Hospital Discharge Appeal Rights

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Hospital Discharge Appeal Rights

• Cheryl Cook, RN
• Project Director

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Overview

• Sections 1154 and 1866 (a) (1) (M)
• Beneficiaries have a right to QIO review of
  discharge decisions
• Hospitals continue to be responsible for
  notifying beneficiaries of this right
• Notification requirements revised by CMS-4105-F

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Medicare Beneficiaries Covered by the Rule

• Original Medicare and Medicare Health plan
  enrollees
• Dual-eligible Medicare and Medicaid
• Medicare Secondary Payer

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IM Delivery Requirements for the Initial Copy

• Within 2 days of inpatient admission
• During pre-registration visit, but not more than
  7 calendar days prior to admission
• Use standardized notice (CMS-R-193)
• Ensure beneficiary comprehension
• Signed and dated by beneficiary

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Hospitals Affected by this Rule

• Any facility providing care at the inpatient
  hospital level
• Short term or long term
• Acute or non-acute
• Paid through a prospective payment system or
  other reimbursement basis
• Limited to specialty care or providing a broader
  spectrum of services
• Includes critical access hospitals

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Hospital Exclusions

• Swing beds in hospitals when used as skilled
  nursing beds
• Outpatient departments (ED, Observation beds)
• Religious non-medical health care institutions

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IM Delivery Requirements for the Follow-Up Copy

• As soon as possible when discharge is planned,
  but no more than 2 days before
• Avoid routine delivery of follow-up IM on day of
  discharge
• At least four hours prior to discharge
• May give new IM and obtain signature again
• Must document delivery and demonstrate compliance

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Notice Delivery to Representatives

• For patients unable to speak for themselves, use
  state guidelines to identify responsible person
• Delivery should be in person
• Delivery may be by phone (not by voicemail) with
  a notice mailed or faxed that same day

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Notice Delivery to Representatives

• If a representative agrees, notice may be
  e-mailed following telephone call
• Electronic transmissions must meet HIPAA
  requirements
• If unable to reach by phone, the notice may be
  sent by certified mail date of signature or
  refusal is the date of notification

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Requesting QIO Review

• Beneficiary must submit a request to the QIO no
  later than the day of discharge
• Beneficiary should not be discharged if he/she
  requests QIO review
• Request may be in writing or by telephone

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Timely Requests Liability During the QIO Review

• Beneficiary is only responsible for coinsurance
  and deductibles for inpatient hospital services
  furnished before noon of the day after the QIO
  notifies the beneficiary of its decision

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Timely Request Liability after QIO Review

• QIO agrees with the hospital Liability for
  continued services begins at noon of the day
  after the QIO notifies the beneficiary, or as
  determined by the QIO
• QIO agrees with the beneficiary No beneficiary
  liability for continued care (other than
  coinsurance and deductibles)

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Untimely Requests Liability During QIO Review

• Beneficiaries who do not request a review and
  remain in the hospital past the discharge date
• May request QIO review at any time
• May be charged for any services provided after
  the discharge date
• Will be refunded any funds collected, if the QIO
  finds for the patient
• Beneficiaries who miss the deadline and leave the
  hospital continue to have the right to request a
  QIO review within 30 calendar days of the date of
  discharge

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Hospital Responsibilities During Review
As soon as possible, but not later than noon of
the day after the QIO notifies a hospital of the
review request, the hospital must

• Deliver the Detailed Notice of Discharge using
  the standardized notice.
• Provide all information the QIO needs by
  telephone or in writing at the QIOs discretion.

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Hospital Responsibilities During Review

• If requested, provide copy of information to
  beneficiary
• Burden of proof is on the hospital
• Failure to give needed information may result in
  a decision based on evidence at hand or a delay
  in making the decision

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QIO Responsibilities

• Notify the hospital of the beneficiarys request
  for a review
• Receive and examine records
• Determine if notice delivery was valid
• Solicit the views of the beneficiary
• Solicit the views of the hospital
• Issue a decision within the applicable time frame

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QIO Decision-making Time Frames

• Timely requests one calendar day after all
  information is received
• Untimely request (in hospital) 2 calendar days
  after all information is received
• Untimely request (not in hospital) 30 calendar
  days after all information is received

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Special Considerations

• Inpatient-to-inpatient transfers
• Preadmission/Admission for services that are not
  reasonable and necessary
• Pre/admission/Admission for services Medicare
  never covers
• Change of status from inpatient to outpatient
• End of Part-A days
• Hospital requested review (42 CFR Part 405.1208)

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Differences for Medicare Health Plans

• Plan may delegate delivery of the Detailed Notice
• Review of untimely reviews are done by the plan
• Hospitals and plans both have responsibilities
  when providing information to the QIO
• Hospital-requested QIO reviews should occur only
  in consultation with the plan

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The NODMAR and HINN

• NODMAR will no longer be used
• HINNs for continued stay are no longer used
• Continue using
• Preadmission/Admission HINN
• New Inpatient Hospital Stay ABN
• HINN 11
• HINN 10 replaced by Notice of Hospital Requested
  Review (HRR)

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For More Information

• www.cms.hhs.gov/BNI - Click on Hospital
  Discharge Appeal Notices

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Case Studies

• Case Study 1
• Bob Beneficiary has been in the hospital for
  three days. His physician, Dr. Seuss, is
  discussing discharge and Bob does not feel he is
  ready to go. Bob is mentally alert and acts on
  his own behalf. Please fill out the IM and give
  it to Bob.

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Case Studies

• Case Study 2
• Blanche Beneficiary is currently in the hospital
  after falling and breaking her hip. Her
  physician, Dr. Pepper, is considering sending her
  to rehab. She is not able to act on her own
  behalf so the discharge planner needs to contact
  her daughter, Brenda. She has not been able to
  reach Brenda by phone or give the IM to her in
  person. Please fill out the IM and describe the
  process to get it to Brenda.

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Over 1 million drug-related injuries occur every
year in health care settings. The Institute of
Medicine estimates that at least a quarter of
these injuries are preventable. To find out how
to prevent medication errors, go to
http//www.hsag.com/ca_drugsafety
www.hsag.com
This material was prepared by Health Services
Advisory Group, the Medicare Quality Improvement
Organization for California, under contract with
the Centers for Medicare Medicaid Services
(CMS), an agency of the U.S. Department of Health
and Human Services. The contents presented do not
necessarily reflect CMS policy. Publication No.
CA-9SOW-6.1-062209-01
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