Current through Register Vol. 35, No. 18, September 24, 2024
A. A member or his or her authorized
representative or the authorized provider in accordance with the member's MCO
procedures has the right to request within 60 calendar days after the mailing
of the MCO's notice of action a MCO standard member appeal orally and in
writing. When the mailing date of the notice of action is disputed or there is
a discrepancy between the mailing date and the postmarked date, the postmarked
date will prevail. If orally requested, the request must be followed up in
writing within 13 calendar days of the oral request.
(1) If a member or his or her authorized
representative or authorized provider elects to request a continuation of the
member's disputed current benefit, the member or his or her authorized
representative or the authorized provider must request a MCO standard member
appeal and request a continuation of the member's disputed current benefit
within 10 calendar days of the mailing of the MCO's notice of action. When the
mailing date of the notice of action is disputed or there is a discrepancy
between the mailing date and the postmarked date, the postmarked date will
prevail. See
8.308.15.15
NMAC for a detailed description of the continuation of the disputed current
benefit process.
(2) If the member
or his or her authorized representative or the authorized provider requests a
MCO standard member appeal, the following apply.
(a) If the member or his or her authorized
representative designate in writing the member's provider to act as the
member's authorized provider, the authorized provider may request a MCO
standard member appeal when the authorized provider believes that the MCO has
made an incorrect decision concerning the member's disputed benefit.
(b) If the MCO upholds its adverse action,
regardless of who requested the MCO standard member appeal process, the MCO
standard member appeal process is considered exhausted and the member or his or
her authorized representative may request a HSD expedited or standard
administrative hearing concerning the member's disputed benefit.
(c) If a member or his or her authorized
representative elects not to request a HSD expedited or standard administrative
hearing, and if the date of the MCO standard member appeal final decision
letter is prior to the notice of action's adverse action effective date, the
MCO must continue the disputed current benefit up to the notice of action's
adverse action effective date.
(d)
Once the member or his or her authorized representative requests a HSD
expedited or standard administrative hearing, he or she is referred to as the
claimant.
(3) The member
or his or her authorized representative or the authorized provider may have
legal counsel or a spokesperson assist him or her during the MCO standard
member appeal process.
(4) The
member or his or her authorized representative or the authorized provider does
not have the right to request a MCO expedited or standard member appeal or a
HSD expedited or standard administrative hearing related to a value-added
service offered by the MCO.
(5) The
authorized provider is not eligible to request a HSD expedited or standard
administrative hearing on the disputed benefit, unless the provider has been
designated as the member's authorized representative. See 8.352.2 NMAC for a
detailed description of the HSD expedited or standard administrative hearing
processes.
B. The MCO
shall designate a specific employee as its MCO standard member appeal manager
with the authority to:
(1) administer the
policies and procedures for resolution of a MCO standard member
appeal;
(2) review patterns and
trends in standard member appeals and initiate corrective action; and
(3) ensure there is no punitive or
retaliatory action taken against any member or his or her authorized
representative or authorized provider that files a MCO standard member appeal,
or a provider that supports the member's appeal.
C. The MCO shall provide reasonable
assistance to the member or his or her authorized representative or the
authorized provider requesting a MCO standard member appeal in completing forms
and completing procedural steps, including but not limited to:
(1) providing interpreter services;
(2) providing toll-free numbers that have
adequate TTY/TTD and interpreter capability; and
(3) assisting the member or his or her
authorized representative or the authorized provider in understanding the MCO
rationale regarding the disputed benefit which was wholly denied, partially
denied or that was limited in order that the issue under appeal is sufficiently
defined throughout the MCO standard member appeal.
D. The MCO shall provide the member or his or
her authorized representative, and the member's provider (regardless if the
provider is not the authorized provider) with the following information once a
request is made for a MCO standard member appeal.
(1) The date the MCO standard member appeal
request was received by the MCO, and the MCO's understanding of what the member
or his or her authorized representative or the authorized provider is appealing
concerning the member's disputed benefit;
(2) The expected date of the MCO standard
member appeal decision:
(a) that is not to
exceed 30 calendar days from the date of the receipt of the request for a MCO
standard member appeal; and
(b)
that alerts the member or his or her authorized representative or the
authorized provider of the possibility of an appeal extension of up to an
additional 14 calendar days when:
(i) the
member or his or her authorized representative or authorized provider requests
the extension; or
(ii) the MCO
determines it requires additional information and provides to the member or his
or her authorized representative or authorized provider, and also places in the
member's MCO standard member appeal file how the extension is in the best
interest of the member.
E. Time frames:
(1) The MCO must act as expeditiously as the
member's condition requires, but no later than 30 calendar days after receipt
of a request for a MCO standard member appeal, and provide the member or his or
her authorized representative or the authorized provider its MCO standard
member appeal final decision.
(2)
If the member or his or her authorized representative or the authorized
provider requests an extension of the decision date, the MCO shall extend the
30 calendar day time period up to an additional 14 calendar days to allow the
member or his or her authorized representative or the authorized provider to
submit additional documentation to the MCO supporting the medical necessity for
the disputed benefit.
(3) The MCO
may itself extend the final decision up to the additional 14 calendar day time
period when it determines there is a need to collect and review additional
information prior to rendering its MCO standard member appeal final decision.
The MCO must provide justification in writing to the member or his or her
authorized representative or the authorized provider and also place in the
member's clinical file how the extension of time is in the member's best
interest.
(4) A member or his or
her authorized representative may file a MCO member appeal or grievance against
the MCO's decision to extend the 30 calendar day time frame up to an additional
14 calendar days.