Member Appeals Overview
Provider Type
- Physicians
- Participating Physician Groups (PPG)
- Hospitals
- Ancillary
A member appeal is a request for reconsideration of an adverse benefit determination that involves the delay, modification, or denial of services based on medical necessity or a determination that the requested service is not a covered benefit. An adverse benefit determination notice is also known as Notice of Action (NOA). Member appeals may be submitted by the member, or the provider on the member's behalf, verbally or in writing, within 60 calendar days of receipt of a denial for prior authorization or receipt of an NO to the Health Net Medi-Cal Member Appeals and Grievances Department.
Appeals filed by the provider on behalf of the member require written consent from the member. Appeals received after the 60-day time frame are not considered. Upon request, Medi-Cal Member Services Department, Community Health Plan of Imperial Valley Member Services Department or CalViva Health Medi-Cal Member Services Department (for Fresno, Kings and Madera counties) representatives are available to assist members in writing an appeal. An appeal must include any additional or supporting information the member would like Health Net to consider.
Medi-Cal Pharmacy Benefit Carve Out - Medi-Cal Rx
Medi-Cal pharmacy benefits are administered through the Department of Health Care Services (DHCS) fee-for-service delivery system called Medi-Cal Rx. Appeals and grievances for outpatient pharmacy benefits and services are not Health Net’s responsibility and must be directed to Medi-Cal Rx.
Notice of Action
Members may receive a written notice of adverse benefit determination as a notice of action (NOA) regarding a denial, delay, modification, or termination. If a member received a NOA, the following options are available:
- The member has 60 calendar days from the date on the NOA to file an appeal of the NOA with Health Net.
- The member may request an independent medical review (IMR) from the Department of Managed Health Care (DMHC) after first filing an appeal with Health Net, or right away if the member's health is in immediate danger or if the request was denied because treatment is considered experimental or investigational.
- Aid Paid Pending (Medi-Cal only).
- Members have 60 days from the date of the NOA letter to file an appeal. If Health Net decided to reduce, suspend or terminate a service the member is currently getting, the member may be able to continue the service until an appeal decision is made. This is called Aid Paid Pending. To qualify for Aid Paid Pending, the member must file an appeal within 10 days from the NOA letter.
Availability of Member Assistance in Filing an Appeal
The member can ask for an appeal. Or, they can have someone like a relative, friend, advocate, doctor, or attorney ask for one for them. This person is called an Authorized Representative. The member’s health plan can provide a form for them to identify their Authorized representative. The member, or their Authorized Representative, can send in anything they want their health plan to look at to make a decision on their appeal. A doctor who is different from the doctor who made the first decision will look at the member’s appeal
A provider may also submit an appeal on behalf of the member or an authorized representative, when the member is challenging a denial of a prior authorization request or a service. Appeals filed by the provider or authorized representative, on behalf of the member, require written consent from the member or authorized representative. Members have a right to access their medical records. Written authorization from the member or the member’s authorized legal representative must be obtained before medical records are released to anyone not directly concerned with the member's care, except as permitted or as necessary for administration by the Health Plan.
These appeals are considered member appeals, not provider appeals. They are processed in the same manner as an appeal submitted by a member:
- Health Net, not the participating physician group (PPG) or subcontractor, processes the appeal.
- There is no second-level appeal between Health Net and the PPG. Additional appeal rights are provided in their appeal resolution letter.
Health Net, its PPGs and participating providers will not discriminate against members who have filed an appeal in accordance with Title 28, CCR 1300.68(b)(8). Health Net does not take any punitive action against a provider who requests an expedited appeal or supports a member's appeal. Further, Health Net does not prohibit, or otherwise restrict, a provider acting within the lawful scope of practice from advising or advocating on behalf of a member, who is his or her patient for:
- The member's health status, care, or treatment options, including any alternative treatment that may be self-administered.
- Any information the member needs, in order to decide among all relevant treatment options.
- The risks, benefits and consequences of treatment or non-treatment.
- The member's right to participate in decisions regarding his or her care, including the right to refuse treatment, and to express preferences about future treatment decisions.
Appeal Resolution Process
When the Health Net Medi-Cal Member Appeals and Grievances Department receives the appeal, it is assigned a case number, is researched and resolved. A written acknowledgment is mailed to the member within five calendar days of receipt of the written standard appeal. Within 30 calendar days of receipt of a standard appeal and within 72 hours of receipt of an expedited appeal, members are sent a written Notice of Appeal Resolution (NAR), stating the decision made and the rationale for that decision. An NAR is a formal letter informing a beneficiary that an adverse benefit determination has been overturned or upheld.
If Health Net upholds the initial denial of coverage, the member has the following options:
- The member may apply to the DMHC for an Independent Medical Review (IMR) within 180 days from the date of the NAR letter or after exhausting the plan’s grievance and appeals process. However, the member may request an Independent Medical Review (IMR) from the DMHC right away if the member’s health is in immediate danger or if the request was denied because treatment is considered experimental or investigational; otherwise, the member must first file an appeal with the plan.
- The member may request a state hearing by phone or in writing from the California Department of Social Services (DSS) only after receiving an NAR and within 120 calendar days from the date of the NAR letter. However, if Health Net continued to provide the member with the disputed service(s) (Aid Paid Pending) during the appeal process, and the member wants to continue to receive the service until there is a State Hearing decision, the member must request a State Hearing within 10 days of the NAR. Members also have the right to representation by legal counsel, a friend or other spokesperson during the process.
- Members may ask for both an IMR and State Hearing at the same time. However, if the member asked for a State Hearing first and the hearing already took place, then the member cannot ask for an IMR. This means the State Hearing’s outcome is the final decision.
Expedited Appeals
Members can request an expedited appeal if his or her health or ability to regain maximum function could seriously be harmed by waiting for a standard service appeal. A member or provider, acting on behalf of a member and with written consent from the member, may file an expedited appeal either orally or in writing to resolve the expedited appeal within 72 hours of receipt.