
Appeals and Grievances
What
is the difference between a grievance and an appeal? A grievance is any
complaint or dispute
other than one involving an Organization
Determination. Examples of issues that involve a complaint that will be resolved
through the Grievance rather than the Appeal process are: Waiting times in
participating provider offices; rudeness or unresponsiveness of Customer Service
Staff.
An appeal is any of the procedures that deal with the review of adverse
organization determinations on the health care services a Member is entitled
to receive or any amounts that the Member must pay for a covered service.
These procedures include reconsideration by FamilyCare Health Plans, and,
if necessary, an Independent Review Entity, hearings before Administrative
Law Judges (of the Social Security Administration), review by the Medicare
Appeals Council (MAC), and judicial review. The following sections outline
the procedures you should follow if you want to file a grievance or appeal.
GENERAL INFORMATION ON MEDICARE APPEAL PROCEDURES
As a Member of a FamilyCare Health Plans, you have the right to appeal
any decision about our payment for, or failure to arrange or continue to
arrange for, what you believe are Covered Services (including non-Medicare
covered Benefits) under a FamilyCare Health Plans Plan. Coverage decisions
that are commonly appealed include decisions with respect to:
- Payment for Emergency Services, Post-Stabilization Care, or
Urgently Needed Services
- Payment for any other health services furnished by a Non-Contracting
Medical Provider or Facility that you believe should have been
arranged
for, furnished, or reimbursed by FamilyCare Health Plans
- Services you have not received, but which you feel FamilyCare
Health Plans is responsible to pay for or arrange or
- Discontinuation of services that you believe are Medically Necessary
Covered Services
- Termination of services by a FamilyCare Health Plans
- Refusal by a supplier or contracted agent of the Plan to deliver
services included in the benefit Plan
If your complaint does not involve one of these coverage decisions, you
should use the FamilyCare Health Plans Grievance Procedure (discussed below).
If you have a question about what type of complaint process to use, please
call the FamilyCare Health Plans Customer Service Department.
HOW TO FILE AN APPEAL OR GRIEVANCE
Please contact our Customer Service Department in any of the following ways:
Outside the local area: 1-800-798-2273
TTY Line: 1-800-735-2900
Fax: 503-345-5770
Mail: FamilyCare Health Plans
Attention: Appeals and Grievances
2121 SW Broadway, Suite 300
Portland, OR 97201
WHO MAY FILE AN APPEAL
- You may file an appeal.
- Someone else may file the appeal for
you on your behalf. You may appoint an individual to act as your
representative to file
the appeal for you. You and your representative will need to complete
the “Appointment of a Representative” form. You may call our Customer Service Department
to request a copy of this form. You may also call all our Customer
Service Department for assistance with completion of the form.
Please follow these procedures:
- You must sign and date the form.
- Your representative must also sign and date this statement unless
he/she is an attorney.
- You must include this signed statement with your appeal.
A Non-Contracting Physician or other Participating Provider who has furnished
you a service may file a standard appeal of a denied claim if he/she completes
a waiver of payment statement, which says he/she will not bill you regardless
of the outcome of the appeal.
SUPPORT FOR YOUR APPEAL
FamilyCare Health Plans is responsible for gathering all necessary medical
information relevant to your request for reconsideration (appeal). However,
it may be helpful to include additional information to clarify or support
your request. For example, you may want to include in your appeal request
information such as medical records or Participating Provider opinions in
support of your request. To obtain medical records, you may send a written
request to your Primary Care Provider. If your medical records from a Specialist
are not included in your medical record from your Primary Care Physician,
you may need to make a separate request to the Specialist who provided medical
services to you. You have the opportunity to provide additional information
in person or in writing.
If you or your provider believes that waiting
for a decision under the standard timeframe could place your life,
health, or ability to regain
maximum function in serious jeopardy you can request an expedited
(or “fast”)
decision or appeal
If FamilyCare Health Plans agrees with your request,
we will render a decision as expeditiously as your health condition
might require, but no
later than 72 hours after receiving your request. The 72-hour period
begins when the request is received by FamilyCare Health Plans. In
the case of
an expedited decision or appeal, you or your authorized representative
may submit evidence, in person, via telephone, or in writing transmitted
by FAX at the address and telephone number referenced above under
the expedited/72-hour review procedure. (Please call FamilyCare Health
Plans if you need additional
information or assistance regarding the procedures for submitting
evidence to support your appeal.)
APPEALS
Regardless of whether you file a standard appeal or ask for an expedited (“fast”)
review, you can have a friend, lawyer or someone else help you. There are lawyers
who do not charge unless you win your appeal. Groups such as lawyer referral
services can help you find a lawyer. There are also groups, such as legal aid
services, who will give you free legal services if you qualify. You may want
to contact the State Health Insurance Agency at 503-947-7980.
MEDICARE STANDARD ORGANIZATION DETERMINATION & APPEALS
PROCEDURES
If you specifically request a particular service from your Primary Care Provider/
Participating Provider or from a specialist or other Participating Provider
you have been authorized to see, or if that Primary Care Provider/Participating
Provider or specialist or other Participating Provider specifically requests
authorization for a service for you from FamilyCare Health Plans, it is a
request for an Organization Determination on the service. If you request
in writing to FamilyCare Health Plans attn: Customer Service Department at
2121 SW Broadway, Suite 300, Portland, OR 97201 that we make payment for
a service you have already received, it is a request for a FamilyCare Health
Plans determination on the payment. In the case of a Standard Determination,
FamilyCare Health Plans must make a determination (decision) on your request
for payment or provision of services within the following time frames:
Request for Service. If you request services, or require Prior Authorization
of a Referral for services, FamilyCare Health Plans must make a decision
as expeditiously as your health requires, but no later than fourteen (14)
calendar days after receiving your request for service. An extension of
up to fourteen (14) calendar days is permitted, if you request the extension
or if we have a need for additional information and the extension of time
benefits you; for example, if we need additional medical records from Non-Contracting
Medical Providers that could change a denial decision.
Request for Payment. If you request payment for services already received,
the Medicare health plan will usually make a decision on whether or
not to pay the claim no later than thirty (30) calendar days from receiving
your request, but in no case will this period exceed sixty (60) days.
FamilyCare Health Plans must notify you in writing of any adverse decision
(partial or complete) within the time frames listed above. The notice must
state the reasons for the denial and also must inform you of your right to
a file an appeal. If you have not received such a notice within fourteen (14)
calendar days of your request for services, or within sixty (60) days of a
request for payment, you may assume the decision is a denial, and you may file
an appeal.
If you decide to proceed with the Medicare Standard Appeals Procedure,
the following steps will occur:
1. You must submit a written or oral request for reconsideration to the
FamilyCare Health Plans Customer Services Department Attn: Customer Service
Department at 2121 SW Broadway, Suite 300, Portland, OR 97201. You may
also request reconsideration through the Social Security office (or, if
you are a railroad retirement beneficiary, through a Railroad Retirement
Benefits Office). You must submit your request within sixty (60) calendar
days of the date of the notice of the initial decision. An oral request
for an appeal must be followed up in writing to the FamilyCare Health Plan
unless an expedited appeal is requested. Note: The sixty (60)- day limit
may be extended for good cause. Include in your written request the reason
why you could not file within the sixty (60)-day time frame.
2. FamilyCare Health Plans will conduct reconsideration and notify you
in writing of the decision, using the following time frames:
Request for Service. If the appeal is for a denied service, we must notify
you of the reconsideration decision as expeditiously as your health requires,
but no later than thirty (30) days from receipt of your request. We may
extend this time frame by up to fourteen (14) days if you request the extension
or if we need additional information, and the extension of time benefits
you; for example, if we need additional medical records from Non-Contracting
Medical Providers that could change a denial decision.
Again, we must make a decision as expeditiously as your health requires,
but no later than the end of any extension period.
Request for Payment. If the appeal is for a denied claim, FamilyCare
Health Plan must notify you of the reconsideration determination no later
than sixty (60) days after receiving your request for a reconsideration
determination.
Our reconsideration decision will be made by
a person(s) not involved in the initial decision. All reconsideration
of adverse Organization Determinations
based on "lack of Medical Necessity" must be made by a Participating
Provider with appropriate expertise in the field of medicine appropriate
for the services at issue. You or your authorized representative
may present or submit relevant facts and/or additional evidence for
review either in
person or in writing to FamilyCare Health Plans.
3. If we decide fully in your favor on a request for a service, we must
provide or authorize the requested service within thirty (30) days of the
date we
received your request for reconsideration. If we decide fully in your favor
on a request for payment, we must make the requested payment within sixty (60)
days of the date we received your request for reconsideration.
4. If we decide to uphold the original adverse decision, either in whole
or in part, we will automatically forward the entire file to an Independent
Review Entity for a new and impartial review. The Independent Review Entity
is CMS's independent contractor for appeal reviews involving Medicare health
plans, like FamilyCare Health Plans. We must send the Independent Review
Entity the file within 30 days of a request for services and within 60
days of a request for payment. The Independent Review Entity will either
uphold FamilyCare Health Plan's decision or issue a new decision. If we
forward the case to the Independent Review Entity, we will notify you of
our decision as discussed above.
5. For cases submitted for review, the Independent Review Entity will
make a reconsideration decision and notify you in writing of their decision
and the reasons for the decision. If the Independent Review Entity upholds
our decision, their notice will inform you of your right to a hearing before
an Administrative Law Judge of the Social Security Administration (see
below for further levels of appeal). If the Independent Review Entity (or
a higher appeal level) decides in your favor, we must pay for, provide
or authorize the service as expeditiously as your health condition requires,
but no later than 60 days from the date we receive notice reversing our
decision.
• If the Independent Review Entity does
not rule in your favor, there are further levels of appeal:
• If there is at least $110 in controversy, you may request a hearing
before an administrative law judge (ALJ) by submitting a written request
to the entity specified in the Independent Review Entity’s reconsideration
notice within sixty (60) days of the date of the Independent Review Entity’s
notice that the reconsideration decision was not in your favor. This
sixty (60) day notice may be extended for good cause. The Independent
Review Entity will forward your request and your reconsideration file to
the hearing
office. FamilyCare Health Plans will also be made a party to the
appeal at the ALJ level.
• Either you or FamilyCare Health Plans
may request a review of an ALJ decision by the Medicare Appeals
Council (MAC), which may either
review the decision or decline review.
• If the amount is $1,090 or more, either
you or FamilyCare Health Plans may request that a decision made
by the Medicare Appeals Council
(MAC), or the ALJ if the MAC has declined review, be reviewed by
a Federal district court.
• Any initial or reconsidered decision
made by FamilyCare Health Plans, the Independent Review Entity,
the ALJ, or the MAC can be reopened
by any party (a) within one year from the date of the Organization
Determination or reconsideration for any reason, (b) within four
(4) years for good cause,
or (c) at any time for clerical correction of an error or in cases
of fraud.
6. The reconsidered determination is final
and binding upon the Medicare health plan. If there is a binding
arbitration clause in your contract
or on your individual election form, it does not apply to disputes
subject to CMS ’s appeals process.
MEDICARE EXPEDITED 72-HOUR DETERMINATION & APPEAL
PROCEDURE
You have the right to request and receive expedited
(“fast”)
decisions affecting your medical treatment in "Time-Sensitive" situations.
A Time-Sensitive situation is a situation where waiting for a decision
to be made within the time frame of the standard decision- making
process could seriously jeopardize your life or health, or your ability
to regain
maximum function. If FamilyCare Health Plans decides, based on medical
criteria, that your situation is Time-Sensitive or if any Participating
Provider makes the request for you or calls or writes in support
of your request for an expedited review, we will issue a decision
as expeditiously as your health requires, but no later than seventy-two
(72) hours
after
receiving the request.
Types of Decisions Subject to Expedited 72-Hour Review:
1. Expedited Determinations. If you believe you need a service, or continue
to need a service, and you believe it is a Time-Sensitive situation, you
or
any physician (including a physician with no connection to FamilyCare Health
Plans) may request that the decision be expedited. If FamilyCare
Health Plans decides that it is a Time-Sensitive situation, or if any physician
states that it is one, we will make a decision on your request for a service
on an expedited/72-hour basis (subject to an extension as discussed above).
2. Expedited Appeals. If you want to request a reconsideration (appeal)
of a decision by FamilyCare Health Plans to deny a service you requested
or to
discontinue a service you are receiving that you believe is a Medically Necessary
Covered Service and you believe it is a Time-Sensitive situation, you may request
that the reconsideration (appeal) be expedited. If we decide that it is a Time-Sensitive
situation, or if any physician states that it is one, we will make a decision
on your appeal on an expedited/72-hour basis.
We may extend this time frame by up to fourteen (14) days if you request
the extension or if we need additional information, and the extension of
time benefits you;
for example, if we need additional medical records from Non-Contracting
Medical Providers that could change a denial decision. Again, we must make
a decision as expeditiously as your health requires, but no later than
the end of any extension period. Examples of service decisions which you
may appeal on an expedited basis, when you believe it is a Time-Sensitive
situation, include the following:
1. If you received a denial of a service you requested;
2. If you think services are being discontinued too soon. For example:
• If you think you are being discharged
from a hospital or Skilled Nursing Facility (SNF) too soon.
• If you think your comprehensive out
patient rehabilitation facility (CORF) is being discontinued too soon.
• If you think your Home Health care is
being discontinued too soon.
• If you think you are being discharged
from a hospital, SNF, CORF, or home health agency too soon and
you have missed the deadline for a Quality
Improvement Organization (QIO) review.
The procedures for requesting and receiving
an expedited determination or an expedited (“fast”) appeal
are described in the following sections.
HOW TO REQUEST AN EXPEDITED (“FAST”)
72-HOUR REVIEW
To request an expedited/72-hour review, you or your authorized representative
may call, write, fax or visit FamilyCare Health Plans. Be sure to ask for
an Expedited 72- Hour Review when you make your request. You may call from
8:00 am to 8:00 pm Monday to Friday.
Call:
1-866-798-CARE(2273)
TTY: 1-800-735-2900
Write:
Attention-Customer Service
FamilyCare Health Plans, Inc.
2121 SW Broadway, Suite 300
Portland, OR 97201
Walk-in:
8:00 am to 5:00 pm Monday through Friday, except holidays.
FamilyCare Health Plans, Inc.
2121 SW Broadway, Suite 300
Portland, OR 97201
HOW YOUR 72-HOUR DETERMINATION REVIEW REQUEST WILL BE PROCESSED
1. Upon receiving your request for an expedited decision the FamilyCare
Health Plans will determine if your request meets the definition of Time-Sensitive.
If your request does not meet the definition, it will be handled within
the standard review process. You will be informed by telephone or in person
whether your request will be processed through the expedited seventy-two
(72) hour review or the standard review process. You will also be sent
a written confirmation within three (3) working days of the phone call
or personal contact. If you disagree with FamilyCare Health Plan's decision
to process your request within the standard time frame, you may file a
grievance with FamilyCare Health Plans. The written confirmation letter
will include instructions on how to file a grievance. If your request is
Time-Sensitive, you will be notified of our decision as expeditiously as
your health requires but no later than seventy-two (72) hours after we
receive the request. An extension up to fourteen (14) calendar days is
permitted for a 72-hour request for determination/appeal, if you ask for
the extension, or we need more information and the extension of time benefits
you; for example, if you need time to provide us with additional information
or if we need to have additional diagnostic testing completed.
2. Your request must be processed within seventy-two (72) hours if any
physician calls or writes in support of your request for an expedited/
72-hour review, and the physician indicates that applying the standard review
time frame could seriously jeopardize your life or health or your ability to
regain maximum function.
If a Non-Contracting Medical Provider supports your request, FamilyCare
Health Plans/Contracting Medical Group or IPA will have 72 hours from the
time it receives all the necessary medical information from that Non-Contracting
Provider it needs to make a decision.
3. FamilyCare Health Plans will make a decision on your request for determination/appeal
and notify you of it within 72-hours of receipt of your
request. If we decide to uphold the original adverse decision, either in whole
or in part, the entire file will be forwarded by FamilyCare Health Plans to
the Independent Review Entity for review as expeditiously as your health requires,
but no later than 24 hours after our decision. The Independent Review Entity
will send you a letter with their decision within seventy-two (72) hours of
receipt of your case from FamilyCare Health Plans.
There are four possible dispositions to a request for expedited determination/
appeal. They are:
1. Your request to expedite our determination/appeal decision is approved,
we make a decision in 72 hours and notify you that we will provide or continue
the service.
2. Your request to expedite our determination/appeal decision is approved,
we make a decision in 72 hours and notify you that we will not provide
or continue the service.
3. Your request to expedite our determination/appeal decision is not
approved, and we tell you that your request will be handled under the standard
determination/appeal process.
4. Your request to expedite our determination/appeal decision cannot
be made in 72 hours, and we let you know that we will need up to an additional
14 days to process your request. We will send correspondence for all determinations.
You have a right to appeal this denial.
If you have questions regarding these rights, please call: the FamilyCare
Health Plans Customer Service Department from 8:00 am to 8:00 pm Monday
to Friday.
Our Customer Service Representatives are available to help you.
Customer Service Department
1-866-798-CARE (2273)
TTY: 1-800-735-2900
FAMILYCARE HEALTH PLANS GRIEVANCE PROCEDURES
As a FamilyCare Health Plans Member, you have the right to file a complaint,
also called a grievance, about problems you observe or experience, including:
• Complaints about the quality of services
that you receive.
• General dissatisfaction.
• A Member’s involuntary disenrollment
initiated by FamilyCare Health Plans.
• Difficulty getting through on the telephone.
• Complaints about the quality of service
that you receive.
• Complaints regarding such issues as
office waiting times, Participating Provider behavior, adequacy
of facilities, or other similar Member concerns.
33
• If you disagree with our decision to
process your request for a service or to continue a service under
the standard 14-day time frame
rather
than the expedited 72-hour time frame.
• If you disagree with our decision to
process your appeal request under the standard 30-day timeframe
rather than the expedited 72-hour time
frame.
We will attempt to resolve any complaint that you might have. We encourage
the informal resolution of complaints (i.e., over the telephone), especially
if such complaints result from misinformation, misunderstanding or lack
of information. However, if your complaint cannot be resolved in this manner,
a more formal Member grievance procedure is available:
1. A complaint or grievance that can be initiated over the telephone,
in writing or in person, will be handled promptly with every attempt made
to
resolve the problem at the time it is brought to FamilyCare Health
Plans’ attention.
If attempts to resolve the complaint require additional investigation, the
Member will be notified in writing that a complete investigation will occur
within 30 days from the date the complaint was received. FamilyCare Health
Plans will make the Member aware that he/she may submit for consideration any
information or evidence in support of the grievance. For complaints initiated
in writing, a letter will be sent to the Member acknowledging receipt of the
complaint.
2. Prompt corrective action will be initiated by the appropriate department(s)
and/or committee(s) if the complaint is found to be valid. The decision
is forwarded to the Member in writing.
3. FamilyCare Health Plans will respond within 24 hours to a Member's
grievance that FamilyCare Health Plans extended the time frame to make
an organization determination or reconsideration, or refused to grant a
request for an expedited Organization Determination or reconsideration.
4. FamilyCare Health Plans will make the Member aware that the grievance
should be submitted within a timely fashion. The time for filing a grievance
is limited to a period of one year from the occurrence.
If you have complaints about a decision regarding payment for or provision
of Covered Services that you believe are covered by Medicare and should
be provided or paid for by FamilyCare Health Plans your complaints must
be appealed through FamilyCare Health Plan's Medicare Appeals Procedure
listed above.
PEER REVIEW OF THE COMPLAINT PROCESS
If you are concerned about the quality of care you have received, you
may also file a complaint with the Quality Improvement Organization (QIO)
in your state.
Acumentra Heatlh
2020 SW Fourth Avenue, Suite 520
Portland, Oregon 97201-4960
503-279-0100
SPECIAL PROCEDURE FOR HOSPITAL DISCHARGE DECISIONS
You have the right to an immediate Quality Improvement Organization (QIO
)review if you believe we have made a decision to discharge you prematurely
from the hospital. You will be informed of your right to a QIO review in
writing by the hospital when you are admitted, and when you receive a Notice
of Discharge and Medicare Appeal Rights (NODMAR) from FamilyCare Health
Plans when we issue a discharge notice.
The QIO is an organization comprised of practicing doctors and other
health care experts who are paid by the Federal Government to monitor and
improve the care given to Medicare enrollees. The phone number and address
of the Quality Improvement Organization for your area is:
Acumentra Heatlh
2020 SW Fourth Avenue, Suite 520
Portland, Oregon 97201-4960
503-279-0100
The QIO review is conducted immediately. You are not responsible for
hospital charges incurred during the time that the QIO is reviewing the
case. The QIO review replaces the appeal process unless you fail to request
a QIO review by noon of the first working day after you receive the discharge
notice. Then you have the right to request an expedited appeal from the
plan. Upon discharge, you have the right to appeal as described above.
You may also contact Medicare at 1-800-633-4227 8:00 a.m. to 8:00 p.m.
Monday through Friday.
Note: You should review your Notice of Discharge and Medicare Appeal
Rightsto verify the address and phone number of the QIO responsible for
the
hospital in which you are a patient.
If you ask for immediate review by the QIO by noon on the workday following
a Notice of Discharge and Medicare Appeal Rights, you will be entitled
to this process instead of the standard appeals process that is described
above in this section. You will also be protected from liability for hospital
services you received before the QIO makes its decision. Instead of QIO
review you may appeal the Notice of Discharge and Medicare Appeal Rights
within 60 days as discussed above by requesting that FamilyCare Health
Plans reconsider the decision. The advantage of the QIO review is that
you will get the results within three working days if you request the review
on time. Also, you are not financially liable for hospital charges incurred
during the QIO review process. This same protection does not apply in the
case of the FamilyCare Health Plans reconsideration process.
Note: You may file an oral or written request for an expedited/72-hour
FamilyCare Health Plans appeal only if you have missed the deadline for
requesting the QIO review. If you do not seek QIO review, however, and seek
an expedited reconsideration of the Organization Determination, you will be
financially responsible for the hospital costs incurred from the date the Notice
of Discharge and Medicare Appeal Rights is issued if the Original Determination
to discharge you is upheld through the appeal process. Specifically state that
you have missed the immediate QIO review deadline, you want an expedited (or
72-hour) appeal and that you believe your health could be seriously harmed
by waiting for a standard appeal.
SPECIAL PROCEDURE FOR SERVICE TERMINATION DECISIONS FOR SKILLED
NURSING FACILITIES, HOME HEALTH AGENCIES OR
COMPREHENSIVE OUTPATIENT REHABILITATION FACILITIES
You have the right to an immediate QIO review
if you believe we have made a decision to terminate these services
prematurely. You will be informed
of your right to QIO review in writing by the provider when you start
services with the provider if the services are for a period of
less than 2 days.
If the service is for more than 2 days, you will receive the notice
2 days prior to the termination of the service. If you want to
appeal the decision,
you will receive the notice which is entitled, "Notice of Medicare
Non-Coverage". You may apply for an immediate review by the QIO. The
QIO review is conducted immediately. If you stop services no later
than the date indicated on the form, you will avoid financial liability.
The
QIO review replaces the appeal process unless you fail to request
a QIO review by noon of the first working day after you receive the
discharge notice. Then you have the right to request an expedited appeal
from
the
plan. (An expedited appeal is explained previously in this document.)
If you have any questions about the grievance or appeals process, please
call the FamilyCare Health Plans Customer Service Department from Monday
through Friday from 8:00 am until 8:00 pm:
503-345-5702
1-866-798-CARE(2273)
TTY: 1-800-735-2900
GLOSSARY OF TERMS
Appeal – Any of the procedures that deal with the review of adverse organization
determinations on the health care services a Member believes he or she is entitled
to receive, including delay in providing, arranging for, or approving the health
care services (such that a delay would adversely affect the health of the Member),
or any amounts that the Member must pay for a covered service. These procedures
include reconsideration by FamilyCare Health Plans, and if necessary, an independent
review entity, hearings before Administrative Law Judges, review by the Medicare
Appeals Council, and judicial review.
Complaint – Any expression of dissatisfaction to a Medicare health
plan. provider, facility or Quality Improvement Organization (QIO) by a
Member made orally or in writing. This can include concerns about the operations
of providers, or Medicare health plans such as: Waiting times, the demeanor
of health care personnel, the adequacy of facilities, the respect paid
to Members, the right of the Member to receive services or receive payment
for services previously rendered. It also includes the plans’ refusal
to provide services the Member believes he or she is entitled. A
complaint could be either a grievance or an appeal, or a single complaint
could include
elements of both. Every complaint must be handled under the appropriate
grievance or appeal process.
.
Grievance – Any complaint or dispute other than one involving an Organization
Determination, expressing dissatisfaction with the manner in which FamilyCare
Health Plans or delegated entity provides health care services, regardless
of whether any remedial action can be taken. A Member may make the complaint
or dispute, either orally or in writing, to FamilyCare Health Plans, provider
or facility. An expedited grievance may also include a complaint that FamilyCare
Health Plans refused to expedite an Organization Determination or reconsideration,
or invoked an extension to an Organization Determination or reconsideration
timeframe. In addition, grievances may include complaints regarding the timeliness,
appropriateness, access to, and/or setting of a provided health service, procedure,
or item. Grievances issues may also include complaints that a covered health
service procedure or item during a course of treatment did not meet accepted
standards for delivery of health care. Examples of issues that involve a complaint
that will be resolved through the Grievance rather than the Appeal process
are: Waiting times in Physician offices; Rudeness or unresponsiveness of Customer
Service Staff.
Independent Review Entity – An independent entity contracted by
CMS to review Medicare health plans’ denial of coverage determinations
and organization determinations.
Inquiry – Any oral or written request
to an Medicare health plan, provider, or facility, without an expression
of dissatisfaction, e.g.,
a request for information or action by a Member.
Medical Director – A licensed physician
who is an employee of FamilyCare Health Plans and is responsible
for the overall quality of the medical
care we provide.
Medically Necessary – Medical Services
or Hospital Services, which are determined by FamilyCare Health
Plans to be:
• Rendered for the treatment or diagnosis
of an injury or illness and
• Appropriate for the symptoms, consistent
with diagnosis, and otherwise in accordance with sufficient scientific
evidence and professionally recognized
standards and
• Not furnished primarily for the convenience of the Member, the
attending Physician, or other Provider of service. Whether there is "sufficient
scientific evidence" shall be determined by FamilyCare Health Plans
based upon the following: peer reviewed medical literature; publications,
reports, evaluations and regulations issued by state and federal
government agencies, Medicare local carriers and intermediaries;
and such other authoritative
medical sources as deemed necessary by FamilyCare Health Plan.
Organization Determination – Any decision
made by or on behalf of a Medicare Advantage organization regarding
payment or services to which
a Member believes he or she is entitled.
Quality Improvement Organization (QIO) – Organizations
comprised of practicing doctors and health care experts under contract
to the Federal
government to monitor and improve the care given to Medicare Members.
They review complaints raised by Members about the quality of care
provided by physicians, inpatient hospitals, hospital outpatient departments,
hospital
emergency rooms, skilled nursing facilities, home health agencies,
Medicare managed care plans, and ambulatory surgical centers. The
QIOs
also review
continued-stay denials in acute inpatient hospitals.
Skilled Nursing Care – Services that
can only be performed by, or under the supervision of licensed
nursing personnel.
Skilled Nursing Facility – A facility that provides inpatient Skilled
Nursing Care, rehabilitation services or other related health services
and is certified by Medicare. The term "Skilled Nursing Facility" does
not include a convalescent nursing home, rest facility or facility
for the aged that furnishes primarily Custodial Care, including training
in
routines of daily living.
Time-Sensitive – A situation where waiting
for a standard decision could seriously jeopardize your life or
health, or your ability to regain
maximum function.
How to Obtain Information on Grievances, Appeals, and Exceptions
When you ask for it, the government requires FamilyCare Health Plans to provide
you with reports that described what happened to quality of care grievances,
appeals, and requests for exceptions. These reports are updated twice a year
and must be sent to you in their entirety.
For information on starting the grievance process please use the Member Grievance Form.
A grievance is a complaint that a Medicare member makes about the way
FamilyCare Health Plans provides care (other than complaints about requests
for service or payment.) A grievance about quality of care is one kind
of grievance. For example, a member can file a grievance about the quality
of care when the member believes that the service the he or she received
was not timely or correct, when the member had problems getting a service
because of long waiting times or long travel distances, or when the wrong
kind of doctor or hospital provided the service.
An appeal is a formal complaint about FamilyCare
Health Plans’ decision
not to pay for, not to provide, or to stop an item or service that
a Medicare member believes he or she needs. If a member cannot
get an item or service
that the member feels s/he needs, or if the health plan has denied
payment of a claim for service the member has already received
the member can appeal.
A Medicare member can request that FamilyCare
Health Plans review the member’s appeal quickly if the member believes that his health could
be seriously harmed by waiting for a decision about an appeal. This is
called a request for an expedited or “fast” appeal.
If you would like a copy of the most recent
report on FamilyCare’s
response to quality of care grievances, appeals, and requests for
exceptions you may contact us in any of the following ways:
Phone: 503-345-5777 (Compliance Hotline. Please leave a message.)
Fax: 503-345-5770
Mail: FamilyCare Health Plans
Attention: Compliance
2121 SW Broadway
Portland, OR 97201