Your Rights as a Hospital Patient in New York State

If You Think You Are Being Asked to Leave the Hospital Too Soon. . .

You have the right to appeal decisions made by your doctor, hospital staff or your managed care plan:

  • about when you are to leave the hospital;
  • if you feel you are being asked to leave the hospital too soon;
  • if you believe you have not been given adequate or appropriate plans for your medical care and other services you may need after you leave the hospital; or
  • if needed services are not in place.

The law requires that you receive advance notice in writing telling you:

  • the date the physician and/or hospital plans to discharge you;
  • how to appeal if you wish to remain in the hospital; and
  • a special number to call with any problems related to leaving the hospital.

For Assistance/Help

There is an Independent Professional Review Agent (IPRA) for your area and your insurance coverage. Should you need assistance/help from the IPRA, the hospital will provide you with a phone number/person to contact.

For Medicare Patients Only

If you feel that you are being asked to leave the hospital too soon and have not received advance notice telling you when to leave the hospital, ask for your discharge notice (also called a Hospital Issued Notice of Noncoverage or HINN). If you are in a Healthcare Maintenance Organization (HMO), request a Notice of Discharge and Medicare Appeal Rights (NODMAR). You must have this written discharge notice in order to appeal the physician's and hospital's decision about when you are to leave. See an "Important Message from Medicare" for a complete explanation.

For Managed Care Patients

If you are a patient enrolled in an HMO or managed care plan, first request/ submit an expedited appeal to the HMO or plan's utilization review committee if you feel your benefits are unfairly limited or denied, or you are being asked to leave the hospital too soon, or that medically necessary services are inappropriately excluded from your coverage. If you are not satisfied with the outcome of that appeal request, you may contact the New York State Department of Health by calling: 1-800-206-8125.

The Managed Care Law of 1996 amending Public Health Law 4408, Disclosure of Information.