How to appeal a Medicare denial for home health care

How to appeal a Medicare denial for home health care - Meet DANNY

If Medicare or a Medicare Advantage plan denies home health care, you have the right to appeal — and appeals frequently succeed. The Medicare appeals process has five levels, starting with a redetermination request that must be filed within 120 days of receiving the denial notice. Getting a doctor to write a strong supporting letter and documenting your loved one’s homebound status and skilled care needs are the most important steps to winning.

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The five levels of Medicare appeals

  1. Redetermination: Reviewed by the same Medicare Administrative Contractor that made the initial decision. File within 120 days. Most families start here.
  2. Reconsideration: Reviewed by a Qualified Independent Contractor. File within 180 days of the redetermination decision.
  3. ALJ Hearing: Hearing before an Administrative Law Judge. Available if the amount in dispute is at least $180 (2025). File within 60 days.
  4. Medicare Appeals Council: Review by the Departmental Appeals Board. File within 60 days of the ALJ decision.
  5. Federal Court: Final option if the amount in dispute is at least $1,870 (2025).

What to include in your appeal

  • A letter from your loved one’s physician explaining the medical necessity of home health care, documenting homebound status, and specifying the skilled care needed
  • Any clinical notes or documentation supporting the need for skilled nursing or therapy
  • A statement in your own words describing your loved one’s functional limitations and why leaving home requires considerable effort
  • The Medicare Summary Notice or Explanation of Benefits showing the denial

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Important: the ABN and Expedited Appeals

If a home health agency tells you Medicare won’t pay for continued services, they must give you an Advance Beneficiary Notice of Noncoverage (ABN) or a Notice of Medicare Non-Coverage (NOMNC). The NOMNC triggers your right to a fast appeal — you can request an expedited review from a Beneficiary and Family Centered Care Quality Improvement Organization (BFCC-QIO), which must make a decision within one business day. This is critical if your loved one’s care is being cut off — request the fast appeal immediately.

When to get help

Your State Health Insurance Assistance Program (SHIP) provides free Medicare counseling including help with appeals. Every state has a SHIP — find yours at shiphelp.org. For large disputes, a Medicare patient advocate or elder law attorney can also represent your loved one.

Frequently asked questions

How often do Medicare appeals succeed?

Appeal success rates vary by level and type of service, but studies have consistently shown that a significant portion of Medicare denials are overturned on appeal. Appeals with strong physician documentation and clear documentation of homebound status have the highest success rates.

What is an ABN and do I have to sign it?

An Advance Beneficiary Notice of Noncoverage (ABN) is a written notice a provider gives you when they expect Medicare won’t pay for a service. You can sign and still receive the service (paying out of pocket if the appeal fails), sign and refuse the service, or refuse to sign. Signing does not mean you accept financial responsibility — it means you acknowledge you’ve been informed.

Can a Medicare Advantage plan deny services original Medicare would cover?

Medicare Advantage plans use prior authorization and their own clinical criteria, which can differ from original Medicare’s coverage rules. However, the plan must cover all services that original Medicare covers. If you believe an MA denial contradicts Medicare coverage rules, appeal using the plan’s process and escalate to the Medicare Appeals Council if needed.

How long does a Medicare appeal take?

Redeterminations must be completed within 60 days. Reconsiderations by a QIC must be completed within 60 days. ALJ hearings have a 90-day target. Fast appeals through the BFCC-QIO for ongoing care decisions must be decided within one business day.

What if my loved one cannot wait for the appeals process?

If care is being terminated and your loved one’s health or safety is at immediate risk, request an expedited (fast) appeal through the BFCC-QIO. You can also contact your State Health Insurance Assistance Program (SHIP) or a Medicare advocate for emergency assistance.