Las Vegas, Health Plan of Nevada Medicare Appeal Rights, Finding

by Las Vegas, Personal Injury Lawyer, Howard Roitman
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How To Appeal a Bad Mediaid Determination in Las Vegas

If a Medicare health plan denies an enrollee's request for an item or service in whole or in part (issues an adverse organization determination), the enrollee may appeal the decision to the plan by requesting a reconsideration. An enrollee or an enrollee's representative may request a standard or expedited reconsideration.

An enrollee or an enrollee's representative may request a standard or expedited reconsideration.

An enrollee's physician may request an expedited reconsideration on the enrollee's behalf. If a physician requests the expedited reconsideration, plans are required to expedite the request.

If the enrollee's physician is also the enrollee's representative, he, or she may also request a standard reconsideration.

For more information about reconsiderations, including appointing a representative, see section 60.1.1 in Chapter 13 of the Medicare Managed Care Manual in the "Downloads" section below.

How to Request a Reconsideration

Reconsideration requests must by filed with the health plan within 60 calendar days from the date of the notice of the organization determination.

Expedited requests can be made either orally or in writing.

Standard requests must be made in writing, unless the enrollee's plan accepts oral requests. An enrollee should call the plan or check his or her Evidence of Coverage to determine if the plan accepts oral standard requests.

How a Health Plan Processes Reconsideration Requests

Once the plan receives the request, it must make its decision and notify the enrollee of its decision as quickly as the enrollee's health requires, but no later 72 hours for expedited requests or 30 calendar days for standard requests, or 60 calendar days for payment requests.

If the decision is unfavorable to the enrollee, in whole or in part, the plan must automatically submit the case file and its decision for automatic review by the Part C Independent Review Entity (IRE).

Use the navigation tool on the left side of this page to link to subpages that contain detailed information about reconsiderations by the Independent Review Entity or any other level of the appeals process.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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