A Consumer Guide to Handling Disputes with Your Private or Employer Health Plan
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West Virginia General Information and Internal Plan Review: West Virginia provides that a managed care plan may apply for exemption from the state external review process if it already has an external review plan in place and the external review plan has been reviewed during the certification process for the health maintenance organization. The details of applying for external review with those individual plans are governed by the HMO documents, but they approximate the statutory requirements discussed here.
The External Review Process: Whom to contact: | West Virginia Insurance Commissioner and the managed care plan | Who can appeal: | You | What you can appeal | Managed care plan’s decision to deny, modify, reduce, or terminate coverage or payment for a health care service. External reviews relate only to questions of whether a health care service is medically necessary or whether a health care service is experimental, and the decision must involve services totaling $1,000 or more. | When you can appeal: | After exhausting your managed care plan’s internal grievance procedure, within 60 days of receiving an unfavorable decision by the managed care plan, or 60 days after the managed care plan has exceeded the time periods for grievances without reaching a decision. | What to send: | Request for external review form and release of medical records | What you must pay: | No charge | What will happen: | The Insurance Commissioner will notify the enrollee and the health maintenance organization of the internal review procedure within 7 days, after which the health maintenance organization and the enrollee must forward to the assigned external review organization all relevant documents and information in their possession. | When you will get a decision: | Decisions are due within 45 calendar days from the date of the request for external review. In expedited procedures, the decision must be made within 7 calendar days after the request is received by the Insurance Commissioner. | In urgent situations: | For decisions where delay would place the health of the enrollee or the health of the enrollee’s unborn child in serious jeopardy, an expedited review process is provided. For an expedited procedure, the Insurance Commissioner issues a notice within 2 business days and the health maintenance organization and the enrollee must respond with information within 2 business days. An expedited review produces a decision within 7 calendar days of the date the request for review is made. |
How to Get More Information: Contact your health plan or Office of the Insurance Commissioner, Consumer Service Division, 888-879-9842, 800-435-7381 (TTY) www.wvinsurance.gov/consumer/hmo_grev.htm Information updated as of 2-28-2005 |
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