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Reconsideration by the Medicare Advantage (Part C) Health Plan

Guidance for if a Medicare health plan denies an enrollee's request (issues an adverse organization determination) for an item or service, in whole or in part, the enrollee may appeal the decision to the plan by requesting a reconsideration.

Final

Issued by: Centers for Medicare & Medicaid Services (CMS)

Issue Date: March 07, 2019

If a Medicare health plan denies an enrollee's request (issues an adverse organization determination) for an item or service, in whole or in part, the enrollee may appeal the decision to the plan by requesting a reconsideration.

How to Request a Reconsideration

An enrollee, an enrollee's representative, or an enrollee's physician may request a standard or expedited reconsideration.  If a physician requests the expedited reconsideration, plans are required to expedite the request. 

Reconsideration requests must be filed with the health plan within 60 calendar days from the date of the notice of the organization determination.  Standard requests must be made in writing, unless the enrollee's plan accepts verbal requests. An enrollee should call the plan or check his or her Evidence of Coverage to determine if the plan accepts verbal standard requests.  Expedited requests can be made either verbally or in writing.  

How a Health Plan Processes Reconsideration Requests

Once the plan receives the request, it must make its decision and notify the enrollee of its decision as quickly as the enrollee's health requires, but no later 72 hours for expedited requests, 30 calendar days for standard requests, or 60 calendar days for payment requests.  If the decision is unfavorable to the enrollee, in whole or in part, the plan must submit the case file and its decision for automatic review by the Part C Independent Review Entity (IRE).

For more information about health plan reconsiderations and appointment of a representative, see section 50 and section 20 (respectively) in the Parts C & D Enrollee Grievances, Organization/Coverage Determinations, and Appeals Guidance, in the "Downloads” section below.

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DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.