Patients’ Rights Helpline –
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 with links to additional information.
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:
- two additional days without financial liability, whether or not an appeal is requested;
- 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 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 866-815-5440.
- In NY all hospital patients have discharge appeal rights regardless of who pays.
Virtual Resident Family Action Council Meetings
- MAY 24, Culture Change – “Creating Home Within the Nursing Home.” (VIEW PRESENTATION)
- MAR 21, Admission, Discharge and Transfer (VIEW PRESENTATION)
- JAN 24, Monitoring Care in Nursing Homes (VIEW PRESENTATION)
- NOV 15, Quality of Care (VIEW PRESENTATION)
- AUG 10, Nursing Home Visitation (VIEW PRESENTATION)
Teach ins (Webinars)
Our Teach ins are targeted at our members and other individuals and organizations across the state that are interested in helping keep seniors independent and help them obtain needed services.
- View our upcoming and past Teach ins
- Speakers are professionals in their field who present on topics such as: How to Appeal a Nursing Home Discharge or Complaint; Empowering New York Consumers in an Era of Hospital Consolidation and COVID-19: Things You Need to Know from a Knowledgeable Elder Law Attorney.
- Speaker presentation materials and recordings are found on our Website for viewing and sharing.
Hospital Patients’ Rights Toolkit
The Toolkit includes easy to read brochures on:
- NEW Brochure – Going to the Hospital for an Invasive Procedure
- How to fight Medicare Fraud
- Questions and Answers about Your Medical Records
- Take This Brochure to the Hospital (information to help make your stay a healthy and safe one).
- Advanced Directives
- The Roles and Responsibilities of and Effective Health Care Agent
- Funeral Needs: Know Your Rights
- Observation Status and the Medicare Appeals Process
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.
- 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.
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.
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.
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
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 email@example.com
Call us at 1-800-333-4374 or email us at firstname.lastname@example.org for FREE personalized, confidential, unbiased information about Medicare options including prescription drug plans.