Coverage type · Medicare
Original Medicare (Parts A and B)
Medicare paid by the federal government, not a private plan. A denial arrives on a Medicare Summary Notice, with five levels of appeal. If a hospital stay, rehab or nursing care is ending, use the red box below: that clock is much shorter.
On this page 8
- Who has this
- People who get their Medicare hospital and medical coverage directly from the federal government, not through a private Medicare Advantage plan.
- Who regulates it
- The Centers for Medicare & Medicaid Services, a federal agency. Your claim is first decided by a Medicare Administrative Contractor; later levels are the Qualified Independent Contractor, the Office of Medicare Hearings and Appeals, the Medicare Appeals Council and federal court.
- Can your state help?
- Partly. The appeal levels are federal, so your state insurance department does not run them. Your state's State Health Insurance Assistance Program gives free one-on-one Medicare counseling. Find your state's program on your state page. Find your state.
How to tell this is your coverage
- Your denial arrives on a Medicare Summary Notice. Medicare says the notice is not a bill. The paper notice is mailed every 6 months if you received services in that period, and electronic notices are available monthly.
- Your claims are decided by a Medicare Administrative Contractor, a private company that processes Original Medicare claims.
- Before some care, your doctor, hospital or supplier may have given you an Advance Beneficiary Notice of Noncoverage. This form is used only in Original Medicare. It warns you that Medicare is expected to deny payment and that you may have to pay.
- You are not enrolled in a Medicare Advantage plan or any other private plan that replaces Original Medicare.
The appeal steps, in order
-
First appeal
Official name: Redetermination
- Who decides
- The Medicare Administrative Contractor that decided your claim
- Your deadline
- 120 calendar days after you receive the Medicare Summary Notice. Medicare treats you as receiving it 5 calendar days after the date on the notice. The request counts as filed on the day the contractor receives it. There is no minimum dollar amount. A late request can be accepted for good cause, such as serious illness or not receiving the notice. Check the date on your notice, which controls.
- Their deadline
- 60 calendar days after the contractor receives your timely request. Each time you send more evidence after filing, the contractor's deadline can be extended by up to 14 calendar days.
- What to send
- A written request that follows the instructions on your Medicare Summary Notice, or Form CMS-20027 (optional). Say which claim and service you dispute and why you disagree. Attach records or a letter from your doctor that support your case.
- Form
- Form CMS-20027 (optional)
- If you lose, or hear nothing
- If the contractor upholds the denial, you can ask a Qualified Independent Contractor for a reconsideration (second appeal).
- The rule
- 42 CFR 405.942, filing a redetermination request
-
Second appeal
Official name: Reconsideration
- Who decides
- A Qualified Independent Contractor
- Your deadline
- 180 calendar days after you receive the redetermination notice. Medicare treats you as receiving it 5 calendar days after the date on the notice. There is no minimum dollar amount. Check the date on your notice, which controls.
- Their deadline
- 60 calendar days after the contractor receives your timely request, extended by up to 14 calendar days for each later evidence submission. If the contractor misses the deadline, you may ask in writing to move your case to an Administrative Law Judge.
- What to send
- Form CMS-20033 or a written request. Explain why the redetermination was wrong and add any new evidence, such as medical records or a doctor's letter.
- Form
- Form CMS-20033
- If you lose, or hear nothing
- If the Qualified Independent Contractor upholds the denial and enough money is still in dispute, you can ask for a hearing before an Administrative Law Judge.
- The rule
- 42 CFR 405.962, filing a reconsideration request
-
Hearing
Official name: Administrative Law Judge hearing
- Who decides
- An Administrative Law Judge at the Office of Medicare Hearings and Appeals
- Your deadline
- 60 calendar days after you receive the Qualified Independent Contractor's decision. Medicare treats you as receiving it 5 calendar days after the date on the decision. The amount still in dispute must be at least $200 for 2026, and the amount stays $200 for 2027. Under set conditions you can combine claims to reach the amount. Check the date on your decision, which controls.
- Their deadline
- The regulation's target is 90 calendar days after the hearing request, unless the time is extended or waived (180 calendar days for a case moved up from the Qualified Independent Contractor). Actual waits can differ from this target.
- What to send
- A written hearing request on Form OMHA-100, with a copy of the Qualified Independent Contractor's decision. Add the evidence that supports your claim.
- Form
- Form OMHA-100
- If you lose, or hear nothing
- If you disagree with the judge's decision, you can ask the Medicare Appeals Council to review it.
- The rule
- 42 CFR 405.1002, request for an Administrative Law Judge hearing
-
Appeals Council review
Official name: Medicare Appeals Council review
- Who decides
- The Medicare Appeals Council, which reviews your case fresh
- Your deadline
- 60 calendar days after you receive the judge's decision. Medicare treats you as receiving it 5 calendar days after the date on the notice. There is no additional dollar minimum. Check the date on your decision, which controls.
- Their deadline
- 90 calendar days (180 calendar days if your case was moved up from the Office of Medicare Hearings and Appeals).
- What to send
- A written request on Form DAB-101. Say which parts of the judge's decision you disagree with and why.
- Form
- Form DAB-101
- If you lose, or hear nothing
- If the Council upholds the denial and enough money is still in dispute, you can bring a civil action in federal court.
- The rule
- 42 CFR 405.1102, request for Appeals Council review
-
Federal court
Official name: Judicial review in federal district court
- Who decides
- A federal district court
- Your deadline
- 60 calendar days after you receive the Council's decision. Medicare treats you as receiving it 5 calendar days after the date on the notice. The amount still in dispute must be at least $1,960 for 2026. It rises to $2,000 for requests filed on or after 1 January 2027. Check the date on your decision, which controls.
- Their deadline
- The court sets its own schedule.
- What to send
- A civil action filed in court, which follows the court's own rules. Talk to a lawyer or a free legal aid program before this level.
- If you lose, or hear nothing
- This is the last level.
- The rule
- 42 CFR 405.1130, judicial review
If waiting could harm your health
Some decisions have a fast appeal that runs separately from the five levels, and its deadline can be hours, not days. You ask the Quality Improvement Organization, which is free. Hospital discharge: ask by phone or in writing no later than the day you are discharged; the reviewer decides within one calendar day after it has the information it asked for. If you ask in time, you do not owe for the hospital stay (other than normal coinsurance and deductible) until noon of the calendar day after you are told the decision. Ending skilled nursing facility, home health, comprehensive outpatient rehabilitation facility or hospice care: ask the Quality Improvement Organization by noon of the calendar day after you receive the Notice of Medicare Non-Coverage. The numbered steps near the top of this page set it out. Observation status: if the hospital formally admitted you and then reclassified you as an outpatient, and you meet the conditions on this page, ask before you are released from the hospital; the decision is due within 1 calendar day after the reviewer gets your records. A late request is still reviewed, but without the fast deadline or the protection from charges. Check the date and time on your notice, which controls.
Free help for this coverage
- State Health Insurance Assistance Program (SHIP)
Free one-on-one Medicare counseling that is not connected to any insurance company. Find your local program at shiphelp.org or by calling 877-839-2675. Your state page lists your state's program.
- 1-800-MEDICARE
Call 1-800-633-4227 (text telephone 1-877-486-2048). A person answers 24 hours a day, 7 days a week (as listed on Medicare.gov in November 2026). If a complaint or appeal is unresolved, ask the representative to submit it to the Medicare Beneficiary Ombudsman.
- Quality Improvement Organization (fast appeals and quality-of-care complaints)
Free. Two organizations serve the country. Acentra Health: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont 888-319-8452; Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee 888-317-0751; Arkansas, Louisiana, New Mexico, Oklahoma, Texas 888-315-0636; Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming 888-317-0891; Alaska, Idaho, Oregon, Washington 888-305-6759. Commence Health: New Jersey, New York, Puerto Rico, Virgin Islands 866-815-5440; Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia 888-396-4646; Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin 888-524-9900; Iowa, Kansas, Missouri, Nebraska 888-755-5580; Arizona, California, Hawaii, Nevada and Pacific territories 877-588-1123. Numbers as listed on the Centers for Medicare & Medicaid Services map in November 2026. Confirm the number on the organization's own site before you rely on it.
- Medicare Rights Center helpline
A national nonprofit. Free helpline 800-333-4114, Monday to Friday (as listed in November 2026); Spanish is available by pressing 8. Help is by phone only, and the organization asks you not to send personal Medicare information online.
- Legal aid
Free civil legal help for people with low incomes. A program can advise you on an appeal, especially at the hearing level and beyond, but it cannot take every case. Your state page lists legal aid programs for your state.
Who this covers
This page is for people whose Medicare hospital and medical coverage comes straight from the federal government. If a private company runs your Medicare plan, see Medicare Advantage. If your denial is for a prescription drug, see Medicare drug plans. If you are not sure which coverage you have, try the coverage type finder.
If you are told your hospital stay, rehab, nursing care, home health or hospice care is ending
- Find the notice. For a hospital stay it is the Important Message from Medicare. For skilled nursing, home health, rehabilitation or hospice care it is the Notice of Medicare Non-Coverage (Form CMS-10123, named for the Centers for Medicare & Medicaid Services). The provider must give you the second one no later than 2 days before covered services end.
- Call the Quality Improvement Organization today. This is the independent Medicare reviewer. Its phone number is on the notice. If you cannot find the notice, call 1-800-MEDICARE (1-800-633-4227) and ask for the reviewer for your state.
- Know your time limit. Hospital stay: ask no later than the day you leave. Skilled nursing, home health, rehabilitation or hospice care: ask by noon of the calendar day after you receive the notice. If the notice gives an earlier time, use the earlier one.
- Ask for a fast appeal. You can ask by phone or in writing. Write down the date, the time and the name of the person you spoke to. If nobody answers, leave a message and note the time.
- Know what happens next. The reviewer decides within one calendar day for a hospital stay, and within 72 hours of your request for the other services. A timely request also protects you from being billed for the extra days while the review runs.
- If you miss the time. A late request is still reviewed, but without the fast deadline or the protection from charges. Call anyway.
See the fast appeals guide for a worked date example and the phone script for a fast Medicare appeal.
How to tell this is your coverage
Look at the notice you received. A Medicare Summary Notice from Original Medicare says it is not a bill and explains how to ask for a first appeal, which Medicare calls a redetermination. Medicare Summary Notices come on paper every 6 months, and electronic notices are available monthly. The 120 days run from receiving the notice, so checking your claims in your online Medicare account lets you see decisions sooner.
If a hospital or care provider handed you a notice just before care ended, use the fast appeal in the box above. Do not wait for the Medicare Summary Notice. Use the Medicare appeal navigator to see your steps, or read the five levels in more detail.
What does not apply to you
The rules for Medicare Advantage plans, Medicare drug plans and Medigap policies are different, and so are their deadlines. You do not wait for an insurer to forward your case to an independent reviewer: in Original Medicare you file each level yourself, inside its deadline. State appeal rights for private insurance, and state external review, do not apply.
Prior authorization (approval before care) has now reached part of Original Medicare. A pilot called the Wasteful and Inappropriate Service Reduction model has used it since 1 January 2026, and runs through 31 December 2031, for selected services such as skin substitutes, electrical nerve stimulator implants and knee arthroscopy for osteoarthritis, in New Jersey, Ohio, Oklahoma, Texas, Arizona and Washington. It does not apply to Medicare Advantage and does not change coverage rules. The federal Centers for Medicare & Medicaid Services (CMS) page does not say how a request that is not approved under the pilot is appealed. Read the notice you receive, and call 1-800-MEDICARE if it does not say.
Where people go wrong
- Counting “60 days” for the first appeal. The first appeal in Original Medicare has 120 days. The 60-day figure belongs to later levels.
- Believing Medicare stops paying once you stop improving. It does not. Under a court settlement called Jimmo v. Sebelius, skilled nursing and skilled therapy can be covered to maintain your condition or slow decline, even if you are not improving.
- Missing the fast appeal. The hospital discharge and care-ending deadlines are measured in hours or days. A late request is still reviewed, but you lose the fast deadline and the protection from charges.
- Assuming observation status cannot be appealed. A person who was formally admitted and then switched to observation can appeal, if they had no Part B coverage then, or stayed in the hospital 3 or more consecutive days but were an inpatient for fewer than 3 days. A person who was never formally admitted cannot use this appeal. The window to appeal older stays closed on 2 January 2026. Read the observation status guide.
- Paying a provider who knew Medicare would deny. If neither you nor the provider knew, or could reasonably have been expected to know, that a service would be denied as not reasonable and necessary, Medicare can still pay. You are treated as knowing only if you were given written notice. A doctor who does not accept assignment generally has to refund money collected for such a service within 30 days of the denial notice, with exceptions. Ask your doctor’s office before you pay, and keep any form you signed.
- Going to court without checking the amount. A hearing needs at least $200 in dispute in 2026, and court needs at least $1,960.
Free help is listed above. You can also name someone to act for you with Form CMS-1696, Appointment of Representative.
Sources
- 42 CFR 405.942, time and place for filing a redetermination
- 42 CFR 405.962, time and place for filing a reconsideration
- 42 CFR 405.1002, right to an Administrative Law Judge hearing
- 42 CFR 405.1102, request for Appeals Council review
- 42 CFR 405.1130, judicial review
- Federal Register notice CMS-4213-N, amount in controversy threshold amounts (2026-19016, 16 September 2026)
- 42 CFR 405.1205, 405.1206, notices and fast appeal of hospital discharge
- 42 CFR 405.1200 and 405.1202, fast appeal when skilled nursing, home health, rehabilitation or hospice services end
- 42 CFR 405.1210 and 405.1211, appeal of a change from inpatient to observation status
- Medicare.gov, appeals in Original Medicare
- Medicare.gov, Medicare Summary Notice
- CMS beneficiary notices, including forms CMS-10065, CMS-10123, CMS-10868 and CMS-R-131
- CMS, hospital appeals of a change in inpatient status (Alexander v. Azar)
- CMS, Jimmo settlement
- CMS, Quality Improvement Organizations and the regional map
- CMS, Medicare Beneficiary Ombudsman
- Administration for Community Living, State Health Insurance Assistance Program
- CMS, Wasteful and Inappropriate Service Reduction model