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Timely filing and appeal deadline reference

Deadlines decide what is recoverable. Medicare's are set by CMS; everything else is set by contract or state rule, so the ranges below are typical, not guaranteed. In an engagement we take the actual limit from each of your payer contracts and attach it to every claim.

Payer typeTimely filing limitAppeal windowAuthority
Medicare fee-for-service1 calendar year from the date of service (CMS)Redetermination: 120 days from the initial determination. Reconsideration: 180 days from the redetermination. ALJ: 60 days from the reconsideration (CMS)CMS
Medicare AdvantagePer plan contract; often 90 days to 1 yearReconsideration typically 60 days from the denial notice; automatic IRE review if upheldPlan contract
Medicaid (state) and managed MedicaidVaries by state; often 90 days to 1 yearVaries by state and plan; state fair hearing availableState program / plan
Commercial PPO / HMO / POSPer contract; commonly 90–180 days from the date of servicePer contract; commonly 60–180 days from the denialPayer contract
Workers' compensationPer state rules; often 1 year, sometimes lessState fee-schedule dispute processState workers' comp board
Auto / liabilityPer state PIP or med-pay rulesCarrier dispute; state insurance departmentState insurance code
Dental plansPer contract; commonly 90 days to 1 yearPer contract; commonly 60–180 daysCarrier contract

Three rules that save claims

  • Deadlines run from the date of service (filing) and from the denial date (appeal), not from when your team noticed.
  • A corrected claim keeps the original filing date when it is submitted as a correction (frequency code 7), not as a new claim.
  • Proof of timely filing is the clearinghouse acceptance report or the payer's 277 acknowledgment. Keep them for every claim; a CO-29 denial without proof is a write-off, with proof it is an appeal.

How we use this

Every claim in a Recovery opportunity report carries two dates: filing limit and appeal limit. Claims within 30 days of either are worked first regardless of balance. See the triage methodology.

Sources

  1. CMS, Medicare timely filing requirements
  2. CMS, Original Medicare appeals: five levels and deadlines
  3. Medicare.gov, Claims and appeals (Medicare Advantage and Part D appeals)

Figures attributed to a source are that source's; commonly used benchmarks are labeled as such. Verify deadlines against your own payer contracts.

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