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Medicare Appeals - Providers

1. What is an Appeal?
2. What are our Appeal Rights?
3. How do we Appeal a Claim?
4. How does the Appeal Process work?
5. What if we don’t agree with the Reconsideration on my Part A Claim?
6. What if we don’t agree with the Review on my Part B Claim?
7. What if we disagree with the Hearing Officer’s decision?

Introduction
An appeal is a request to review a decision made on the Medicare Part A Hospital (inpatient) and Part B Medical (outpatient) services. When you disagree with the decision on the RA send a letter to the Medicare Part A fiscal intermediary stating clearly your complaint. For Medicare Part A decisions, you must send your request for an appeal within 60 days of receiving the notice if the notice is dated September 30, 2002, or earlier or within 120 days of the date of this notice, if this notice is dated October 1, 2002 or later. Within ten days from receipt of the Part A request an acknowledgement letter is sent to the requestor. For Part B decisions, you must send the request for appeal within six (6) months of receiving the notice if the notice is dated September 30, 2002, or earlier or within 120 days of the date of this notice, if this notice is dated October 1, 2002 or later. At this time no acknowledgement letter is sent to the beneficiaries.



1. Appeal Rights
An appeal is a request to review a decision made on the Medicare Part A Hospital (inpatient) and Part B Medical (outpatient) services. When you disagree with the decision on the RA send a letter to the Medicare Part A fiscal intermediary stating clearly your complaint. For Medicare Part A decisions, you must send your request for an appeal within 60 days of receiving the notice if the notice is dated September 30, 2002, or earlier or within 120 days of the date of this notice, if this notice is dated October 1, 2002 or later. Within ten days from receipt of the Part A request an acknowledgement letter is sent to the requestor. For Part B decisions, you must send the request for appeal within six (6) months. days of receiving the notice if the notice is dated September 30, 2002, or earlier or within 120 days of the date of this notice, if this notice is dated October 1, 2002 or later. At this time no acknowledgement letter is sent to the beneficiaries.

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2. Appeal Rights for the Provider
The provider’s right to appeal certain determinations is limited. The provider may appeal an initial determination when:
  • Items or services are not covered because they are not reasonable and necessary or constitute custodial care
  • The beneficiary has been found not liable for the cost of the service(s) under the limitation of liability, or the beneficiary will not request an appeal.
Good cause for late filing must be established when the written complaint arrives past the time frame for requesting an appeal. When good cause is not found the request is dismissed. You will be notified when a request is dismissed.

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3. How to Appeal a Claim

The Provider letter must express disagreement with a specified initial determination and must include the signature of the requestor. A request for Medicare Part A reconsideration may be filed on Form HCFA-2649. This form must include a signature and written specific expression of disagreement. The form is located at:
http://www.cms.hhs.gov/forms/cms2649.pdf
A request for Medicare Part B review may be filed on Form HCFA-1964. This form must include a signature and written specific expression of disagreement. The form is located at:
http://www.cms.hhs.gov/forms/cms1964.pdf
The Provider must include complete documentation with the written appeal request. The following pertinent information should be included in the request:
  • Provider name, mailing address, and provider number
  • Address were the services were performed
  • Beneficiary name and Health Insurance Claim number
  • Date of service on the claim reported to Medicare
  • Identify the line item(s) or service(s) for review
  • Brief explanation including the reason for the request
To ensure prompt delivery to the Medicare Intermediary office please send to: BLUE CROSS BLUE SHIELD OF ARIZONA
MEDICARE HEARINGS AND APPEALS DEPARTMENT
P O BOX 37700
PHOENIX AZ 85069-7700

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Appeal Process


4. First Appeal Level

An independent and thorough evaluation of the evidence and prior findings is made. All the facts are reviewed based on Medicare guidelines. The reviewer is looking for the evidence submitted that is clear and convincing and supported by documentation. The decision letter for Medicare Part A (inpatient) is completed and mailed within 60 days from the date the reconsideration request was received by the Intermediary. The decision letter for Part B (outpatient) is completed and mailed within 45 days from the receipt of the review request.

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5. Second Appeal Level for Medicare Part A

If the beneficiary, beneficiary representative or the provider is dissatisfied with the Medicare Part A (inpatient) reconsideration determination letter you can go to the next level of appeal. The second level of appeal for Medicare Part A is called an Administration Law Judge hearing. The following conditions must be met to go to the second level:
  • Prior review performed
  • Amount in controversy after the determination is more than $100
  • Filed timely (written request postmarked within 60 days from the decision date)
  • The requestor is a party to the hearing
The letter must specifically state your complaint with the Medicare Part A determination letter. Send the request letter and supporting documentation to the Intermediary that forwarded your determination. Within ten days from receipt of the Part A hearing request an acknowledgement letter is sent to the requestor. The Administrative Law Judge will notify you of the final decision.

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6. Second Appeal Level for Medicare Part B

If the beneficiary, beneficiary representative, or the provider is dissatisfied with the Medicare Part B (outpatient) review determination you can go to the next level of appeal. The second level of appeal is a Part B Hearing. The hearing request letter must specifically state your complaint with the determination letter. Send the request letter and supporting documentation to the Intermediary that forwarded your determination. Within ten days from receipt of the Part B hearing request an acknowledgement letter is sent to the requestor. The following conditions must be met to go to the next level:
  • Prior review performed
  • Amount in controversy after the determination is more than $100
  • Filed timely (written request postmarked within 6 months from the decision date)
  • The requestor is a party to the hearing
A request for Medicare Part B Hearing may be filed on Form HCFA-1965. This form must include a signature and written specific expression of disagreement. The form is located at:
http://policy.ssa.gov/poms/images/HCFA/G-HCFA-1965.gif
You must choose the type of hearing that will be conducted. When the choice is not specified an on-the-record hearing is conducted. One of three types of hearings can be requested:
  1. On-the-Record hearing. A decision is made using the facts contained in the hearing file. This includes all information gathered before the hearing.
  2. Telephone hearing. Oral testimony is presented over the telephone to support the case. The testimony is taped in accordance to the Medicare guidelines and admissible as evidence.
  3. In person hearing. The hearing is the same as telephone just without your appearance.
The provider is responsible for ensuring that the necessary documentation is submitted for review. The Hearing Officer will secure the necessary documentation if applicable. The Hearing Officer will schedule the hearing of your choice. The Hearing Officer considers all relevant and material facts. The written decision contains a statement of the issues, evidence, rationale, specific findings of fact and a conclusion. The Hearing Officer is bound by applicable statute, regulations, and guidelines. A decision will be rendered more than 120 days after the request for hearing was received. The decision letter is sent to the beneficiary, beneficiary representative, and the provider.

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7. Third Appeal Level for Medicare Part B - ALJ Hearing

If the beneficiary, beneficiary representative, or the provider is dissatisfied with the Hearing Officer’s decision you can go to the next level of appeal. The third level of appeal is an Administrative Law Judge Hearing. A specific written request for a Part B ALJ must be filed with the Intermediary. Within ten days an acknowledgement letter will be sent to you explaining the administrative law judge process. The following conditions must be met to go to the next level:
  • Prior Part B Hearing performed
  • Amount in controversy after the determination is more than $100
  • Filed timely (written request postmarked within 6 months from the decision date)
  • The requestor is a part to the hearing or is the appointed representative.
Mail your request for the Medicare Part B ALJ to:
BLUE CROSS BLUE SHIELD OF ARIZONA
MEDICARE HEARINGS AND APPEALS DEPARTMENT
P O BOX 37700
PHOENIX AZ 85069-7700

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