Patient’s Rights Helpline

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).

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 patients 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 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 1-866-815-5440. 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!
• LIVANTA may also be reached for information or other complaints 1-866-815-5440.
• In NY all hospital patients have discharge appeal rights regardless of who pays.

Call for more information, help with a problem or to share your experiences with StateWide’s Hospitals Patients Rights Advocacy Project. Toll-free HELPLINE: 800-333-4374

News Headlines

3/24/2020: Federal Court Orders Appeal Rights on “Observation Status” Issue for Certain Medicare Hospital Patients

Information for Hospital Patients in NYS

• Telephone Teach-Ins
• StateWide Hospital Patient Rights Tool Kit
• Observation Status
• 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 with links to additional information.

Improving Patient’s Safety – Information from our Partners

• Better Together Campaign of the Institute for Patient and Family Centered Care which offers a self assessment tool to help hospitals improve Change their policies to create a patient- and family-centered culture where families are recognized as essential to patients’ health and well-being, and where they are respected as allies for quality and safety.
  • Best Practices
  • Better Together Assessment
• Take Charge Campaign National Initiative  that will kick off in March and run through September to educate patients and caregivers to improve patient safety and empower patients.   Here is a link to a short video about the campaign.
• Age Friendly Health Systems is a National and State Initiative started by the Hartford Foundation  to improve care for the elderly using the 4Ms approach.  

Community Voices for Health System Accountability (CVHSA).  An alliance of NY consumer advocacy organizations working to raise the voices of communities impacted by major changes such as mergers, down sizing, and closings of hospital systems.  

1. Facebook
2. Twitter

We want to hear from you!

New York StateWide Senior Action Council was one of the consumer advocacy groups that participated in developing the guide and supported making its distribution a legal requirement in New York. Let us know what you think about this guidebook and about your hospital experiences. Contact us if you would like to have someone speak to your group about patients rights.