|
1
|
- How to Bring Appeals Under Medicare Part B
- Paula McCann, Esq.,
|
|
2
|
- Paula McCann, Esq. Of Counsel, Kenlan, Schwiebert & Facey, Rutla=
nd,
VT 05702 (802) 773-3300
- Email: pmccann@kenlanlaw.com
- Former Director, Medicare Advocacy Project
- Vermont Legal Aid, Inc.
|
|
3
|
- VLA Joint Venture with Vermont Medicaid
- Started in 1987 with state legislation
- Contract to Recover Medicare Payments for dual eligibles
- VT has 40,000 duals, about 40% of Medicare beneficiaries in VT have
Medicaid
- MAP Recovers $1 million or more per year
|
|
4
|
- Part A: Hospital, Home Heal=
th,
Skilled Nursing Facility, Hospice, Blood while Inpatient
- Part B: Dr. Visits; Outpatient Labs/Tests; Therapies (OT, PT, Speech=
),
DME, Blood as Outpatient, some Home Health
- Part D: Drug coverage throu=
gh
private plans with financial limitations.
|
|
5
|
- Cancer Screenings
- Bone Mass Screenings
- Diabetes Screening
- Flu and Pneumonia Vaccines
- Hepatitis B Vaccine
- Mammograms and Pap Smears
- 1 Time Physical
|
|
6
|
- The Law
- Sections 1869 and 1879 Social Security Act
- Section 521 of the Medicare, Medicaid, and SCHIP Benefits Act of 20=
00
(BIPA)
- Title IX of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (MMA).
- 42 C.F.R. Part 401 and 405, published as Interim Final Rule on Marc=
h 8,
2005; FR 3/8/2005 Vol. 70, Number 44, pages 11419-11499.
|
|
7
|
- Initial Determinations/Reopenings
- Redetermination
- Reconsideration (QIC)
- Administrative Law Judge Hearing
- Appeals Council Review
- Federal Court Review – very limited
|
|
8
|
- Medicare Contractors
- Take in and adjudicate initial claims
- Provider or Beneficiary Can Request Reopening
- If technical error on claims forms, supplemental documents 42 C.F.R. 405.920 et seq.
- Take in redeterminations or 2nd level Appeals
- Medical reviewers
- Mainly policy argument
|
|
9
|
- National Heritage Insurance Company/EDS
- AdminiStar Federal Inc.
- Palmetto GBA LLC
- Noridian Administrative Services
|
|
10
|
|
|
11
|
- Patient Demand Bill
- If DME Supplier Says Medicare Won’t Pay
- Medicare policy does not specifically cover
- Wheelchair within 5 years
- Ultralight K5 Chair
- Medicaid Paid Already
|
|
12
|
- Supporting Documentation
- Letter from PT on Necessity
- Letter from MD on Necessity
- Repair bills showing breakdown of chair
- Statement from Caregiver on skin breakdown
- MUST HAVE MSN
- Problems with Access – case example
|
|
13
|
- Right to Redetermination 42
C.F.R. 405.940
- 120 days from initial determination
- 5 day mail rule for clock running
- Good cause for late filing
- File with contractor in writing
- Evidence submitted
- Contractor has 60 days to complete
- Can be dismissed if not proper party 42 C.F.R. 405.906(b)
|
|
14
|
- Forms Not Necessary
- CMS Form not necessary
- Use Letter Brief Format
- Medical Chart information helpful
- Statement(s) from client, health care provider
|
|
15
|
- New Step for Part B – 1/1/2006
- QIC Contractor: ON MSN
- Law: 42 C.F.R. 405.960 et seq.
- 180 Day Filing Deadline from receipt of Redetermination
- CMS Form or Written Letter w/same info
- QIC has 60 Days to Issue Decision
|
|
16
|
- Can Submit Evidence
- Medical Charts
- Statements
- Providers Must Submit All Evidence, Barred from New Evidence at ALJ=
- Beneficiaries Not Barred on Evidence
- Recommend submitting all relevant evidence
|
|
17
|
- No Opportunity for Hearing
- QIC is Paper Review by Medical Personnel
- Law Not Interpreted – Pure Policy
- QIC Contractors Base Determinations on CMS Policy, not
statutory/regulatory law
- Highly Subjective
- Medical personnel
- Have right to discovery at ALJ – find out who at QIC made determina=
tion
|
|
18
|
- Cases filed since November 2005 – only 3 wins at this level (two bli=
nd,
one died from conditions)
- “Review” appears to ignore factual evidence such as affidavits from
beneficiaries, law
- Reviewers move the target – cite brand new reason for denial than th=
at
used at all levels below
|
|
19
|
- CMS Offices of Hearings and Appeals
- Arlington, Virginia ( Mid-Atlantic Field Office and Headquarters)
- Cleveland, Ohio (Mid-West Field Office)
- Irvine, California (Western Field Office)
- Miami, Florida (Southern Field Office)
|
|
20
|
- Request w/in 60 Days of QIC Decision
- CMS Form Exists
- but Letter Brief Preferred
- Hearings and Appeals Offices
- Can answer questions on rules/regulations
- Hearing or Decision on Brief
|
|
21
|
- Researching ALJs
- Find out who the judge is – all new at this
- Get support – MAP, CMA, Private Attorney
- The Law
- 42 C.F.R. 405.1004-1006 Right to Hearing
- Amount in Controversy $110
- Aggregating Claims to Meet $110
|
|
22
|
- Appellate Argument
- Lower level review inconsistent with law
- Heavy on Facts/Medical Support
- Law vs. Policy
- Medicare to be broadly construed
- Case law minimal importance
- Persuasive not Binding Fed Ct. Decisions
|
|
23
|
- The Departmental Appeals Board Medicare Appeals Council (DAB MAC)
- See handout for reference
- MAC Appeals Rights
- 42 C.F.R. 405.1100
- 90 Days to Uphold, Reverse or Remand to ALJ
- 180 Days on Escalated Cases
- Can Request Oral Argument
|
|
24
|
- Amount in Controversy $1,100
- File w/in 60 Days
- US Attorney Office will fight
- Dual Eligible Standing Issue
- NH Case Law – can be fought
|