MEDICARE BRIEF

MEDICARE, EXPLAINED PLAINLY

RIGHTS

How to talk to Medicare for my parent

Talking and acting are two different permissions, and Medicare publishes both. The one you need depends on the verb, not on how close you are to the person.

Fuller Brush man, painted. The painted illustration for the article How to talk to Medicare for my parent
ILLUSTRATIONPainted for Medicare Brief, never photographed and never stock. Our scenes come from the years our readers were young, because a page about Medicare should look like it was written for the people on it.

The short answer

You need your parent's written permission, and Medicare publishes two different kinds. One authorization lets Medicare share information with a person they name. An Appointment of Representative lets that person act in an appeal, claim or complaint. Which one you need depends on what you are trying to do.

You are trying to sort out one thing for your father, and the person on the phone will not discuss it with you. Nothing has gone wrong. Medicare states that it must give his information to him, to someone he names, or to someone who has the legal right to act for him, and until one of those is true the answer on the phone does not change.

How do I talk to Medicare for my parent?

You need your parent's written permission, and which permission depends on what you are trying to do. Medicare states that it must have your written permission, called an authorization, to use or share your information for any purpose not set out in its privacy notice.

The permission you need depends on the verb. That reading is this publication's rather than a rule Medicare prints in one place, and three of Medicare's own facts produce it.

Medicare says it must have that written authorization before it uses or shares your information for any purpose outside its privacy notice. That is the permission to be told things.

Medicare separately says you can appoint a representative to help you. That representative can be a family member, friend, advocate, attorney, financial advisor, doctor, or someone else who will act on your behalf in an appeal, a claim or a complaint.

And Medicare separately says it must provide your information to you, to someone you name, which it calls a designate, or to someone who has the legal right to act for you, which it calls your personal representative.

So being told and being able to act are two different permissions. Those three facts are Medicare's. Reading them as a choice of verb is ours.

Permission can also be withdrawn, and Medicare writes that down as well. You may take back, or revoke, your written permission at any time, unless Medicare has already shared information because you gave permission.

Which of the two you need decides which piece of paper you are looking for.

What form do I need?

For an appeal, a claim or a complaint, you need an Appointment of Representative form, or a written request that does the same job. Medicare states there are two ways to appoint a representative and it accepts either one. The written route has to carry six specific things.

Medicare lists those six items, and they are the whole of what the written request must contain.

  • Your name, address, phone number and Medicare Number
  • A statement appointing someone as your representative
  • The name, address and phone number of your representative
  • Their professional status, such as doctor, or their relationship to you
  • A statement authorizing the release of your personal and identifiable health information to them
  • A statement explaining why you are being represented and to what extent

Read the last item again. The extent of the appointment is set by a sentence you write, rather than by a box on a form.

Where the paperwork goes is published too. Medicare states that after you fill out the form, you send it with your appeal to the Medicare Administrative Contractor listed on your Medicare Summary Notice, or to your Medicare health plan.

A Medicare Administrative Contractor is a company that handles Original Medicare claims. Your Medicare Summary Notice is the notice Medicare names as the place that contractor is listed.

That covers the route you create with paper. There is a third route, and nobody fills anything in for it.

How is it different from power of attorney?

Medicare draws this line by who created the right, not by which document a person holds. Medicare states it must provide your information to you, to someone you name, which it calls a designate, or to someone with the legal right to act for you, which it calls your personal representative.

Here are the three routes Medicare names, and what makes each one exist.

What you want to happenWhat it lets someone doWhat creates it
Medicare talks to someone about youShare your information with a person you nameYour written permission, which you can take back
Someone acts for you in an appealFile and pursue an appeal, claim or complaintAn Appointment of Representative form or written request
Someone already has the legal rightReceive your information as your personal representativeThe law, not a form you fill in

The third row is where this page stops. Medicare names the category and says nothing at all about how a person comes to be in it.

That silence is deliberate on our side too. This publication does not carry guidance on obtaining a power of attorney, a guardianship or any other legal instrument, and the government pages read for this article do not carry any either.

What the two paper routes have that the legal one does not is a published undo. Medicare states you may take back your written permission at any time, unless it has already shared information because you gave permission.

So two of the three are things a person decides, and Medicare describes the last one as a legal right rather than as something anybody grants.

How long does representative access take to set up?

No page read for this article publishes a timeframe. Medicare states what the routes are and where to send them, and it does not say how long any of them takes. This publication does not carry a number that no government page states.

That gap is worth stating rather than filling. An invented number of days on a page like this one would change what a family does next, and no government page read here supplies a real one.

What is documented is the shape of the process. Medicare publishes two ways to appoint a representative, the six items a written request must carry, and one destination for the paperwork.

The destination is written down plainly. The form or the written request goes with your appeal to the Medicare Administrative Contractor listed on your Medicare Summary Notice, or to your Medicare health plan.

There is also a documented way to stop. Medicare states that you may take back your written permission at any time, unless it has already shared information because you gave permission.

None of that is a clock. It is the sequence, and the sequence is the only part Medicare commits to in writing.

What can a representative do?

A representative acts on your behalf, and Medicare names three things they act on. It states that you can appoint a representative to file an appeal, claim or complaint, and that the representative can be a family member, friend, advocate, attorney, financial advisor or doctor.

Medicare closes that list with a wider phrase: or someone else who will act on your behalf. The category is not restricted to professionals and it is not restricted to relatives.

What they may do is bounded by something you wrote. One of the six required items is a statement explaining why you are being represented and to what extent, so the reach of the appointment comes from your own sentence rather than from the person's job title.

Alongside that, Medicare publishes a list of rights over the record itself, and it writes them as the rights of the person the record belongs to.

  • To see and get a copy of the information Medicare has about you
  • To get a list of people who got your information from Medicare
  • To ask Medicare to communicate with you in a different manner or at a different place

There is one more power worth knowing about, and it comes with a protection attached. You may file a privacy complaint with the Centers for Medicare and Medicaid Services, at Medicare.gov or on 1-800-MEDICARE, or with the Department of Health and Human Services Office for Civil Rights.

Medicare states plainly that filing a complaint will not affect your coverage under Medicare. That protection is written into the same passage as the complaint route itself.

All of this describes Medicare itself. A private plan is a different counter.

How do I get added to a plan account?

No page read for this article says how a private plan adds someone to its own online account. What Medicare publishes is that an appointment of representative can go to your Medicare health plan, and that Medicare must give your information to you, a designate, or your personal representative.

So the published route runs through the appointment rather than through the plan's website. Medicare names your Medicare health plan as one of the two places the form or the written request is sent.

The other place Medicare names in the same instruction is the Medicare Administrative Contractor listed on your Medicare Summary Notice, which it describes as a company that handles Original Medicare claims.

What is not published anywhere in the pages read here is a sign-up process for a plan's own account, a list of what a plan may ask for, or a rule about who a plan must add. This publication states that gap rather than describing a process it cannot source.

If something goes wrong with how your information is handled, the complaint route is published and it is not the plan's. You may take a privacy complaint to the Centers for Medicare and Medicaid Services or to the Office for Civil Rights, and Medicare states it will not affect your coverage.

That is the honest edge of what the government publishes on this question, and knowing where the edge sits is more useful than a confident answer nobody can trace.

What this means for you

Getting permission to deal with Medicare for a parent is not one job. Medicare publishes two permissions you can create and names a third that the law creates, and the one you need is decided by what you are trying to do rather than by how close you are.

If the job is having Medicare share information, the instrument is a written authorization, and Medicare states it can be taken back at any time unless information has already been shared.

If the job is acting in an appeal, a claim or a complaint, the instrument is an Appointment of Representative, either on the form or as a written request carrying six specific items. It goes to the contractor named on the notice, or to your Medicare health plan.

Two questions have no published answer and this page does not invent one. Nothing read here states how long any of it takes, and nothing read here states how a private plan adds a person to its own online account.

For getting into the secure Medicare account itself, read this publication's article on the Medicare account login. For the notice that names the contractor your paperwork is sent to, read the article on the Medicare Summary Notice.

FAQ

Can I call Medicare on my mother's behalf?

Not on the strength of being her daughter or son. Medicare states that it must provide your information to you, to someone you name, which it calls a designate, or to someone who has the legal right to act for you, which it calls your personal representative.

Being a relative does not put you in any of those three by itself. Medicare also states that it must have your written permission, called an authorization, to use or share your information for any purpose not set out in its privacy notice.

So the route is a piece of writing from your mother rather than a phone call from you, and which piece of writing depends on whether you need to be told things or to act.

What is the difference between a designate and a personal representative?

Who created the right. Medicare uses both words in the same sentence and separates them clearly. A designate is someone you name, so the permission comes from you and Medicare states you may take it back at any time, unless it has already shared information because you gave permission.

A personal representative is Medicare's term for someone who has the legal right to act for you, so the right comes from the law rather than from a permission your mother gives.

Medicare names that category and publishes nothing about how a person enters it. This publication does not carry guidance on legal instruments, so the honest answer stops at the distinction Medicare itself draws.

Do I have to use the Appointment of Representative form?

No. Medicare states there are two ways to appoint a representative, and a written request is the second one. That request has to carry six things. Your name, address, phone number and Medicare Number. A statement appointing someone as your representative. The name, address and phone number of that representative.

Their professional status, such as doctor, or their relationship to you. A statement authorizing the release of your personal and identifiable health information to them. And a statement explaining why you are being represented and to what extent.

The last item is the one that sets the reach of the appointment, and it is a sentence you write rather than a box you tick.

Where do I send the form?

Medicare publishes one instruction and it has two destinations. After you fill out the form, you send it with your appeal to the Medicare Administrative Contractor listed on your Medicare Summary Notice, or to your Medicare health plan.

A Medicare Administrative Contractor is a company that handles Original Medicare claims. Your Medicare Summary Notice is the notice Medicare names as the place the contractor appears. Medicare gives the two destinations in one sentence, joined by or, rather than as a test you apply to your own coverage.

The form travels with the appeal rather than ahead of it. If you use the written request instead of the form, the six items Medicare lists are what make that request complete.

Can my father take the permission back later?

Yes, and Medicare writes the limit into the same sentence. You may take back, or revoke, your written permission at any time, unless Medicare has already shared information because you gave permission. So the undo is real and it works forwards rather than backwards.

What has already been sent under a permission stays sent. That published undo is one of the differences between the two routes a person creates and the third route Medicare names, which is someone who already has the legal right to act for you.

Medicare publishes nothing about withdrawing that. Both words in this answer are Medicare's own. It calls the written permission an authorization, and it calls taking it back revoking it, which is worth knowing if you are reading a form rather than this page.

What can I ask Medicare to do about my own record?

Medicare publishes a list and writes it as the rights of the person the record belongs to. You can see and get a copy of the information Medicare has about you.

You can get a list of people who got your information from Medicare. You can ask Medicare to communicate with you in a different manner or at a different place. You can also complain about how your information was handled.

Medicare states you may file a privacy complaint with the Centers for Medicare and Medicaid Services, at Medicare.gov or on 1-800-MEDICARE, or with the Department of Health and Human Services Office for Civil Rights, and that filing a complaint will not affect your coverage under Medicare.

Share this article

By Hanh Brown

MEDICARE BRIEF

Not yet reviewed by a named clinician or benefits specialist.

CONTACT