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The Lifecycle of an Appeal (Part 6)

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  • avatar
    Name
    Mike Gartner, PhD
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Recap

This is part 6 of a multi-part post walking through an appeal of a coverage denial for Adalimumab level testing. We previously submitted a first internal appeal of the decision, and heard back that the insurer decided to uphold their denial decision. We found out that the coverage determination now allows for an external appeal to be submitted to a third party.

The External Appeal

We saw last time in the response to the initial appeal letter that this coverage decision is now able to be appealed externally, and reviewed by an third party. The appeal response from Aetna conveniently included1 some information about this process:

Figure 1.
Details about submitting an external appeal were included in the response to my internal appeal.

The letter states that to file an external appeal in this case, one should fill out the enclosed "New York External Appeal Application" within four months. This time limit is a good thing to keep in mind for those new to appeals processes. The NY External Appeal Application included in the correspondence is a fairly straighforward looking form, that asks one to include:

  • A copy of the initial appeal.
  • The initial appeal response (to prove a "final adverse determination" has been made by the insurer).
  • A "Physician Attestation", corroborating some form of rationale for why an appeal for coverage is meritedand.
  • A potentially refundable check for $25 made out to Aetna.
  • Any additional supporting documentation.

Filling out and acquiring all of this information was routine, but a nontrivial time committment.

The Physician Attestion in particular poses what IMO is an unreasonable barrier to access to this process. One would hope the external review board would be capable of judging the medical and contractual merits of a coverage denial, and related appeal materials, based only on the merits of those things. It seems, however, that the common people cannot be trusted by NYS even to make arguments to then be judged by experts.

I am in the immensely fortunate position of being the patient of a phenomenal doctor, with phenomenal support staff, who I can reach out to asynchronously at any time. My fortune runs further, in that these medical professionals were willing to talk through my insurance issue and help me fill out this form, all without my having to make any appointments or pay any money for their time, and all while they are incredibly busy with other patients, and presumably under staffed.

However, not all people are so fortunate. Doctors tend to be busy, and be available for communication mostly during typical working hours. If I had a less ideal relationship and means of communication with my doctor's office, or if I had limited access to a computer, or if I had no time to take multiple hours during the work day to correspond with the office, and not enough money to afford taking time off, etc, etc, having to get this attestation would have been a serious barrier that may have motivated me to just drop the matter. In the end, my doctor and her office graciously filled out this form on my behalf, and even went so far as to write an additional appeal letter for me, to add as supplementary material to the external review.

I collected the materials, and put them all together in an envelope which was fat with all of this documentation, and sent it on it's way.

Figure 2.

This was a lot of paper. Probably better to use the NYS DFS online portal for external appeals. I found out about it too late.

Absurdity 1

About a month after sending this letter, I was starting to wonder why I hadn't heard anything back yet (I figured government is slow, but maybe not that slow). I called NYS Department of Financial Services, and they informed me they had received my external appeal form, and had been trying to contact me unsuccessfully because there was in issue with the submission. In fact, I was told I had a day or two left to respond before they were going to close my case due to lack of a response. I found this odd as I had received no mail or calls that I knew of. I was put in touch with the manager of my case, who informed me that, indeed, no mail was sent, and no calls were made. They had however sent me two emails. They were emails whose subjects were just my name followed by a sequence of random letters and numbers, and whose entire content were the phrases "See attached external appeal assignment." and "See attached letters." respecively, in addition to a single PDF attachment each. Both emails had went to my spam folder. The NYS representative who worked my case was kind, and helped me get my materials resolved in time, but I find it baffling that after receiving a letter that clearly involved a lot of work from numerous people, and having all my contact info, NYS was just going to bury the appeal without once trying to call me, send me a piece of mail, or send me an email with more than a single English sentence in it.

Absurdity 2

In addition to being surprised to find I had missed correspondence from NYS, what the correspondence was about was pretty baffling as well. Part of the Physician Attestation Form that was filed by my doctor on my behalf required two references to peer reviewed literature supporting my case for an appeal of the coverage denial. The NYS representative in charge of my case had put my appeal on hold because they needed me to send them copies of the actual peer reviewed papers, in addition to the references. This was mind-boggling to me. First of all, the appeal instructions provided by this same department specifically asked for references to peer reviewed literature, not copies of that literature. If the copies are a requirement, obviously that should be stated up front, to avoid unnecessary correspondence such as this. Second, the medical field comes up severely short on the front of free access to research literature. You can't expect to find a preprint of every medical paper on arxiv or other free (and legal) servers; instead, the publicly accessible (legal) copies are frequently hidden behind paywalls for non-open-access journals. In my case, both papers referenced by my doctor were not freely available (to the best of my knowledge). When I reported this fact to the NYS represenative, they told me that was too bad, and I'd have to find a way to get copies. This is another ridiculous barrier to successfully appealing an insurance denial; after going to great lengths to submit an appeal, you still find you have to both send a check to Aetna for $25, and pay some journal additional fees for access to two articles, just for the right to possibly get coverage you already pay for each month (assuming the denial was inappropriate). It seems reasonable to me that if the external review agencies are in the literal business of reviewing appeals for a living, maybe they could themselves pay for one collection of subscriptions to medical journals, rather than requiring each person in New York State to get access to their own subscription just to be able to exercise a consumer right. But maybe I'm the insane person, I really don't know anymore.

Outro

And now, we wait.

Footnotes

  1. I imagine it's typical for the final negative responses to internal appeals to include information about how to proceed with an external appeal, but if you find yourself needing to submit an external appeal but not knowing how with your particular insurer and in your particular state, I have two recommendations. First, read through your plan benefits document (the full document detailing all aspects of your plan, not just the one page summary of benefits). This should include a section that describes how external appeals work, and the relevant contact information. Second, if you come up short looking at your plan documents, contact your state's department of insurance to get information about how the process works.