The facts in one place
| Limit | 1 calendar year (12 months) after the date of service.
42 CFR 424.44(a). |
| Clock starts | The date of service, generally the From date on the claim. |
| Clock stops | The date the appropriate Medicare contractor receives the claim. |
| Last day on a weekend | If the last day is a Saturday, Sunday, legal holiday, or
other federal nonworkday, the deadline moves to the next workday. 42 CFR 424.44(c). |
| Denial | Reason code 29 with remark code N211.
On the remit this reads CO 29. |
| Appeal | None. The denial is not an initial determination.
42 CFR 405.926(n). |
| Exceptions | Four, in 42 CFR 424.44(b). Each extends the time
through the last day of the 6th calendar month after the triggering event. |
This covers Original Medicare fee-for-service
claims. A Medicare Advantage plan or a commercial payer sets its own filing limit in
its contract. Check your payer contract, then the payer's provider manual. We do not
print their numbers here, because the contract you signed is the only one that counts.
How the 12 months are counted
The rule is in the Medicare Claims Processing Manual,
Chapter 1, section 70. Which date starts the clock depends on the claim type:
- A claim with one date of service: that date, the From date.
- An institutional claim with span dates (UB-04, 837I): the Through date.
- A professional claim with span dates (CMS-1500, 837P, including DME
supplies and rentals): the From date of each line item. If a line's From date is
late but its To date is not, the contractor splits the line and denies the late
part.
- A date of service on February 29: the claim must be filed by February 28
of the following year.
For example, a service on March 10, 2026 must be received by March 10, 2027.
The clock stops on the receipt date the Medicare contractor gives the claim, not on
the date you sent it.
A submission that came back is not a filed claim. A claim returned to the
provider (RTP) as incomplete or invalid is not a claim for timely filing, and
neither is one sent to the wrong Medicare contractor until the right one receives
it. The clock keeps running in both cases. Fix and resubmit early, not in month 11.
What a late claim looks like on the remit
CMS tells its contractors to deny a claim received after the time limit with
reason code 29 (the time limit for filing has expired) and remark code
N211 (you may not appeal this decision).
See CMS Transmittal 830. Our page on
CO 29 covers the code itself.
The provider carries the loss. Where the provider was responsible for the late
claim, it may not charge the beneficiary for the service, except the deductible
and coinsurance that would have applied if Medicare had paid.
Can you appeal a timely filing denial?
No. Under 42 CFR 405.926(n), a determination that a
provider or supplier failed to submit a claim timely is not an initial
determination and is not appealable. The manual says the same in section 70.4.
A redetermination request is the wrong
tool here.
What you can do is show that an exception applies. The exceptions are not an
appeal. You ask the Medicare contractor to extend the filing time, and you send
the documentation it needs to decide. If you file a late claim with no
explanation attached, the contractor assumes you accept responsibility for the
late filing.
The four exceptions
From 42 CFR 424.44(b) and manual section 70.7. Each one
extends the filing time through the last day of the 6th calendar month after the
month of the triggering event.
- Administrative error. An employee, contractor, or agent of Medicare caused
the late filing through error or misrepresentation, for example wrong coverage
information or an excessive delay in information you needed to file. The time
runs from the month you were notified that the error was corrected. Send a
statement of how you learned of the error and when it was corrected, with a
written report, letter, or statement from Medicare or its contractor that shows
the error. The contractor does not accept these requests more than 4 years
after the date of service.
- Retroactive Medicare entitlement. The patient was not entitled to Medicare
on the date of service and was later notified of entitlement effective on or
before that date. The time runs from the month of that notice. Send the official
Social Security Administration letter with the entitlement date, and the
services and dates of service.
- Retroactive entitlement with a Medicaid recovery. As above, and the State
Medicaid agency recovered its payment from you 6 months or more after the date
of service. The time runs from the month of the recovery. Send proof of the
recovery date, of the retroactive entitlement, and of the services.
- Retroactive disenrollment from Medicare Advantage or PACE. The patient was
enrolled in a Medicare Advantage plan or a PACE organization, was later
disenrolled effective on or before the date of service, and the plan recovered
its payment from you 6 months or more after the date of service. The time runs
from the month of the recovery. Send proof of the prior enrollment, the
disenrollment notice and its effective date, and the plan's recovery.
Two traps near the deadline
- You cannot add a service after the limit. If a service was left off the
original claim, an adjustment to add it is not allowed once the filing time for
the original claim has expired.
- A correction to a timely claim is different. An adjustment that corrects
information on a claim that was filed on time follows the reopening rules, not
the filing limit.
Sources
- 42 CFR 424.44, Time limits for filing claims, eCFR
- Medicare Claims Processing Manual, Pub. 100-04, Chapter 1, section 70, CMS.gov
- 42 CFR 405.926, Actions that are not initial determinations, eCFR
- Transmittal 830, Change Request 4041, Denial of Claims Not Timely Filed, CMS, February 2006
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