Please see Link below for the form that is to be used to inform you that you were in an observation bed and not admitted. It is called the MOON form. https://www.cms.gov/medicare/medicare-general-information/bni/moon

This form is to be initiated by hospitals no later than 4/23/23. This is just in time since the 3 day waiver rule will no longer be in effect 5/11/22.

Per CMS as instructed in information from link above: “Hospitals and CAHs are required to provide a MOON to Medicare beneficiaries (including Medicare Advantage health plan enrollees) informing them that they are outpatients receiving observation services and are not inpatients of a hospital or critical access hospital (CAH).”  

Full instructions are available in Section 400, of Chapter 30 of the CMS Claims Processing Manual, available at: /Regulations-and-Guidance/Guidance/Manuals/Downloads/clm104c30.pdf (PDF)

It is important to be aware of this form and asking your parent if they received one. It is better to know what is needed to prepare for care than thinking that they were covered by insurance and then having the added stress of how to pay for it.

If you are competant then this will be given to you to notify that you were in an observation bed. The question is what happens if you have a parent who has not had their Health Care Proxy evoked but is mildly confused. They may be given this form because they are considered their own person. They may not tell you as their child that they got this form because they don’t think anything of it. They sign it and get sent to a skilled facility for care. Unfortunately they will be liable for services provided due to signing the form. The 3 day rule is only one of the conditions that should be met to qualify for use of their skilled Medicare benefit. Please stay tuned as I will outline the other conditions needed to be met as well.

If you have any questions re: Medicare qualifications please reach out to the email below and I will be glad to help you.

The information presented is informative and does not constitute direct legal or regulatory advice

September 2024\Skilled Nursing Support\maria.messina@skillednursingsupport.com

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March 2023\Skilled Nursing Support\maria.messina@skillednursingsupport.com