• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Sinclair Prosser Gasior

Annapolis Estate Planning Attorneys

  • Facebook
  • Instagram
  • LinkedIn
  • Pinterest
  • Twitter
  • YouTube

Call Now: (410) 573-4818

  • Attend a Free Seminar
  • Client Events
    • Speaker Series
    • Trustee School
  • Home
  • About Our Firm
    • About Our Firm
    • Founding Attorneys
    • Meet Our Team
    • Our Unique Features
  • Services
    • Asset Protection and Business Planning
    • Elder Law & Medicaid Services
    • Estate and Gift Tax Figures
    • Estate Planning for Young Families
    • Family-Owned Businesses & Farms
    • Incapacity Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • Probate
    • SECURE Act
    • Special Needs Planning
    • Trust Administration
  • Trustee School
  • Resources
    • DocuBank
    • Elder Law Reports
    • Estate Planning Definitions
    • Estate Planning Questions for Beginners
    • Estate Planning Resources
      • Estate Planning in the Age of Cryptocurrency
      • The Role of Life Insurance in Estate Planning
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Asset Protection Planning
      • Estate Planning
      • Estate Planning for Families Without an Estate Plan in Maryland
      • Frequently Asked Questions for Families Without an Estate Plan
      • Incapacity planning – Frequently Asked Questions
      • Incapacity Planning FAQs Maryland
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid
      • Power of Attorney
      • Probate Avoidance
      • Trust Administration & Probate
      • Wills
    • Is Your Estate Plan Outdated?
    • LGBTQ+ Estate Planning and Legal Terms in Maryland
    • Newsletters
    • Probate Resources
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
    • Top 10 Estate Planning Techniques
  • Reviews
    • Our Reviews
    • Review Us
  • BLOG
  • Contact Us
  • Make A Payment
  • Client Portal
Home / Nursing Home Expenses / Medicare and Observation Status

Medicare and Observation Status

July 28, 2014 by Sinclair Prosser Gasior

Jon J. Gasior, Attorney   For those over the age of 65, Medicare is often an integral piece of the puzzle when it comes to health care. Medicare will pay for certain visits to the hospital. However, one important question will dictate what is paid for during that stay, and what may be paid for after you leave the hospital. That question is whether you are in the hospital as an “inpatient” or simply under “observation” status.

According to the website, Medicare.gov, an inpatient is defined as “Starting when you’re formally admitted to the hospital with a doctor’s order. The day before you are discharged is your last inpatient day.” In contrast, you are under observation status if you are getting emergency department services, observation services, outpatient surgery, lab tests, x-rays, or any other hospital services and the doctor hasn’t written an order to admit you to a hospital as an inpatient. You can be under observation status even if you spend the night in the hospital.

Generally, an inpatient admission is appropriate if it is expected by your doctor that you will need more than 2 nights in the hospital. However, the hospital must still formally admit you. It is not uncommon to spend more than 2 nights in the hospital while still being labeled as under observation status.

Along with the differences in hospital services that Medicare will cover, your status will also have an impact on whether or not Medicare will pay for a stay in a skilled nursing facility after you leave the hospital.  Medicare will only cover your stay in a skilled nursing facility if you have a prior “qualifying inpatient hospital stay”. A qualifying inpatient hospital stay is when you were formally admitted to the hospital for at least 3 days in a row after your doctor writes an inpatient admission order.  However, if you are in observation status for any of these days at the hospital, they will not be counted toward coverage of your stay in a skilled nursing facility.

Unfortunately, Medicare does not require hospitals to notify patients of their status.   It is imperative that as a patient you understand your status and fight to be taken off observation status if you are in the hospital for a prolonged stay.  The difference could mean thousands of dollars out of pocket to pay for a nursing home stay that Medicare may have otherwise paid for.

  • Author
  • Recent Posts
Sinclair Prosser Gasior
Sinclair Prosser Gasior
Our firm is dedicated to providing you with quality estate planning resources, so you can become familiar with all of the existing options. When you visit or call our office, we want you to feel comfortable discussing such an important issue concerning both you and your family. We want to arm you with the information you need to make an informed decision about your family’s future About the Author !
Sinclair Prosser Gasior
Latest posts by Sinclair Prosser Gasior (see all)
  • This Holiday Give Your Loved Ones the Gift of Peace of Mind - December 18, 2025
  • Understanding the Maryland Medicaid Application: Planned or Urgent We Can Help - December 9, 2025
  • Wills Gone Wild; Strange and Funny Bequests from History - November 26, 2025

Filed Under: Nursing Home Expenses Tagged With: Inpatient, Medicare, Observation Status, www.Medicare.gov

Other Articles You May Find Useful

Medicaid eligibility
Medicaid’s Spousal Impoverishment Rules
Sinclair Prosser Gasior
Why Mediciad Eligibility Matters If You Need Nursing Home Care
Sinclair Prosser Gasior
Why Medicaid Eligibility Matters If You Need Nursing Home Care (Audio)
Sinclair Prosser Gasior
Free Estate Planning Seminars Next Week! Register now!
Sinclair Prosser Gasior
The American Academy of Estate Planning Attorneys
Sinclair Prosser Gasior
Does Medicare Pay for Nursing Home Costs?

Primary Sidebar

Blog Subscription

Sign up for our blog to receive all of our latest estate planning news and updates!

  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • Pinterest
  • Twitter
  • YouTube

Testimonials

5 Stars

We initiated estate planning following a presentation by Sinclair Prosser Attorney Jon Gasior. We were so impressed, we contracted with them to complete our estate planning. Subsequently, we assembled information on our assets and Sinclair Prosser Gasior did the rest. Correspondence was communicated to our financial institutions and the estate was established. We were very pleased with the courteous manner of the Sinclair Prosser Gasior staff. However, it was their professionalism that made us satisfied we chose this firm to handle our estate. We have nothing but praise for Sinclair Prosser Gasior .

ANNAPOLIS

183 Harry S. Truman Parkway
Suite 104, Annapolis, Maryland 21401
Phone: (410) 573-4818
Fax: (410) 573-2802

BOWIE

4201 Mitchellville Road
Suite 403, Bowie, Maryland 20716
Phone: (301) 970-8080
Fax: (410) 573-2802

COLUMBIA

Columbia Business Suites 5850 Waterloo Road
Suite 140, Columbia, Maryland 21045
Phone: (410) 573-4818

WALDORF

Hamilton Centre II
3261 Old Washington Road, Suite 2020 Waldorf, Maryland 20602
Phone: 800-366-4615

Map

map for office

Footer

footer logo
  • Facebook
  • Instagram
  • LinkedIn
  • Pinterest
  • Twitter
  • YouTube

The information on this Maryland Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

© 2026 American Academy of Estate Planning Attorneys| Privacy Policy | Contact Us | Disclaimer | Site Map