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MMAI: ILLINOIS UNIFIED MEDICARE-MEDICAID APPEALS PROCESS
August 19, 2014
Presenter Information
Department of Healthcare and Family Services, Office of General Counsel Ryan Tyrrell Lipinski, Bureau Chief and Chief
Administrative Law Judge
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Objective
To provide general overview of Plan responsibilities relating to Grievances and Appeals both at the plan level and at the State Fair Hearing level
To provide reference materials for further information
Answer any questions
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Resources governing Appeals and Grievances Federal Regulations governing appeals and grievances: 42 CFR
422, 423, 431 and 438 State Law: Public Aid Code, 305 ILCS 5/11-8 and 305 ILCS 5/11-
11(a)(8) State Law: Managed Care Reform and Patients Right Act, 215 ILCS
134/10, 45, and 50 State regulations:
Fair Hearings, 89 Ill. Adm. Code 104 Managed Care Reform and Patients Right Act, 50 Ill. Adm. Code
5420.70-80 MMAI Documents:
Memorandum of Understanding MMAI 3-way Contract Chapter 9 Member Handbook Insert Process Flowchart
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Commonly Used Terms/Phrases State Fair Hearing
(SFH)=Appeal=Administrative Hearing Client=Recipient=Beneficiary=Appellant
=Grievant=Enrollee=Member=Participant=N.H. Resident
Hearing Officer=Administrative Law Judge
Grievance=Complaint
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MMAI Grievance and Appeal Process U.S. Department of Health and Human
Services Centers for Medicare & Medicaid Services, the Illinois Department of Healthcare and Family Services and eight Managed Care plans have established an integrated and unified system of appeals for Enrollees.
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MMAI Grievance and Appeal Process Huge shift from Fee-For-Service environment Goal=“Bene-Friendly” Increased communication Streamlined approach Enrollees will have reasons for denials/changes
explained to them early on Formal grievance process will provide avenue for
Enrollees to complain about mistreatment MCOs will provide Enrollee’s with reasonable
assistance for completing forms and interpreter services
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Grievance vs. Appeal 8
MCOs participating in the MMAI project will have a formally structured Grievance system and a formally structured Appeal system
Important to distinguish difference between a Grievance and an Appeal
Grievance vs. Appeal
Any complaint that is not an appeal of an action
Can be against Provider or MCO
Examples: Customer service
representative unkind Quality of care Doctor-patient
interaction/rudeness Failure to respect
patient/employee rights
Only Actions can be appealed
Actions are: Denial of service or
payment of service Denial, termination,
reduction in previously authorized service
Failure to provide timely service or a timely appeal
Grievance (Does not come to State Fair Hearings)
Appeal (gives right to a hearing at State level)
See 42 CFR 438.400, 406
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PART 1: GRIEVANCE PROCEDURES
Grievance Process
Enrollee may appoint an Authorized Representative for this process.
Internal Grievance Filing:May be filed at any time
If Medicare only service, 60 day limitCan be filed with Provider or MCO
External Grievance Filing: Enrollees may call 800-Medicare and
MCOs will display link on their site
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Grievance Process
Internal Grievance Process Informal review: MCO will attempt to
resolve Grievances informally Formal review: For grievances not
appropriate for informal review, or denied at the informal level, will be heard by the MCO’s Grievance Committee
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Grievance Committee
Established by the MCO Must have one Enrollee on the committee HFS may require that the MCO has one HFS
representative on the committee Cannot have an individual involved in
previous level of review on the committee Will have health care professionals with
clinical expertise in treating Enrollee’s condition or disease on the committee, if grievance involves clinical issues
See 42 CFR 438.406
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Grievance Process
MCO will respond, orally or in writing, to each Enrollee Grievance within a reasonable time, but no later than 30 days after receipt of the Grievance
No further appeal or hearing rights with State Fair Hearings for grievances
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PART 2: APPEALS FOR ENROLLEES
Appeal Process
3 tracks for Appeals Medicaid-Only Medicaid-Medicare Overlap (home
health, durable medical equipment and skilled therapies)
Medicare-Only Enrollees may access existing Part
D Appeals process for Part D appeals
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All Appeals-Level 1
MCO must give advance notice of any Adverse Action to Enrollee in form titled “Notice of Adverse Action” Notice must be given 10 days prior to Action Notice will provide instructions on how to file an
appeal
All appeals must be filed, orally or in writing, initially with the MCO and within 60 calendar days following the date of the Notice of Adverse Action
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All Appeals-Level 1
Enrollee may appoint an Authorized Representative for the appeal process
Must be in writing Authorized Representatives include:
Guardians Caretaker relatives Providers Attorneys Conservators
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Continuation of Benefits Level 1
Continuation of Benefits For Medicaid services, an Enrollee may continue benefits
during a pending appeal if: The action is appealed within 10 days of MCO Notice of
Action The Enrollee requests the continuation of benefits
For Medicare and Medicare-Medicaid overlap services, the MMAI plan continue benefits pending the Level 1 appeal.
A Enrollee may be held responsible for the cost of benefits if the SFH upholds the MCO’s Appeal Decision, they will be given this warning at the time they opt to continue benefits
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All Appeals-Level 1
Standard Processing Timeframe: 15 business days May extend timeframe by 14 calendar days if
it’s in the Enrollee’s interest, need permission from State Hearings Office
Expedited Processing Timeframe: 24 hours to inform Enrollee of what information is required; then decision must be made in 24 hours after receipt of required information.
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SB 741 -- 305 ILCS 5/5F-32 new
Pursuant to Public Act 98-0651 signed into law on June 16, 2014, all MMAI Managed Care Organizations must allow a nursing home resident’s physician or provider to utilize the MCO expedited appeal process for non-emergency situations when the resident’s physician orders a service, treatment, or test that is not approved by the MCO.
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SB 741 -- 305 ILCS 5/5F-32 new
All MCOs must have a method of receiving prior approval requests 24 hours a day, 7 days a week, 365 days a year for nursing home residents.
If the MCO’s response is not provided within 24 hours of the provider’s request and the nursing home is required by regulation to provide a service because a physician ordered it, the MCO must pay for the service if it is a covered service under the MCO's contract in the MMAI Demonstration Project, provided that the request is consistent with the policies and procedures of the MCO.
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All Appeals-Level 1
During an appeal, the Enrollee and/or representative is afforded: A reasonable opportunity to present
evidence, allegations of fact and law in person as well as in writing
An opportunity, before and during the appeal, to review his or her case file
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All Appeals-Level 1
MCO will ensure that decision makers for appeal were not involved in previous levels of review and are health professionals with clinical expertise in treating the Enrollee’s condition or disease if: Appeal is denial of medical necessity Clinical Issues
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All Appeals-Level 1
Disposition of Level 1 Appeal will be in the form of Decision Notice
Level 2 will depend on whether the Appeal is: Medicaid-Only Medicare-Medicaid Overlap Medicare-Only
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Level 2 Medicaid-Only
If Enrollee still wishes to appeal after Level 1, they have options: File a request for an appeal with the appropriate
State Fair Hearing Office within 30 calendar days from date of Decision Notice; and, or, Decision Notice will inform Enrollee which State
Hearing Office File a request for a review by an Medicaid
Independent Review Entity within 30 calendar days from date of Decision Notice No right to IRE for Waiver program appeals
To file requests with both SFH and IRE
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Level 2 Medicare-Medicaid Overlap
If the resolution following the Level 1 appeal at the MCO is not in Enrollee’s favor, the Appeal will be automatically be forwarded to the Medicare IRE
Benefits will continue during pendency of IRE review
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Level 3 Medicare-Medicaid Overlap
If the resolution following the Level 2 appeal at the IRE is not in Enrollee’s favor, Enrollee can choose to file for a State Fair Hearing at the appropriate State Hearing Office or the Enrollee can appeal to a Medicare Administrative Law Judge if the amount if the amount in controversy met ($140 in 2014).
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Which Agency Handles my Appeal?
Medicaid Application eligibility including long term care, CAU (disability,) MAGI/ACA appeals
SNAP (Food Stamp) Administrative Disqualification Hearing
(ADH) Mental Health (MH)/Division of
Alcoholism and Substance Abuse (DASA)
Child care Waivers
DRS/HSP (Persons with Disabilities, Persons with HIV/AIDs, Traumatic Brain Injury (TBI)
TANF
Medical items/services Dental Pharmacy Transportation
Child Support Bureau of AllKids determinations Waivers
Developmental Disability (DD) Medically Fragile Technologically
Dependent Children Supportive Living Facilities (SLF) Dept of Aging (DOA)
DHS HFS
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Which Agency Handles “Managed Care Appeals”?
Answer: BOTH!
HSP/DRS Appeals when MCO make service/items level changes Mental Health, behavioral health services and prescription drugs/DASA Managed Care Appeals when Plan makes service/item denials
Medical item or service appeals, including pharmacy, transportation, nursing hour reductions, durable medical equipment
Aging Waiver also known as Community Care Program appeals
DHS HFS
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Medicaid-Only Level 2 and Overlap Level 3
Requesting a State Fair Hearing Medicaid-Only: Information will be included
on MCO Appeal Decision Notice Overlap: Information will be included on IRE
decision Call, email, fax or write to us
DHS HFS
Include a copy of previous level notices
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Continuation of Benefits for State Fair Hearing Level 2 and Overlap
Level 3 Continuation of Benefits
A Enrollee may continue benefits during a pending appeal if: The action is appealed within 10 days of MCO
Notice of Action or the Appeal Decision Notice The Enrollee requests the continuation of benefits
A Enrollee may be held responsible for the cost of benefits if the SFH upholds the MCO’s Appeal Decision, they will be given this warning at the time they opt to continue benefits
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Level 2 Medicaid-Only/ Level 3 Overlap
Enrollee will receive acknowledgment letter and scheduling letter Default: phone
Evidence Shall be sent to State Hearing Office and other party
at least 3 business days prior to hearing Parties may present witnesses or documents to
support case Rules of evidence are relaxed
Hearing is digitally recorded but not transcribed Withdrawals-must be in writing or on the record
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Level 2 Medicaid-Only/ Level 3 Overlap
Decision Timeframes Standard: A Final Administrative
Decision (FAD) is required to be issued within 90 days, beginning when the initial MCO appeal was filed and not counting Enrollee delay
Expedited: 3 business days after the Enrollee files a request for an expedited SFH
See 42 CFR 431.244
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Level 2 Medicaid-Only/ Level 3 Overlap
State Fair Hearing Final Administrative Decision Will be sent to all interested parties
Effectuation of Reversed Appeal Decision If services are not being provided while appeal
pending After reversing the denial of services, the MCO
must render promptly and as expeditiously as health care condition requires
If services are being provided while appeal pending A reversal of a denial must be followed by MCO
Implementation is monitored by StateSee 42 CFR 438.424
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Level 3 Medicaid-Only/ Level 4 Overlap
If State Final Administrative Decision is not wholly in favor of the Enrollee, Enrollee can appeal to State Circuit Court for Administrative Review
Under administrative review law, timeframe to file may be as short as 35 days.
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Medicare A&B-Only
Level 1: Internal MCO appeal, same parameters as others
Level 2: If not fully in favor of Enrollee, auto-forwarded to Independent Review Entity.
Level 3: Medicare Administrative Law Judge (must meet minimum dollar amount and file w/in 60 days)
Level 4: Medicare Appeals Council Level 5: Federal District Court
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Medicare Part D (unchanged) Level 1: Internal MCO appeal. Decision
required in 7 days. Level 2: Appeal to Independent Review
Entity (not automatic). Decision required in 7 days.
Level 3: Medicare Administrative Law Judge (must meet minimum dollar amount and file w/in 60 days)
Level 4: Medicare Appeals Council Level 5: Federal District Court
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Other Medicare Appeal Rights Medicare Quality Improvement
Organization (QIO) Appeal Rights The plan must comply with the termination
of services notice and appeal requirements for Enrollees receiving services from a hospital, comprehensive outpatient rehabilitation facility, skilled nursing facility, or home health agency, consistent with 42 C.F.R. §§422.624 and 422.626.
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Questions? 40