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Dear Marci,
I am recovering from a surgery in a skilled nursing facility (SNF). I was told a date for my discharge, which was earlier than I felt ready to go home, so I appealed. I just found out my appeal was denied. Is there anything else I can do?
-Lindiwe (Severna Park, MD)
Dear Lindiwe,
You have the right to further appeals after an initial denial of your appeal by the Quality Improvement Organization (QIO). Since your appeal was denied by the QIO, remember that you may be responsible for the cost of any care you receive after the end date on your Notice of Medicare Non-Coverage if you do not win your appeal.
What to do next will depend on whether you have Original Medicare or a Medicare Advantage Plan, but remember that at every step in the appeals process, it is important to read notices thoroughly and follow all instructions and deadlines.
If you have Original Medicare, your next step is to appeal to the Qualified Independent Contractor (QIC). The instructions for where to send this appeal should appear on the notice you received from the QIO. To continue the expedited appeals process, you should appeal to the QIC by noon of the day following the QIO’s decision. The QIC will make a decision within 72 hours. Your skilled nursing facility cannot bill you for continuing care until the QIC makes a decision. However, if you are denied by the QIC, you will be responsible for paying all the costs of your care out-of-pocket, including costs incurred during the 72 hours when the QIC was making its decision.
If you have a Medicare Advantage Plan, your next step will be to appeal to the QIO again. You should file this second appeal within 60 days of the QIO’s initial denial. A different set of staff will reconsider your appeal. They should make a decision within 14 days of getting the appeal. If you continue to stay in the nursing facility, they will not be able to bill you until the QIO makes its decision. However, if you lose your appeal, you will be responsible for all costs, including costs from the time when the QIO was making its decision.
If you win in your second appeal, your continued care in the nursing facility will be covered by Original Medicare or your Medicare Advantage Plan. If you are not successful, you can still appeal further. You may want to consider seeking assistance from a lawyer or legal services organization at this point, although you do not need to have legal representation. The steps for further appeals will be the same whether you have Original Medicare or a Medicare Advantage Plan:
If you have not already, you should ask your physician if they can support your appeal with a letter of medical necessity that addresses the reasons you continue to need care in a skilled nursing facility. Also, remember that a family member or other representative can appeal for you if you are too ill or otherwise unable to appeal on your own. If you have questions about the appeals process, you can call your Medicare Advantage Plan or 1-800-MEDICARE, or you can seek help from your State Health Insurance Assistance Program (SHIP) by visiting www.shiptacenter.org or calling 877-839-2675.
-Marci
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Dear Marci,
My wife is currently a hospital inpatient following a surgery. She is getting excellent care, but we are both nervous about what would happen if she were discharged before she is ready. What should we do if that happens?
George (Hartford, CT)
Dear George,
First, know that your wife has a right to discharge planning as a hospital inpatient, which will give her a chance to address any concerns she has about her health and safety after she leaves the hospital. If she is discharged before she is ready, though, she also has the right to a fast appeal to challenge her provider’s decision to end her care. This is called an expedited appeal. To have the highest chance of being successful, you should pay attention to the paperwork your wife receives, and follow directions and deadlines as closely as possible. Also, know that if your wife is too ill or unable to file an appeal for herself, you, another family member, or representative can do so for her.
Your wife should have received an Important Notice from Medicare within two days of being admitted to the hospital as an inpatient. This notice has information on how to appeal her discharge. She should receive this notice again no less than four hours before her discharge. In order to begin your wife’s appeal, follow the instructions on this message to file an expedited appeal to the Beneficiary and Family-Centered Quality Improvement Organization (BFCC-QIO, or QIO for short). She must appeal to the QIO by midnight on the day of her discharge. If she misses this deadline, she will be able to appeal according to the Original Medicare standard appeal process or the Medicare Advantage post-service standard appeal process. She may also be able to request a good cause extension if exceptional circumstances kept her from filing her appeal on time. These extensions are granted on a case-by-case basis.
Once your wife appeals to the QIO, the hospital must give her a Detailed Notice of Discharge. This notice explains in writing why hospital care is ending and lists any Medicare rules related to your wife’s case. At this time, the QIO will also request your wife’s medical records from the hospital. You may also ask the hospital for a copy of these records, although the hospital may charge you to access them. The QIO will also likely call your wife at this time to get her opinion on the discharge, but she may also submit a written statement.
Within 24 hours of receiving all the information it needs, the QIO should call your wife with its decision. If this decision is favorable, her care will continue to be covered.
If the decision is unfavorable, your wife will not be responsible for the cost of the 24-hour period she spent in the hospital waiting for the QIO to make its decision. If she remains in the hospital past this period, however, she will be responsible for the cost of her care if she does not win at a higher level of appeal.
If you and your wife are unsuccessful at appealing her discharge at this first level, you can continue to appeal. The steps in the processes are different depending on whether your wife is covered by Original Medicare or a Medicare Advantage Plan.
Throughout the appeals process, it is important to try to get support from your physician to support the medical necessity of your hospital stay. Follow all instructions and deadlines very carefully, and keep copies of all appeal paperwork.
-Marci
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