PAM Section 12: Member Grievance and Appeal Process

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Overview

Members are encouraged to let Trinity Health Plan Of New England know if they have concerns or experience any problems with the Plan or its network providers. Trinity Health Plan Of New England has representatives available to help members with their questions and concerns.

The procedures described in this section may be used if a member has an appeal or grievance he/ she wants to submit to Trinity Health Plan Of New England for review and resolution. These procedures include:

General information on Medicare appeals procedures.
Medicare standard organization determinations and appeals procedures.
Medicare expedited / 72-hour organization determinations and appeals procedure.
Trinity Health Plan Of New England grievance procedure.
QIO immediate review of hospital discharges.
QIO quality of care complaint procedure.

General Information on Medicare Appeals Procedures

Our members have the right to appeal any decision about payment for, or failure to arrange or continue to arrange for, what the member believes are covered services (including non-Medicare covered benefits) under Trinity Health Plan Of New England. 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 an out-of-network provider or facility that the member believes should have been arranged for, furnished, or reimbursed by Trinity Health Plan Of New England.
Services not received, but which the member feels Trinity Health Plan Of New England is responsible to pay for or arrange.
Discontinuation of services that the member believes are medically necessary covered services.

Members should use the Trinity Health Plan Of New England grievance procedure (discussed in this section) for complaints that do not involve coverage decisions such as those set forth. For questions about what type of complaint process to use, members should call Trinity Health Plan Of New England’s Member Service department toll-free at 1-800-240-3851 (TTY 711).

Members are entitled to a report from Trinity Health Plan Of New England that describes the number of quality of care grievances and appeals and their dispositions processed during the most recent calendar year. Members may contact the Member Services Department for a copy of this report.

As discussed in this section, Trinity Health Plan Of New England has a standard determination and appeals procedure and an expedited determination and appeals procedure.

Who May File an Appeal

A member may file an appeal.
A member’s legally authorized representative such as a durable power of attorney or legal guardian may file the appeal for the member on his/her behalf. The member may also appoint an individual to act as his/her representative to file the appeal by following the steps below:
- Complete and submit form CMS -1696, appointment of representative form.
- The appellant must include this signed statement with the appeal.
An out-of-network provider who has furnished a service to a member may file a standard appeal of a denied claim if he/she completes a waiver of payment statement indicating he/she will not bill the member regardless of the outcome of the appeal.

Support for the Appeal

Trinity Health Plan Of New England is responsible for gathering all necessary medical information relevant to the request for reconsideration (appeal). However, it may be helpful to include additional information to clarify or support the request. For example, a member may want to include in the appeal request information such as medical records or provider opinions in support of the request. To obtain medical records, the member may send a written request to his/her primary care provider. If medical records from a specialist are not included in the medical record from the primary care provider, the member may need to make a separate request to the specialist who provided medical services. It is the member’s responsibility to pay any fee charged by the health care provider for medical records.

The member has the opportunity to provide additional information in person or in writing. In the case of an expedited decision or appeal, the member or the member’s authorized representative may submit evidence in person, via telephone, or in writing transmitted by fax to the address and telephone number referenced under the expedited/72-hour review procedure.

Assistance with Appeals

In some situations a member may want help or guidance from someone who is not connected with Trinity Health Plan Of New England. The State Health Insurance Assistance Program (SHIP) is a government program with trained counselors in every state.

Connecticut State Health Insurance Assistance Program

Phone: 800-994-9422

Web: https://portal.ct.gov/AgingandDisability/Content-Pages/Programs/CHOICES-Connecticuts-program-for-Health-insurance-assistance-Outreach-Information-and-referral-Couns

Medicare Standard Organization Determination and Appeals Procedures

If a member specifically requests a particular service from a health care provider, or if that health care provider specifically requests authorization for a service from Trinity Health Plan Of New England, it is considered a request for an organization determination on the service.

If the request is made in writing to Trinity Health Plan Of New England (at the address listed below) to make payment for a service a member has already received, this a request for a Trinity Health Plan Of New England determination on the payment.

In the case of a standard determination, Trinity Health Plan Of New England must make a determination (decision) on the request for payment or provision of services within the following time frames:

Request for Service. If a member requests services, or requires prior authorization of a referral for services, Trinity Health Plan Of New England must make a decision as expeditiously as the member’s health requires, but no later than fourteen (14) calendar days after receiving the request for service. An extension of up to fourteen (14) calendar days is permitted if the member requests the extension or if Trinity Health Plan Of New England has a need for additional information and the extension of time benefits the member. An example of this would be if Trinity Health Plan Of New England would need additional medical records from out-of-network providers that could change a denial decision.
Request for Payment. If a member requests payment for services already received, Trinity Health Plan Of New England will usually make a decision on whether or not to pay the claim no later than thirty (30) calendar days from receiving the request, but in no case will this period exceed sixty (60) days.

Trinity Health Plan Of New England must notify the member 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 the member of his/her right to file an appeal. If the member has not received such a notice within fourteen (14) calendar days of the request for services, or within sixty (60) days of a request for payment, the member may assume the decision is a denial and may file an appeal.

To proceed with the Medicare Standard Appeals Procedure, the following steps will occur:

The member must submit a written request to Trinity Health Plan Of New England, Attention: Appeals and Grievance Coordinator, 3100 Easton Square Place, Third Floor – Health Plan Columbus, Ohio 43219. The written request must be submitted within sixty (60) calendar days of the date of the notice of the initial decision.
Trinity Health Plan Of New England will conduct a reconsideration and notify the member in writing of the decision, using the following time frames:
- Request for Service. If the appeal is for a denied service, Trinity Health Plan Of New England must notify the member of the reconsideration decision as expeditiously as the member’s health requires, but no later than thirty (30) days from receipt of the request. The time frame may be extended by up to fourteen (14) days if the member requests the extension or if Trinity Health Plan Of New England needs additional information, and the extension of time benefits the member, for example, if additional medical records are needed from out-of-network providers that could change a denial decision. Again, Trinity Health Plan Of New England must make a decision as expeditiously as the member’s health requires, but no later than the end of any extension period.
- Request for Payment. If the appeal is for a denied claim, Trinity Health Plan Of New England must notify the member of the reconsideration determination no later than sixty (60) days after receiving the request for a reconsideration determination.
The reconsideration decision will be made by a person or persons not involved in the initial decision. All reconsiderations of adverse organization determinations based on ‘lack of medical necessity’ must be made by a provider with appropriate expertise in the field of medicine appropriate for the services at issue. The member or the member’s authorized representative may present or submit relevant facts and/or additional evidence for review either in person or in writing to Trinity Health Plan Of New England.
If Trinity Health Plan Of New England decides fully in the member’s favor on a request for a service, Trinity Health Plan Of New England must provide or authorize the requested service within thirty (30) days of the date the request for reconsideration was received. If Trinity Health Plan Of New England decides fully in the member’s favor on a request for payment, Trinity Health Plan Of New England must make the requested payment within sixty (60) days of the date the request for reconsideration was received.
If Trinity Health Plan Of New England decides to uphold the original adverse decision, either in whole or in part, Trinity Health Plan Of New England will automatically forward the entire file to MAXIMUS for a new and impartial review. MAXIMUS is CMS’ independent contractor for appeal reviews involving Medicare Advantage managed care plans such as Trinity Health Plan Of New England. Trinity Health Plan Of New England must send MAXIMUS the file within 30 days of a request for services and within 60 days of a request for payment. MAXIMUS will either uphold Trinity Health Plan Of New England’s decision or issue a new decision. If Trinity Health Plan Of New England forwards the case to MAXIMUS, Trinity Health Plan Of New England will notify the member of the decision as discussed above.
For cases submitted for review, MAXIMUS will make a reconsideration decision and notify the member in writing of their decision and the reasons for the decision. If MAXIMUS upholds the Plan’s decision, their notice will inform the member of rights to a hearing before an administrative law judge of the Social Security Administration (SSA) (see below for further levels of appeal). If MAXIMUS (or a higher appeal level) decides in favor of the member, Trinity Health Plan Of New England must pay for, provide or authorize the service as expeditiously as the member’s health condition requires, but no later than 60 days from the date notice reversing the Plan’s decision is received.

If MAXIMUS does not rule fully in the member’s favor, there are further levels of appeal:

If there is at least $180 (2024 amount) in controversy, the member may request a hearing before an administrative law judge (ALJ) by submitting a written request to Trinity Health Plan Of New England, MAXIMUS or the SSA within sixty (60) days of the date of MAXIMUS’ notice that the reconsideration decision was not in the member’s favor. This sixty (60) day notice may be extended for good cause. All hearing requests will be forwarded to MAXIMUS. MAXIMUS will then forward the request and the reconsideration file to the hearing office. Trinity Health Plan Of New England will also be made a party to the appeal at the ALJ level.
Either the member or Trinity Health Plan Of New England may request a review of an ALJ decision by the Medicare Appeals Council, which may either review the decision or decline review.
If the amount involved is $1,840 (2024 amount) or more, either the member or Trinity Health Plan Of New England may request that a decision made by the Medicare Appeals Council, or the ALJ if the Medicare Appeals Council has declined review, be reviewed by a federal district court.
Any initial or reconsidered decision made by Trinity Health Plan Of New England, MAXIMUS, the ALJ, or the Medicare Appeals Council can be reopened by any party (a) within twelve months, (b) within four (4) years for just cause, or (c) at any time for clerical correction of an error or in cases of fraud.
The reconsidered determination is final and binding upon Trinity Health Plan Of New England. If there is a binding arbitration clause in the member’s contract or individual election form, it does not apply to disputes subject to CMS’ appeals process.

Medicare Expedited/72-Hour Determination and Appeal Procedure

Members have the right to request and receive expedited decisions affecting medical treatment in ‘time- sensitive’ situations. A ‘time-sensitive’ situation is one in which waiting for a decision to be made within the time frame of the standard decision-making process could seriously jeopardize the member’s life, health or ability to regain maximum function.

If Trinity Health Plan Of New England decides, based on medical criteria, that a situation is ‘time-sensitive’ or if any provider makes the request for the member by calling or writing in support of the request for an expedited review, Trinity Health Plan Of New England will issue a decision as expeditiously as the member’s health requires, but no later than seventy-two (72) hours after receiving the request. This time frame may be extended by up to fourteen (14) days if the member requests the extension or if the Plan needs additional information and the extension of time benefits the member; for example, if Trinity Health Plan Of New England needs additional medical records from out-of-network providers that could change a denial decision. Again, Trinity Health Plan Of New England must make a decision as expeditiously as the member’s health requires, but no later than the end of any extension period.

Types of Decisions Subject to Expedited/72-Hour Review

Expedited Determinations. If a member believes he/she needs a service, or continues to need a service, and believes it is a ‘time-sensitive’ situation, the member or any provider (including a provider with no connection to Trinity Health Plan Of New England) may request that the decision be expedited. If Trinity Health Plan Of New England decides that it is a ‘time-sensitive’ situation, or if any provider states that it is one, Trinity Health Plan Of New England will make a decision on the request for a service on an expedited/72-hour basis (subject to an extension as discussed above).
Expedited Appeals. If a member wants to request a reconsideration (appeal) of a decision by Trinity Health Plan Of New England to deny a service requested or to discontinue a service the member is receiving that he/she believes is a medically necessary covered service and the member believes it is a ‘time-sensitive’ situation, the member may request that the reconsideration (appeal be expedited. If a provider wishes to file an expedited appeal for the member, the member must give him or her authorization to act on the member’s behalf. If Trinity Health Plan Of New England decides that it is a ‘time-sensitive’ situation, or if any provider states that it is one, Trinity Health Plan Of New England will make a decision on the appeal on an expedited/72-hour basis. This time frame may be extended by up to fourteen (14) days if the member requests the extension or if Trinity Health Plan Of New England needs additional information, and the extension of time benefits the member; for example, if Trinity Health Plan Of New England needs additional medical records from out-of-network providers that could change a denial decision.

Again, Trinity Health Plan Of New England must make a decision as expeditiously as the member’s health requires, but no later than the end of any extension period.

Examples of service decisions which members may appeal on an expedited basis, when believed to be a ‘time-sensitive’ situation, include the following:

Denial of a service requested.
Services discontinued too soon, according to the member, for example:
- Being discharged from a skilled nursing facility too soon and missing the deadline for a QIO review.
- Home health care is being discontinued too soon and missing the deadline for a QIO review.

The procedures for requesting and receiving an expedited determination or an expedited appeal (an expedited decision) are described in the following sections.

How to Request an Expedited/72-Hour Review

To request an expedited/72-hour review, a member or the member’s authorized representative may call, write or visit Trinity Health Plan Of New England. Members must specify an expedited/72-hour review when making the request.

How an Expedited/ 72-Hour Determination/ Review Request Will be Processed

Upon receiving a request for an expedited decision, Trinity Health Plan Of New England will determine whether the request meets the definition of ‘time-sensitive’:
- If the request does not meet the definition, it will be handled within the standard review process. The member will be informed by telephone or in person whether the request will be processed through the expedited seventy-two (72) hour review or the standard review process. The member will also be sent a written confirmation within two (2) working days of the telephone call or personal contact. If the member disagrees with Trinity Health Plan Of New England’s decision to process the request within the standard time frame, the member may file a grievance with Trinity Health Plan Of New England. The written confirmation letter will include instructions on how to file a grievance. If the request is ‘time-sensitive,’ the member will be notified of Trinity Health Plan Of New England’s decision as expeditiously as the member’s health requires but no later than seventy-two (72) hours after receipt of the request.
- An extension up to fourteen (14) calendar days is permitted for a 72-hour request for determination/appeal, if the member asks for the extension or Trinity Health Plan Of New England needs more information and the extension of time benefits the member; for example, a member may need time to provide additional information, or Trinity Health Plan Of New England may need to have additional diagnostic testing completed.
The request must be processed within seventy two (72) hours if any provider calls or writes in support of the request for an expedited/72-hour review, and the provider indicates that applying the standard review time frame could seriously jeopardize the life or health of a member or the member’s ability to regain maximum function.
- If an out-of-network provider supports the request, Trinity Health Plan Of New England will have 72 hours from the time it receives all the necessary medical information from that out-of-network provider it needs to make a decision.
Trinity Health Plan Of New England will make a decision on the request for determination/appeal and notify the member within 72 hours of receipt of the request. If Trinity Health Plan Of New England decides to uphold the original adverse decision, either in whole or in part, the entire file will be forwarded by Trinity Health Plan Of New England to MAXIMUS for review as expeditiously as the member’s health requires, but no later than 24 hours after the decision. MAXIMUS will send the member a letter with their decision within 72 hours of receipt of the case from Trinity Health Plan Of New England.

There are four possible dispositions to a request for expedited determination/appeal. They are:

The request to expedite the determination/appeal decision is approved, a decision is made in 72 hours and the member is notified that Trinity Health Plan Of New England will cover or continue the service.
The request to expedite the determination/appeal decision is approved, Trinity Health Plan Of New England makes a decision in 72 hours and notifies the member that the Plan will not cover or continue the service.
The request to expedite the determination/appeal decision is not approved, and Trinity Health Plan Of New England tells the member that his/her request will be handled under the standard determination/appeal process.
The request to expedite the determination/appeal decision cannot be made in 72 hours, and Trinity Health Plan Of New England lets the member know that the Plan will need up to an additional 14 days to process the request.

When requesting an expedited determination/ appeal, if a member does not hear from Trinity Health Plan Of New England within 72 hours of the request, the member can assume that the request has been denied. Trinity Health Plan Of New England’s failure to notify the member in a timely manner – within 72 hours – constitutes a denial which may be appealed.

Trinity Health Plan Of New England Grievance Procedures

Our members have the right to file a complaint— formally called a grievance—about problems observed or experienced, including:

Complaints about the quality of services received.
Complaints regarding such issues as office waiting times, provider behavior, adequacy of facilities, or other similar member concerns.
Involuntary disenrollment situations.
Disagreement with Trinity Health Plan Of New England’s decision to process a request for a service or to continue a service under the standard 14-day time frame rather than the expedited/72-hour time frame.
Disagreement with Trinity Health Plan Of New England’s decision to process an appeal request under the standard 30-day time frame rather than the expedited/72hour time frame.

Trinity Health Plan Of New England will attempt to resolve any complaint the member might have. Trinity Health Plan Of New England will write to the member to let them know how the Plan has addressed the concern within thirty (30) days of receiving the grievance. In some instances, Trinity Health Plan Of New England will need additional time to address the concern. If additional time is needed, Trinity Health Plan Of New England will keep the member informed regarding the status of the grievance. Trinity Health Plan Of New England is required to track all appeals and grievances in order to report cumulative data to CMS and to members, upon request.

Complaints about a decision regarding payment for or provision of, covered services that a member believes are covered by Medicare and should be provided or paid for by Trinity Health Plan Of New England must be appealed through Trinity Health Plan Of New England’s Medicare Appeals Procedure (see earlier in this section)

Quality Improvement Organization Immediate Review of Hospital Discharges

Members have the right to receive all the hospital care that is necessary for the proper diagnosis and treatment of illness or injury. According to federal law, discharge date must be determined solely by medical needs. When being discharged from the hospital, members will receive a written notice of explanation called a Notice of Medicare Non-Coverage (NOMNC). This document outlines member rights, and a member does not have to disagree with the non-coverage determination in order to receive it. Hospitals participating with Medicare are required to issue this notice.

Members have the right to request a review by a QIO of any written NOMNC received from Trinity Health Plan Of New England or from the skilled nursing facility or home health agency on Trinity Health Plan Of New England’s behalf stating that the Plan will no longer pay for a member’s care. Such a request must be made by noon the day before covered services end. Members cannot be made to pay for the care or a service received before the QIO makes its decision and notifies the member.

If receiving inpatient care from a hospital, members have the right to request a review by a QIO of any written NOMNC from Trinity Health Plan Of New England or the hospital on Trinity Health Plan Of New England’s behalf stating that the Plan will no longer pay for a member’s care. Such a request must be made by midnight on the day of discharge. Members cannot be made to pay for the care or services received before the QIO makes it decision and notifies the member, if the notice is timely.

QIOs are groups of physicians who are paid by the federal government to review medical necessity, appropriateness, and quality of hospital treatment furnished to Medicare patients, including those enrolled in a managed care plan (like Trinity Health Plan Of New England).

Connecticut QIO: KEPRO, Inc.
KEPRO, Inc.
5700 Lombardo Center Dr., Ste. 100
Seven Hills, OH 44131
Annapolis Junction, MD 20701-1105
Phone: 888-319-8452
TTY: 855-843-4776
Web: www.Keproqio.com/bene/statepages/connecticut

Members should review the NOMNC to verify the address and telephone number of the QIO responsible for the facility in which they are a patient.

If a member asks for immediate review by the QIO by noon on the workday following a NOMNC, the member will be entitled to this process instead of the standard appeals process that is described in this section. The member will also be protected from liability for facility services received before the QIO makes its decision. Instead of QIO review, a member may appeal the notice of non-coverage/notice of discharge and medicare appeal rights within 60 days as discussed above by requesting that Trinity Health Plan Of New England reconsider the decision. The advantage of the QIO review is that members will get the results within three working days if requesting the review on time.Also, members are not financially liable for facility charges incurred during the QIO review process. This same protection does not apply in the case of Trinity Health Plan Of New England’s reconsideration process.

Members may file an oral or written request for an expedited/72-hour Trinity Health Plan Of New England appeal only if they have missed the deadline for requesting the QIO review. If a member does not seek QIO review, however, and seeks an expedited reconsideration of the organization determination, the member will be financially responsible for the facility costs incurred from the date the NOMNC is issued if the original determination to discharge is upheld through the appeal process. The member must specifically state that he/she has missed the immediate QIO review deadline, he/she wants an expedited (or 72-hour) Appeal and he/she believes his/her health could be seriously harmed by waiting for a standard appeal.

Members may still request a review by the QIO after the deadline of midnight on the day of discharge for NOMNC appeals. However, the QIO is permitted 2 days to review the case and make a decision if the member is still inpatient but missed the deadline or 30 days if the member has since been discharged. No financial liability protection is extended to the member.

If the member receives an immediate review by the QIO, he/she will not be entitled to a Trinity Health Plan Of New England expedited reconsideration or standard appeal of the discharge decision.

Quality Improvement Organization Quality of Care Complaint Process

For concerns regarding the quality of care received, a member may also file a complaint with the QIO in his/her state.

Last updated: 06/2024

Important Notice for Members