Short answer: Only with good cause. Medicare’s court-ordered retrospective appeal process covers inpatients switched to observation between January 1, 2009 and February 13, 2025, but its 365-day filing window ended January 2, 2026, so a new request must explain why it is late.
To be eligible, the person must have been admitted as an inpatient, had the status changed to outpatient, received observation services, and either had no Part B at the time or stayed 3 or more consecutive days (but under 3 as an inpatient) and entered a skilled nursing facility within 30 days. Families who paid a SNF out of pocket may also appeal those charges.
Good cause includes serious illness, a death or serious illness in the family, destroyed records, or having been given wrong information about how to appeal. A late request without a good-cause explanation is denied. Medicare says requests filed after May 15, 2026 face significant processing delays.
The request goes on the CMS form or in writing to the address on Medicare.gov, with the hospital records, the Medicare Summary Notice and the MOON if there was one. A local SHIP (in Texas, HICAP) can help for free.