often. A notice that sits in a mailbox for a week leaves almost no time to act.

Where to File the Appeal

Submit the fair hearing request in writing to the DHS Office of Appeals and Hearings through any of these channels:

• By email: [email protected]
• By mail: Department of Human Services, Office of Appeals and Hearings, P.O. Box 1437, Slot S101, Little Rock, AR 72203-1437
• By form: Complete the appeal request section on the back of the DCO-700 notice, or fill out Form DHS-1200

If emailing, save the sent message and any delivery confirmation. If mailing, use certified mail with tracking. Keep proof of filing regardless of the method you choose.

What to Include in the Request

State specifically why DHS got it wrong. Generic "I disagree" appeals are harder to win. Examples of concrete grounds:

• "DHS incorrectly calculated countable monthly income by failing to deduct the $20 general unearned income disregard"
• "DHS counted the cash surrender value of life insurance policies with aggregate face value of $1,500 or less, which should be excluded"
• "DHS counted funds in a joint bank account that were contributed entirely by my adult child, not by the applicant"

Attach any documents that support your position — Social Security award letters showing the correct benefit amount, bank statements showing the account co-owner's deposits, or insurance policy schedules.

What Happens at the Hearing

Fair hearings are conducted by telephone by an administrative law judge assigned by the DHS Office of Appeals and Hearings. The county DHS office submits a hearing file with the records it used to make the decision. You have the right to review that file before the hearing, present witnesses, and submit additional evidence.

The hearing is administrative, not a courtroom proceeding. It's a structured conversation where both sides present their information and the judge makes a decision based on the evidence and applicable policy.

Free Legal Help for Appeals

Low-income Arkansans can get free legal representation for MSP appeals:

• Legal Aid of Arkansas (northern and eastern counties): 1-800-952-9243
• Center for Arkansas Legal Services (central, southern, and western counties): 1-800-952-9243 or 501-376-3423

These organizations can review the denial, help prepare the hearing file, and represent your parent at the telephone hearing at no cost.

One Risk to Know

If the hearing officer upholds the original DHS decision and you requested benefit continuation, DHS has the right to recover benefits paid during the appeal period. This means your parent could owe back the Part B premiums that were covered while the appeal was pending. Weigh this risk against the chance of winning before requesting continuation.

For appeal letter templates, a timeline tracker, and the full escalation process, the Arkansas Medicare Savings Programs & Extra Help Guide covers everything from the DCO-700 notice through the hearing decision.

See more Arkansas guides →