Vol. 2, No. 2 March 2005

 

Greivance and Appeal Rights Under
Private Insurance Managed Care Plan

by Valerie A. Powers Smith, Esq.


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The Grievance Procedure:

Stage 1 – Informal Internal appeal. To initiate this level of appeal, call the MCO and ask to speak to the medical director or physician who made the decision regarding your case; state that you want to appeal the decision; and that you want reconsideration of the decision (provide as much information as possible as to why the decision should be reconsidered). The MCO has 5 business days, or 72 hours (emergencies), to respond to your appeal. If the MCO continues to deny or restrict coverage, it must inform you in writing of their decision and how to proceed to a Stage 2 appeal.

Stage 2 – Formal Internal appeal. At this stage of appeal, your appeal must be reviewed by physicians who are trained to practice in the same specialty and would typically manage the case you are appealing. This appeal must be promptly filed in writing and should include what you want, along with supporting documentation. Once your appeal is received, you are entitled to a decision within 20 business days, or 72 hours (emergencies). If the MCO needs more than 20 days to complete their review, it must obtain permission from the State. If the Stage 2 appeal is denied, the MCO must give you written notice detailing the reasons for denial and provide an explanation of your right to a Stage 3 appeal. If at any time the MCO fails to comply with the Stage 2 appeal requirements, you may proceed directly to Stage 3.

Stage 3 – External appeal. This appeal is filed with DOHSS, which refers your appeal to an IURO (Independent Utilization Review Organization). This appeal must be filed by you within 30 days of the Stage 2 decision; and must include: (a) name and business address of the MCO; (b) brief description of medical condition for which benefits were denied, reduced, or terminated; (c) copies of Stages 1 and 2 written denial decisions from the MCOs; (d) written consent to obtain any necessary medical records from the MCO or physician; (e) application fee of $25.00; and (f) copy of the “summary of insurance coverage” from your managed care member handbook. If the IURO accepts your appeal, a decision will be issued within 30 days. The IURO’s decision is binding on all parties.

 

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