How to file the first appeal
- Find the notice. Original Medicare: your Medicare Summary Notice (MSN), mailed every four months or online in your Medicare.gov account. Medicare Advantage or Part D: the denial letter from your plan.
- Check the deadline. 120 days from the date you get the MSN for Original Medicare; 65 days from the date on the plan's notice for Medicare Advantage or Part D.
- Get support from your doctor. A letter explaining why the service, item or drug is medically necessary is often the deciding piece of evidence.
- File in writing. For Original Medicare, circle the denied items on the MSN, explain why you disagree and send it to the address on the notice, or use the redetermination request form (CMS-20027). For a plan, follow the instructions in its letter.
- Keep copies of everything you send and write down the date.
If the answer is still no
There are five levels in all. After the first, a Qualified Independent Contractor (Original Medicare) or an Independent Review Entity (plans) takes a fresh look, then an Administrative Law Judge, the Medicare Appeals Council and federal court. Medicare Advantage plans send a denied reconsideration to the independent reviewer automatically; for Part D you must ask. Levels 3 and 5 require a minimum amount in dispute that Medicare sets each year.
| Coverage | First step | Deadline |
|---|---|---|
| Original Medicare | Redetermination by the Medicare contractor | 120 days after you get the MSN |
| Medicare Advantage | Reconsideration by the plan | 65 days from the plan's notice |
| Part D | Redetermination by the plan | 65 days from the plan's notice |
| Ohio Medicaid | State hearing with ODJFS (MyCare plans: plan appeal first, within 60 days) | 90 days from the notice's mailing date |
Who helps in Ohio
1-800-MEDICARE (1-800-633-4227) answers questions about any Medicare notice. Commence Health (formerly Livanta), Ohio's Medicare quality improvement organization, handles fast appeals when a hospital, nursing facility, home health or hospice stay is ending, at 1-888-524-9900. The Ohio Department of Insurance (1-800-686-1526) takes complaints about Medigap and other insurers but can't overturn a Medicare decision. Full details in Medicare appeals in Ohio.
Related questions
How do I appeal a hospital discharge in Ohio?
Fast appeals with Commence Health.
How can I help a parent with Medicare?
Acting as a representative.
Medicare phone numbers for Ohio
Every official line.
Sources
- Medicare.gov — Appeals in Original Medicare
- Medicare.gov — Appeals in Medicare health plans
- Medicare.gov — Appeals in Medicare drug plans
- Ohio Administrative Code 5101:6-3-02 — State hearings: time limits
- CMS — Beneficiary and Family Centered Care QIOs
More questions in this guide
- How can I help my parent with Medicare in Ohio?
- How do I appeal a hospital discharge in Ohio if I'm not ready to go home?
- How do I file a complaint about an insurance agent in Ohio?
- How do I find a licensed insurance agent for Medicare in Ohio?
- How do I find my area agency on aging in Ohio?
- How do I report Medicare fraud in Ohio?
- What are the Medicare phone numbers for Ohio?
- Where is the Social Security office near me in Ohio?
Part of the guide: Ohio Medicare contacts · All questions
Frequently asked questions
Can I get a faster decision?
Yes, if waiting could seriously harm your health. You or your doctor can ask a Medicare Advantage plan for a fast appeal, decided within 72 hours, and a Part D plan for a fast redetermination. For a hospital discharge or other covered care ending, call Commence Health at 1-888-524-9900 instead.
Does it cost anything to appeal?
No. Medicare doesn't charge a fee to file an appeal at any level. You can file on your own or name someone to help you with the Appointment of Representative form (CMS-1696).
What if I have both Medicare and Ohio Medicaid?
Medicare denials follow Medicare's appeal steps. For an Ohio Medicaid decision, ask the Ohio Department of Job and Family Services for a state hearing within 90 days of the notice, at 1-866-635-3748. If a MyCare Ohio plan made the decision, appeal to the plan first.
Medicare in your Ohio county
Plans, local agents and help, county by county: Franklin · Cuyahoga · Hamilton · Summit · Montgomery · Lucas · Butler · Stark · Lorain · Warren · Delaware · Lake · Mahoning · Clermont · Trumbull · Licking · Medina · Greene · Fairfield · Portage · All 88 counties →