What Care Settings Constitute “Inpatient Hospital Care”?
Inpatient hospital care includes care you get in:
- Acute care hospitals
- Critical access hospitals
- Inpatient rehabilitation facilities
- Long-term care hospitals
- Inpatient care as part of a qualifying clinical research study
- Mental health care (Inpatient mental health care in a psychiatric hospital is limited to 190 days in a lifetime.)
What Sorts of Care are Covered?
Medicare inpatient hospital care coverage includes:
- Semi-private rooms
- Meals
- General nursing
- Drugs as part of your inpatient treatment
- Other hospital services and supplies
Note that covers your doctors’ services you get while you’re in a hospital.
This doesn’t include:
- Private-duty nursing
- Private room (unless )
- Television and phone in your room (if there’s a separate charge for these items)
- Personal care items, like razors or slipper socks
Your doctor or other health care provider may recommend you get services more often than Medicare covers. Or, they may recommend services that Medicare doesn’t cover. If this happens, you may have to pay some or all of the costs. Ask questions so you understand why your doctor is recommending certain services and whether Medicare will pay for them.
Quick Guide to Medicare Coverage and Appeals
Medicare Claims for Inpatient Hospital Care are Suitable for Medicare Coverage and Appeal if They Meet the Following Criteria:
The required care is medically necessary, and the patient’s condition is such that the care can only be provided as an inpatient in a hospital, and:
- A physician certifies that the services are medically necessary and are required to be provided on an inpatient hospital basis for the individual’s medical treatment, or that inpatient diagnostic study is medically required.
- Or inpatient hospital care was initially necessary, and now the individual can only be discharged from the hospital to a skilled nursing facility (SNF), and an appropriate Medicare-certified SNF bed is not available. (Note: A SNF level-of-care means that the patient requires daily skilled services – for example, from skilled therapists and/or nurses)
ADVOCACY TIPS:
- The opinion of the patient’s attending physician/provider is key to obtaining a successful Medicare decision. Ask the physicians, and/or other relevant providers, to state in writing, in as much detail as possible, why the coverage standards described above are met in this patient’s case, and submit their statements with all appeals. (Keep copies of all such documents and relevant notices.)
- A Medicare denial usually does not mean the patient must leave the hospital but does mean further stay will be at the patient’s expense – unless it is successfully appealed.
- Once notified that Medicare coverage will end, the patient is entitled to an “expedited” review of the determination. If an expedited review is requested immediately, the patient may gain additional time in the hospital before a final decision is issued and charges accrue. If the coverage is denied, the Medicare denial notice provided by the hospital will inform the patient how to immediately appeal by calling the “Beneficiary and Family Centered Care-Quality Improvement Organization” (BFCC-QIO).
Locate the BFCC-QIO for the patient’s geographic region online at Medicare.gov.
The BFCC-QIO for Connecticut is Acentra. Available at (888) 319-8452 Mon-Fri 9am-5pm, weekends and holidays 10am-4pm.
ACTION STEPS:
- Ask for a written copy of the hospital discharge plan. Hospitals are required to create a discharge plan to ensure that patients do not suffer adverse health consequences upon discharge. The discharge plan should include pre-discharge counseling and education for the patient and caregivers. It should also include a list of the available Medicare-covered skilled nursing facilities and home health agencies in the patient’s community.
- Object to the discharge plan if it is inappropriate. Object if the discharge plan is unsatisfactory, either because the individual will be discharged from the hospital too soon, or to a non-certified SNF bed, or to a skilled nursing facility that is too far away from the patient’s community, or sent home when a SNF-level care is actually required.
- Watch for a receipt of a written notice called an Important Message from Medicare (IM).
The hospital is required to provide an IM within two days of the patient being admitted and no later than four hours before the individual is discharged. This document will include the telephone number for the Beneficiary Family –Centered Care Quality Improvement Organization (BFCC-QIO). To contest the discharge, call the telephone number provided no later than midnight on the day of discharge and state your objection to the discharge, being as specific as possible why it is not appropriate. (Note: Individuals are not financially responsible for the continued hospital stay until noon of the calendar day after receipt of the BFCC-QIO’s appealdecision.
- Request a Reconsideration
If the BFCC-QIO denies the appeal and agrees that discharge is appropriate, you can file an appeal with a Qualified Independent Contractor (QIC). The appeal must be initiated by noon of the day following the BFCC-QIO’s denial. A decision will be made within 72 hours. While a patient cannot be billed while the QIC’s decision is pending, an unfavorable decision will result in financial liability for the time spent at the hospital waiting for the QIC’s decision.
- Request an Administrative Law Judge (ALJ) hearing and ask the hospital to bill Medicare for uncovered days. The QIC must issue a written copy of its decision with information on how to request the next level of appeal, an Administrative Law Judge (ALJ) hearing. The ALJ request must be submitted within 60 days. Unfortunately, ALJ hearings and decisions often take a long time to complete. ALJs have 90 days from receipt of the request for hearing to render a decision. To get a hearing and decision as quickly as possible, write “BENEFICIARY APPELLANT” in bold on the request and envelope. Most beneficiaries cannot afford to wait for an ALJ hearing while waiting in the hospital.
Note: Typically, beneficiaries who remain in the hospital after a Medicare denial are discharged before an ALJ hearing is scheduled. If this is the case, ask the hospital to submit a claim to Medicare for all uncovered days through the day of discharge. If that claim is denied, the beneficiary can pursue an appeal through the standard Medicare appeals process.
Beneficiaries who are discharged from the hospital prior to an ALJ hearing can request that the hospital bill Medicare for any uncovered days, regardless of whether the discharge contested is with a BFCC-QIO or QIC. Medicare will determine whether coverage was appropriate and issue a Medicare Summary Notice (MSN) with appeal steps.
Articles and Updates
- CMS Updates “Moon” Notice about Observation Status in the Acute Care Hospital March 5, 2026
- It’s Time: Repeal the 3-Day Inpatient Hospital Requirement for Medicare Skilled Nursing Facility Coverage February 10, 2022
- CMS Issues Instructions Regarding the Medicare Outpatient Observation Notice (MOON) February 15, 2017
- Hospitals Must Give Patients Notice of Their Observation Status, Beginning March 8, 2017 December 14, 2016
- Medicare’s Value-Based Purchasing Program for Hospitals: Paying More to Low-Cost Hospitals That Provide Low Quality Care July 6, 2016
- Observation Status and the NOTICE Act: Advocates Not Over the MOON April 27, 2016
- Reducing Hospital Readmissions by Addressing the Causes April 18, 2016
- Office of Inspector General Authorizes Hospitals to Discount or Waive Certain Drug Charges for Patients Classified as “Outpatients” December 10, 2015
- Revisions to “Two-Midnight Rule” Do Not Help Hospitalized Medicare Patients in Observation Status December 2, 2015
- Proposed Revisions to “Two-Midnight” Rule Provide Little, If Any, Relief for Medicare Beneficiaries Stuck in the Hospital in Observation Status July 9, 2015
- Bundling Payments for Post-Acute Care May 14, 2015
- Observation Status: Hospitals May Begin Rebilling Medicare Patients Who Were Hospitalized After October 1, 2013 September 4, 2014
- Inpatient Rehabilitation Facilities and Skilled Nursing facilities: Vive La Difference! July 31, 2014
- Harm from Medicare’s Hospital Observation Status Debated In Congressional Hearing – Center for Medicare Advocacy Presents Beneficiary Perspective May 21, 2014
- New CMS Rules Do NOT Change Requirement for 3-Day Qualifying Inpatient Hospital Stay October 31, 2013
- Observation Status: New Final Rules from CMS Do Not Help Medicare Beneficiaries August 29, 2013
- CMS Updates Guidance for Hospital Discharge Planning May 30, 2013
- CMS Addresses Observation Status Again… And Again, No Help for Beneficiaries May 16, 2013
- Déjà Vu All Over Again: CMS Decides (Again) Not to Decide About Observation Status November 20, 2012
- CMS Invites Public Comment on Observation Status August 9, 2012
- Compare Hospitals or Nursing Homes Using Medicare’s Online Tools July 20, 2012
- More Concerns About Observation Status: Hospitals Join the Chorus July 12, 2012
- Brown University Confirms Observation Continues to Replace Hospital Admission Status June 7, 2012
- Medicare Hospital Readmissions May 2, 2012
- Reducing Rehospitalizations… The Right Way March 1, 2012
- Preserving Access to Necessary Care: Ending Hospital “Observation Status” November 3, 2011
- Congressman Joe Courtney and Center for Medicare Advocacy Hold Congressional Briefing on Observation Status October 24, 2011
- Study Finds that Use of Hospitalists Shifts Costs from Inpatient Care to Post-Discharge Setting September 8, 2011
- CMA And Others Support Legislation to End “Observation Status” June 21, 2011
- Extended Observation Stays in Acute Care Hospitals: Criticism, Legislation and Discussion August 26, 2010
- The Right to Visit Partners and Others In Medicare Participating Hospitals June 22, 2010
- Observation Services: What Can Beneficiaries and Advocates Do? February 18, 2010
For older articles, please see our historical archive.