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

Improving Patient’s Safety – Information from our Partners

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.  

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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.

StateWide's Certified Counselors

StateWide’s certified counselors provide FREE personalized, confidential, unbiased information about Medicare options including prescription drug plans.

Call us at 1-800-333-4374 or email us at info@nysenior.org

Contact us

If you are interested in joining the CNY Health Task Force or have any questions please contact our Community Outreach and Digital Organizer, Emily Akpan.

Contact Info:
eakpan.nysenior[at]gmail.com / 347-728-2910.

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