How to Appeal a Medicare Nursing Home Coverage Denial

How to Appeal a Medicare Nursing Home Coverage Denial

Medicare denies or terminates skilled nursing facility coverage more often than most families realize. The good news: you have a right to appeal — and many appeals succeed. Acting quickly is essential; some deadlines are as short as 2 days.

Why Medicare SNF Coverage Gets Denied

  • Medicare determines the patient no longer needs “skilled care” (the most common reason)
  • The facility’s documentation doesn’t adequately support continued skilled care need
  • Coverage ends at day 100 (maximum benefit period)
  • The patient didn’t have a qualifying 3-day inpatient hospital stay
  • The care needed is considered “custodial” rather than skilled

Step 1: Get the Required Notice

Before Medicare coverage ends, the nursing home must provide you with a Notice of Medicare Non-Coverage (NOMNC) — a written notice explaining why coverage is ending and your appeal rights. You must receive this notice at least 2 days before coverage ends.

Doctor in gloves holding pill bottle and cash, highlighting medical expenses.

If you never received this notice and Medicare was denied, the nursing home may have violated your rights. Contact the Missouri Long-Term Care Ombudsman at (800) 309-3282.

Step 2: File a Fast Appeal (Most Important)

Contact your state’s Quality Improvement Organization (QIO) — in Missouri, this is Primaris. File your appeal no later than noon of the day your coverage is scheduled to end.

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  • Missouri QIO (Primaris): 1-800-735-6776
  • The QIO must issue a decision within 1 business day of receiving all relevant information
  • Critical: You will NOT be billed for care received during the QIO review period

If the QIO Upholds the Denial: Further Appeals

  • Level 2 — Reconsideration: Request review by a Qualified Independent Contractor (QIC) within 180 days. Decision within 60 days.
  • Level 3 — ALJ Hearing: Administrative Law Judge hearing if the amount in dispute exceeds $180 (2025). Request within 60 days of QIC decision.
  • Level 4 — Medicare Appeals Council (MAC): Review by the Departmental Appeals Board
  • Level 5 — Federal District Court: For claims over $1,840 (2025)
Flat lay of health insurance concept with planner and pills.

Tips for a Successful Appeal

  • Ask the facility for supporting documentation — nursing notes, therapy notes, and physician orders that document the skilled care need
  • Get a statement from the treating physician explaining why skilled care is still medically necessary
  • Reference the Jimmo v. Sebelius settlement — Medicare cannot deny coverage solely because a patient isn’t improving
  • Contact your State Health Insurance Assistance Program (SHIP) — Missouri SHIP at (800) 390-3330 provides free counseling for Medicare beneficiaries