Patients’ Rights Helpline –

1-800-333-4374

StateWide has a toll-free number to assist patients and their families with their rights. This valuable service was established forty years ago when hospital payment policies began seeing patients discharged quicker and sicker to maximize reimbursement.

• We provide consultation to helpline callers on appealing discharges or complaining to the Center for Medicaid and Medicare Services (CMS) or the NYS Department of Health (DoH)
• We monitor trends in patients’ rights to help suggest policy and program changes to improve the systems.
• We advocate for Consumer Education: Help older persons and family members and aging network professionals stay informed about health care issues, care quality, and patients’ rights through monthly Telephone Teach ins by knowledgeable experts and through presentation to community groups.

Medicare Patients in Hospitals: KNOW YOUR RIGHTS

Medicare requires hospital to provide important written notices to beneficiaries when they are in the hospital.

One notice is the “Important Message from Medicare” which must be given upon admission to the hospital, in the guidebook “Your Rights as a Hospital Patient in NYS.”

The other notices concern discharge protections that may be requested by the patients BEFORE discharge, called the Hospital Issue Notice of non-coverage (HINN) or if you are in an HMO, the Notice of Discharge and Medicare Appeal Rights (NODMAR).

• Patients’ Rights Booklet from the New York State Department of Health: “Your Rights as a Hospital Patient in New York State Booklet“
• In New York State Hospital patients have a Bill of Specific Rights!  Here is a link to the Patients’ Bill of Rights.

REMEMBER: GET IT IN WRITING while in the hospital!

Patients covered by original Medicare (not HMOs or Medicare Advantage/Medicare + Choice plans) should ask for the HINN. HINN explains the two protections you may use if a patient is being asked to leave too soon or has problems with the discharge plan.

The two protections are:

1. two additional days without financial liability, whether or not an appeal is requested;
2. the right to also have a fast review/appeal done by a Quality Improvement Organization (QIO) without financial liability before the patient leaves the hospital. In New York the QIO is LIVANTA.

Patients in HMOs or Medicare Advantage Plans (formerly Medicare + Choice plans)

• Should ask for the Notice of Discharge and Medicare Appeal Rights (NODMAR) if they believe they are being asked to leave the hospital too soon or have problems with their discharge plan.
• They have the right to a fast review/appeal before leaving the hospital. [they do not get two additional days.] To get the fast review, they must call LIVANTA not their HMO or managed care plan.
• For all fast discharge appeals call LIVANTA at 866-815-5440. By noon of the next working day after getting a notice in writing, whether in regular Medicare or in an HMO.
• Remember: a fast review/appeal is done BEFORE the patient leaves the hospital!
• Call LIVANTA for information or other complaints 866-815-5440.
• In New York, all hospital patients have discharge appeal rights regardless of who pays.