Urgent help
They're discharging Mom and insurance denied rehab. What to do in the next hour.
Some of these rights end when she leaves the building. Do the steps in order, and keep the paperwork the hospital hands you.
- Ask: is she an inpatient, or "under observation"?
Observation days don't count toward the 3 inpatient days Original Medicare needs before it pays for rehab. If she was under observation for more than 24 hours, the hospital must give you a MOON notice explaining it. If she was admitted as an inpatient and then switched to observation, she may now have the right to a fast appeal of that switch.
"Is my mother an inpatient or an outpatient under observation? On what dates?"
- Find the notice with the phone number on it
Leaving the hospital: look for "An Important Message from Medicare about Your Rights." Rehab, home health or hospice ending: look for the "Notice of Medicare Non-Coverage." The phone number for the independent reviewer (called the BFCC-QIO) is printed on it.
- Call the reviewer before she leaves
For a hospital discharge, call no later than the day she's scheduled to leave, before she leaves. She can stay while the reviewer decides, and you won't pay for those extra days except normal deductibles and coinsurance. For rehab or home health ending, call by noon the day before services end.
"I'm calling to request a fast appeal of my mother's discharge. I don't believe she is ready to go home safely."
- Medicare Advantage said no to rehab? Ask the doctor to request a fast decision
When the doctor says waiting could seriously harm her health, the plan must decide within 72 hours in most cases. Since January 1, 2024, Advantage plans must follow Original Medicare's coverage rules for skilled nursing. If Original Medicare would cover it, the plan generally can't refuse it.
"Please request an expedited reconsideration and ask whether Original Medicare's skilled nursing criteria are met."
- Ask the doctor to put the skilled need in writing
Coverage depends on what's documented. See the box below for exactly what helps.
- Call for free Medicare help
Call 1-800-MEDICARE or your state's free Medicare counseling program (SHIP). You can also send CoCare a general question.
When the closest facility can't take her
- Larger body size or weight, which needs special (bariatric) beds, lifts and wheelchairs, and extra staff
- Memory care needs or a risk of wandering
- Dialysis, IV antibiotics or complex wound care
- Breathing support, such as a ventilator
- No open beds
The official rules
Hospital discharge: ask the reviewer no later than the day you're scheduled to be discharged from the hospital.
While waiting, you can stay in the hospital while you wait to get the BFCC-QIO's decision.
Medicare.gov
Rehab, home health or hospice ending: you get a notice at least 2 days before covered services end
and must ask no later than noon the day before the termination date listed on the notice.
Medicare.gov
Medicare Advantage: The plan must give you its decision within 72 hours
when the doctor says waiting could seriously jeopardize health. Plans must follow General coverage and benefit conditions included in Traditional Medicare laws
(42 CFR 422.101(b)(2), in effect since 2024). Medicare.gov · Regulation
You can ask an independent reviewer to stop a discharge that's too early, and Mom can stay while they decide, usually within a day. If she has an Advantage plan, the plan must give a fast answer when the doctor says waiting could seriously harm her health, and the plan can't use stricter rules than regular Medicare for rehab.
What the doctor needs to document
- The dates she was a formal inpatient (Original Medicare needs 3 days in a row; the discharge day doesn't count)
- That she needs daily skilled care, such as therapy or nursing, and why it can't safely be done at home
- Her current function: walking, transfers, toileting, and fall risk
- Improvement isn't required: Medicare covers skilled care
necessary to maintain the patient's current condition or prevent or slow further deterioration
(the Jimmo settlement)
What rehab costs under Original Medicare in 2026
Medicare Advantage plans set their own copays. Check the plan's Evidence of Coverage.
Last checked October 28, 2026. Sources: Medicare skilled nursing coverage · CMS 2026 costs · MOON notice · Inpatient-to-observation appeals · Jimmo settlement