Attention: All Medicaid Providers Whose Services Require Prior Authorization: A Way to Increase Revenue and Help Medicaid Recipients…Or…Killing Two Birds with One Stone
Posted by kemanuel
Attention: All Medicaid Providers Whose Services Require Prior Authorization
A Way to Increase Revenue and Help Medicaid Recipients
Have you heard the cliché: “Killing two birds with one stone….?”
The phrase is thought to have originated in the early 1600s when slingshots were primarily used for bird hunting. (BTW: My husband, who is an expert bird hunter (with guns), I am sure, would be able to hit two birds with one stone…he is that good. In fact, he may have already shot two birds with one bullet). Anyway, Thomas Hobbs, an English political philosopher, is generally given credit for coining the phrase in 1656, although Ovid has a similar expression in Latin over 2000 years prior. Killing two birds with one stone generally means achieving two objectives with one action. (Which, obviously, is a good thing).
For our purposes here, killing two birds with one stone means that by undergoing one action (appealing all Medicaid recipients’ denials, terminations, and reductions for services requiring prior authorization) two positive results are achieved:
1. The Medicaid recipients have their denials, terminations, and reductions appealed (or…people who need services may actually get those necessary services); and
2. Your provider company makes more money.
Not all Medicaid services require prior authorization. But many do. Many prescription drugs require prior approval. Certain services during a pregnancy for a Medicaid pregnant woman require prior authorization. In behavioral health care, almost all services require prior authorizations (although there are some unmanaged visits in outpatient behavioral health (OBT) that do not require prior authorization). Even though other Medicaid services require prior authorization, this blog and NCGS 108D only applies to behavioral health care (because NCGS 108D applies to MCOs and the MCOs only manage behavioral health care). You should appeal all other denied, terminated, or reduced Medicaid services that require prior authorization, but the appeal process in this blog pertains to behavioral health care.
Why care about Medicaid recipient appeals?
It is indisputable that people start companies to make money (except 501(c) companies). You’ve heard all the cliches…”Money makes the world go around…” “The lack of money is the root of all evil…” “Money: power at its most liquid…”
We’ve also heard all the cliches…”Money can’t buy happiness…” “I have no money, no resources, no hope. I am the happiest man alive….” “Money has never made man happy, nor will it, there is nothing in its nature to produce happiness. The more of it one has the more one wants.”
Regardless whether you believe that money is a necessary evil or the key to happiness, it is without question that people need money to get by in life. Therefore, when people create companies, it is, normally, with the intent to make money.
Medicaid providers are no exception.
True, Medicaid reimbursements are crappy. But, despite the crappy/low Medicaid reimbursements, Medicaid providers still hope to make some profit…and do good. (2 birds…1 stone).
We all want to make money and help Medicaid recipients, right? (I know I do).
So with my “handy dandy” tips in this blog, you, too, can kill two birds with stone. You can do both: make more money and help Medicaid recipients.
Wait, I thought providers could not appeal on behalf of our clients? I have heard this incorrect statement over and over from multiple clients. It simply is not true.
NCGS 108D(4)(b) states that “[e]nrollees, or network providers authorized in writing to act on behalf of enrollees, may file requests for grievances and LME/MCO level appeals orally or in writing. However, unless the enrollee or network provider requests an expedited appeal, the oral filing must be followed by a written, signed grievance or appeal.” (emphasis added).
You just need the Medicaid recipient’s consent in writing.
Increased Profit AND Providing Medicaid Services to Recipients: Two Birds…One Stone!
First, how would appealing all terminations, denials and reductions for Medicaid services increase profit for you, as a provider?
For terminations and reductions (not initial authorizations), if you appeal, the Medicaid recipients are required to receive maintenance of service (MOS). This means that, at the very least (even if you lose), if you appeal, you are able to provide services and be reimbursed for services during the appeal process.
For example, you have a developmentally disabled (DD) Medicaid client, who has received 8 hours/day personal care services (PCS) for the last 4 years. You submit your yearly plan of care (POC) requesting 8 hours PCS/day per norm. The managed care organization (MCO) reduces your client’s PCS to 6 hours/day. If you timely appeal the reduction or termination, the MCO will be required to reimburse for 8 hours PCS/day throughout the appeal process.
NCGS 108D-6(c) states: “Continuation of Benefits. – An LME/MCO shall continue the enrollee’s benefits during the pendency of a LME/MCO level appeal to the same extent required under 42 C.F.R. § 438.420.”
42 C.F.R. 438.420 states that:
“Continuation of benefits. The MCO or PIHP must continue the enrollee’s benefits if—
Pay particular attention to subsection (5)…the enrollee must request MOS. Don’t forget to add that little phrase into the form that you have the enrollee sign to consent to appeal.
MOS allows you to be paid during the appeal AND the Medicaid recipient to receive the medically necessary services during the pendency of the appeal.
Two birds…one stone.
For terminations and reductions, there is no need to ask for an expedited hearing (will discuss momentarily), because with MOS, there is no hurry (the recipient is receiving the needed services and you are getting paid).
So, let’s turn to an initial denial for a Medicaid service that requires prior authorization and the appeal process:
If the MCO denies an initial authorization, the Medicaid recipient is not entitled to MOS. However, appealing these initial denials are just as important to (a) the recipients; and (b) your profit as appealing the terminations and denials.
But an appeal can takes months and the recipient (assuming medical necessity truly exists) needs the behavioral health care services in order to not decompensate. So how can the appeal help?
Answer: Request an expedited appeal.
NCGS 108D-7 states:
“When the time limits for completing a standard appeal could seriously jeopardize the enrollee’s life or health or ability to attain, maintain, or regain maximum function, an enrollee, or a network provider authorized in writing to act on behalf of an enrollee, has the right to file a request for an expedited appeal of a managed care action no later than 30 days after the mailing date of the notice of managed care action. For expedited appeal requests made by enrollees, the LME/MCO shall determine if the enrollee qualifies for an expedited appeal. For expedited appeal requests made by network providers on behalf of enrollees, the LME/MCO shall presume an expedited appeal is necessary.”
Important: You still have 30 days to appeal.
Even more important: The MCO is required, by statute, to PRESUME an expedited appeal is necessary.
True the General Assembly really gave mentally ill, developmentally disabled, and substance abuse population the shaft when they passed, and McCrory signed, Senate Bill 553, now Session Law 2013-397, by placing the legal burden of proof on the Medicaid recipient in all circumstances (really??), but the small ray of hope is that, at least as it pertains to expedited appeals, the MCO must presume that an expedited appeal is necessary for the well-being of the recipient.
Going back to expedited appeals, the MCO must make “reasonable efforts” (yes, there is too much wiggle room there) to notify the Medicaid recipient/provider of a denial of an expedited appeal within 2 days. I also believe that is in the best interest of an MCO to authorize expedited appeals, because….could you imagine the implications and legal liability on the MCO if the MCO denies an appeal to be expedited and something horrible happens to the Medicaid recipient as a direct result of the MCO’s refusal to expedite the appeal???? Or, even worse, the recipient harms others as a result of the appeal not being expedited??? WHOOO HOOOO….talk about bad PR!!!
So, two days to determine whether the MCO will accept the request for an expedited appeal. How long for a decision?
According to NCGS 108D-7(d), “[i]f the LME/MCO grants a request for an expedited LME/MCO level appeal, the LME/MCO shall resolve the appeal as expeditiously as the enrollee’s health condition requires, and no later than three working days after receiving the request for an expedited appeal. The LME/MCO shall provide the enrollee and all other affected parties with a written notice of resolution by United States mail within this three-day period.” (emphasis added).
So, basically, if the MCO takes 2 days to decide to accept the expedited appeal, then there is only 1 additional day to determine the results of the appeal. That is fast…I don’t care who you are!!
If the MCO denies the expedited appeal, then the MCO has 45 days to provide a decision.
Very Important: Any adverse decision from an MCO is appealable to the Office of Administrative Hearings (OAH).
Ok, recap: You, as a provider, want to appeal all Medicaid recipient denials, terminations, and reductions for the following two reasons:
1. Increase profitability for your company; and
2. Help the Medicaid recipients by appealing denials, terminations or reductions, and, hopefully, obtaining the medically necessary services for your clients.
2 birds…1 stone.
About kemanuelMedicare and Medicaid Regulatory Compliance Litigator
Posted on October 11, 2013, in Administrative Law Judge, Administrative Remedies, Appeal Deadlines, Behavioral health, Burden of Proof, Denials of Claims, Denials of Medicaid Services, DHHS, Division of Medical Assistance, Expedited Appeal, Gov. Pat McCrory, Health Care Providers and Services, Lawsuit, Legal Analysis, Legal Remedies for Medicaid Providers, Legislation, Maintenance of Service, McCrory, MCO, Medicaid, Medicaid Appeals, Medicaid Recipient Appeals, Medicaid Recipients, Medicaid Reimbursements, Medicaid Services, Medical Necessity, Mental Health, Mental Health Problems, Mental Illness, NC, NCGS 108D, North Carolina, OAH, Office of Administrative Hearings, Plan of Care, Prior Authorization, Reconsideration Reviews, Senate Bill 553, Session Law 2013-397 and tagged Administrative Law Judge, Behavioral health, DHHS, Division of Medical Assistance, DMA, Expedited Appeal, Health care, Health care provider, Maintenance of Service, Managed care, Managed Care Organizations, McCrory, MCO, Medicaid, Medicaid Recipient Appeals, Medicaid Recipient terminations, Medicaid recipients, Medicaid Reimbursments, Medicaid Services, Mental disorder, Mental health, NC Medicaid, NCGS 108D, North Carolina, Pat McCrory, Prior Authorization, reductions and denials. Bookmark the permalink. 1 Comment.