Fast appeals
You may have the right to ask for a fast appeal if you think your services are ending too soon (or that you’re being discharged too soon) from one of these providers:
- Hospital
Your provider will give you a notice telling you how to ask for a fast appeal. You should read this notice carefully. If you don’t get this notice, ask your provider for it. With a fast appeal, an independent reviewer, called a Beneficiary and Family Centered Care-Quality Improvement Organization (BFCC-QIO), will decide if your covered services should continue.
You can ask for a fast appeal while you’re still in the hospital if you were admitted to the hospital as an inpatient and the hospital changed your status to “outpatient getting observation services.” Learn how to file this type of appeal.
What do I need to know before I ask for a fast appeal?
In a hospital: Within 2 days of your admission and prior to your discharge, you should get a notice called "An Important Message from Medicare about Your Rights." This notice is sometimes called the Important Message from Medicare or the IM. If you don't get this notice, ask for it.
If the hospital gives you the IM more than 2 days before your discharge day, it must give you a copy of your original, signed IM or give you a new one (that you must sign) before you're discharged.
In other settings: You should get a notice called "Notice of Medicare Non-Coverage" at least 2 days before covered services end. If you don't get this notice, ask for it.
Both notices will include, as applicable:
- Your right to get all medically necessary hospital services
- Your right to be involved in any decisions that the hospital, your doctor, or anyone else makes about your hospital services and to know who will pay for them
- Your right to get the services you need after you leave the hospital
- Your right to appeal and the steps for appealing
- The circumstances under which you will or won’t have to pay for services you get after the coverage end date on your notice
- The date your covered services will end
- Information on your right to get a detailed notice about why your covered services are ending
- Your right to a fast appeal and information on how to contact the Beneficiary and Family Centered Care Quality Improvement Organization (BFCC-QIO) in your state. The BFCC-QIO is administered for Medicare by Livanta or Acentra, depending on what state you live in. Check their websites to make sure you're contacting the right organization for your state.
How do I ask for a fast appeal?
In a hospital: Follow the directions on the Important Message from Medicare no later than the day you're scheduled to be discharged from the hospital.
If you ask for your appeal within this time frame, you can stay in the hospital while you wait to get the BFCC-QIO's decision. You won't have to pay for your stay (except for applicable coinsurance or deductibles). If you miss the deadline for a fast appeal, you can still ask the BFCC-QIO to review your case, but different rules and time frames apply, and you might be responsible for the cost of the hospital stay past the original day the hospital tries to discharge you.
If you're in a Medicare Advantage Plan, you can ask your plan for an appeal, but different rules apply. Learn more about appeals in a Medicare Advantage Plan.
In other settings: Follow the instructions on the "Notice of Medicare Non-Coverage" no later than noon the day before the termination date listed on the notice.
If you miss the deadline for requesting a fast appeal from the BFCC-QIO, you can request a fast reconsideration from your plan, but services will only be covered if there's a decision issued in your favor.
What will happen during the BFCC-QIO's review?
In a hospital: The BFCC-QIO will notify the hospital. If you have a Medicare health plan, the BFCC-QIO will notify your plan and the hospital. Then, by noon the day after the BFCC-QIO notifies the hospital (or your plan), the hospital will give you a "Detailed Notice of Discharge."
In other settings: The BFCC-QIO will notify the provider. Then, by the end of the day that the provider gets the notice from the BFCC-QIO, the provider will give you a "Detailed Explanation of Non-Coverage." Both notices will include:
- Why your services are no longer reasonable and necessary or are no longer covered
- A description of the applicable Medicare coverage rule or policy, including information on how you can get a copy of the policy
- How the applicable coverage rule or policy applies to your specific situation
You can also ask for copies of any of the materials that were sent to the BFCC-QIO.
What does the BFCC-QIO’s decision mean for my appeal?
In a hospital:
- If they decide your services are ending too soon:
- And you have Original Medicare: Medicare will continue to cover your hospital stay as long as medically necessary (except for applicable coinsurance or deductibles).
- And you have a Medicare health plan: Medicare will continue to cover your hospital stay as long as medically necessary (except for applicable coinsurance or deductibles) if your plan previously authorized coverage of the inpatient admission, or the inpatient admission was for emergency or urgently needed care. You may need to appeal the denial of coverage for your plan to pay if your plan never authorized the inpatient admission, or the inpatient admission wasn’t for emergency or urgently needed care.
- If they decide your services should end: If you met the deadline for asking for a fast appeal, you won't be responsible for paying the hospital charges (except for applicable coinsurance or deductibles) incurred through noon of the day after the BFCC-QIO gives you its decision.
- If you get any inpatient hospital services after noon of that day, you may have to pay for them.
- If you decide to stay in the hospital during the appeals process and the BFCC-QIO agrees with the original decision to change your status, you’ll be responsible for payment of services you get during the appeal process.
In other settings:
- If they decide your services are ending too soon: Depending on your care needs, Medicare may continue to cover your skilled nursing facility, home health agency, comprehensive outpatient rehabilitation facility (CORF), or hospice services (except for applicable coinsurance or deductibles).
- If they decide your services should end: You won't be responsible for paying for any SNF, HHA, CORF, or hospice services provided before the coverage end date on the "Notice of Medicare Non-Coverage." If you continue to get services after the coverage end date, you may have to pay for those services.
Contact your BFCC-QIO for help
You can also contact your BFCC-QIO or your state’s survey agency to ask questions, report complaints about the quality of care you or someone got for a Medicare-covered service, or if you aren’t satisfied with your provider’s response to your concern. You may need to start a separate appeals process for any items or services you get after the decision to end services.