Notice of Denial of Medicare Prescription Drug Coverage: what it means and what to do
Checked against the current rules on September 23, 2026.
The plan's written denial (CMS-10146) of a coverage determination or exception request — starts the 65-day clock to ask for a redetermination.
What it means
The plan's written denial (CMS-10146) of a coverage determination or exception request — starts the 65-day clock to ask for a redetermination.
A Notice of Denial of Medicare Prescription Drug Coverage is the plan's formal written denial of a coverage determination or exception request — required to explain what was denied, why, and how to ask for a redetermination.
It isn't the final word. A denial that doesn't square with the plan's own formulary and exceptions rules is exactly the kind of case that tends to win on redetermination.
65 days from the date on the denial notice. The rule (42 CFR § 423.582) gives you 60 days from when you receive the denial, and receipt is presumed to be 5 days after the notice's own date unless shown otherwise — 60 + 5 = 65 days from the notice date.42 CFR 423.582
What this actually means for you
This notice is required to state the specific reason for the denial — a category like "not on the plan's formulary" or "prior authorization criteria not met," not just a vague "not covered." That specific category is what tells you which rule actually governs the appeal.
Unlike a Medicare Advantage denial, the clock this notice starts (65 days) is a filing clock in days — but the plan's OWN clock to decide, at every level, runs in hours, not days. Missing that distinction is one of the most common ways families lose track of where a Part D case actually stands.
What to do
Read it for the what, why, and when. Find what was denied, the plan's stated reason, and the date printed on the notice — that date starts your 65-day clock to ask for a redetermination.
Get the plain-language explanation. A free explanation tells you which Medicare rule governs this kind of denial and whether the plan's own stated reason actually holds up against it.
Get your prescriber's supporting statement. For most Part D denials, the prescriber's own written statement is the single piece of evidence the rule actually asks for.
File before the deadline. 65 days from the date on the denial notice. The rule (42 CFR § 423.582) gives you 60 days from when you receive the denial, and receipt is presumed to be 5 days after the notice's own date unless shown otherwise — 60 + 5 = 65 days from the notice date.
Sources — last checked September 23, 2026
- 42 CFR 423.582as of September 23, 2026
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By CaseWhy Appeals editorial. See how this content is produced. Not legal advice. Not affiliated with or endorsed by Medicare, CMS, or any health plan. A product of CaseWhy LLC.