ConnectiCare Dispute Resolution for Commercial Plans
Overview
ConnectiCare provides processes for members and practitioners to dispute a determination that results in a denial of payment and/or covered services. Process, terminology, filing instructions and applicable time frames and additional and/or external review rights vary based on the type of plan in which the member is enrolled. The processes in this section apply to commercial and Medicare plans.
We do not discriminate against practitioners or members or attempt to terminate a practitioner's agreement or disenroll a member, for filing a request for dispute resolution.
We have interpreter services available to assist members with language and hearing/vision impairments.
Payments for Services in Dispute
ConnectiCare network practitioners may not seek payment from members for either covered services or services determined by ConnectiCare’s Care Management program not to be medically necessary unless the member agrees, in writing and in advance of the service, to such payment as a private patient and the written agreement is placed in the member's medical record. Any practitioner attempting to collect such payment from the member in the absence of such a written agreement does so in breach of the contractual provisions with ConnectiCare. Such breach may be grounds for termination of the practitioner's contract.
Key Terminology
The following descriptions provide a general overview of the terminology used with commercial and Medicare plans.
Adverse Determination
A notification sent when a health care service, procedure, or treatment is denied.
Appeal
A request to review any aspect of an adverse claim, medical, or benefit determination.
Complaint
A request to review an administrative process, service, or quality-of-care issue that does not pertain to a determination based on claims, benefits, or medical necessity.
Grievance
A request to review any aspect of an adverse benefit or claim determination that is not based on medical necessity.
Certain disputes — whether they are appeals, complaints or grievances — may be filed as expedited or standard depending on the urgency of the patient's condition.
Certain disputes may also be filed as pre-service or post-service depending on the timing of the determination in question.
Managing Entities
ConnectiCare contracts with separate managing entities to provide care for certain types of medical conditions. In these cases, the designated managing entity will determine the applicable process for filing a dispute. Any aspect of service rendered by ConnectiCare or any entity designated to perform administrative functions on our behalf is hereafter jointly referred to as “ConnectiCare."
Initial Adverse Determinations
ConnectiCare will send a written notice on the date when a health care service, procedure, or treatment is given an adverse determination (denial) on the following grounds:
- Service does not meet or no longer meets the criteria for medical necessity, based on the information provided to us.
- Service is considered to be experimental or investigational (rare disease, clinical trial, and out-of-network services).
- Service is approved, but the amount, scope, or duration is less than requested.
- Service is not a covered benefit under the member's benefit plan.
- Service is a covered benefit under the member's benefit plan, but the member has exhausted the benefit for that service.
The written notice will be sent to the member and provider if there is member liability and will include:
- The reasons for the determination, including the clinical rationale, if any.
- Instructions on how to initiate internal appeals (standard and expedited appeals) and eligibility for external appeals.
- Notice of the availability, upon request of the member or the member's designee of the clinical review criteria relied upon to make such determination.
- A description of what additional information, if any, must be provided to, or obtained by, ConnectiCare in order for ConnectiCare to make an appeal determination.
- The description of the action to be taken.
- A statement that ConnectiCare will not retaliate or take any discriminatory action against the member if an appeal is filed.
- The process and time frame for filing/reviewing an appeal with ConnectiCare, including the member's right to file an expedited review.
- The member's right to contact the Connecticut Insurance Department at 800‑203‑3447 regarding their complaint.
The failure of ConnectiCare to make a utilization review (UR) determination within the prescribed time periods is deemed to be an adverse determination subject to appeal for Medicare only (excludes retrospective and concurrent case types). ConnectiCare must send notice of denial on the date that the utilization review's time frames expire.
Reconsideration/Peer-to-Peer
For all ConnectiCare plans in Connecticut (including plans sold through Access Health CT, the state insurance marketplace):
ConnectiCare offers participating practitioners a peer-to-peer process when an adverse medical determination has been issued. Providers may request a peer-to-peer conference within a two-week period following the date of the notice of adverse determination provided that an appeal has not been initiated. The peer-to-peer shall occur between the practitioner requesting approval of the service and the clinical peer reviewer who made the initial adverse determination. If the adverse determination is not reversed after the peer-to-peer process, providers or members may pursue the provider appeals process. Please note, the peer-to-peer process is not a prerequisite to the appeals process. Requests for peer-to-peer that are initiated more than two weeks after the initial notification of adverse determination will be processed as appeals.
For all ConnectiCare plans in Massachusetts:
ConnectiCare offers providers a reconsideration process when an adverse determination has been issued during a clinical peer review, whether such adverse determination was given during an initial or a concurrent review. That reconsideration process shall take place within one (1) working day after ConnectiCare receives the provider’s request. The reconsideration process shall involve the provider rendering the service and the clinical peer reviewer who made the initial adverse determination or, if the reviewer is not available, the reviewer’s clinical peer designee. If the adverse determination is upheld, the member, or the provider on behalf of the member, may then follow the grievance process through the formal provider appeals process. Please note, the reconsideration process is not a prerequisite to the formal internal grievance process or expedited appeal.
What happens next after the peer-to-peer process or the reconsideration process?
- ConnectiCare’s medical director will review the request and make the determination.
- If ConnectiCare upholds the initial adverse determination, providers will be notified verbally. Providers may then use the appeals process as outlined in the provider appeals process. However, members may not be billed for services denied under this process.
- For determinations that were upheld, the initial adverse determination letter to the provider serves as notification and will include: the reason for the determination and clinical rationale, if any; instructions on how to initiate an appeal of the decision; general information on external appeal rights, if applicable, including how to initiate an external appeal; notice of the availability of clinical review criteria referenced in the decision, and the name and phone number of the physician reviewer who made the decision.
Retrospective Review Requests
For retrospective review requests, ConnectiCare must make a decision and provide written notification of the determination. The decision must be made within 30 days of receipt of the necessary information.
Final Adverse Determinations
For decisions that uphold or partially uphold a determination made regarding a clinical issue for which no additional internal appeal options are available, ConnectiCare will issue a final adverse determination in writing to the member and provider.
The final adverse determination contains the following information:
- The basis and clinical rationale for the determination.
- The words "final adverse determination."
- ConnectiCare contact person and phone number.
- The member's coverage type.
- ConnectiCare's contact person or UR agent, address, and phone number.
- A summary of the appeal.
- The date the appeal was filed.
- The date the appeal process was completed.
- The health service that was denied, including the name of the facility/provider and developer/manufacturer of the health care service as available.
- A statement that the member may be eligible for external appeal and time frames for appeal.
- A standard description of external appeals process, including a clear statement in bold that the member/designee has four months from the final adverse determination to request an external appeal.
- Standard description of external appeals process attached.
- The terms "medical necessity," "experimental/investigational," "out-of-network," "clinical trial" or "rare disease treatment."
- Information on available alternative and/or external dispute resolution options.
Notice of Final Appeal Determination
ConnectiCare will notify the member or member's designee in writing of the final appeal determination within 30 calendar days for preservice and 60 calendar days for postservice from the date the appeal is received. However, written notice of final adverse determination concerning an expedited utilization review appeal shall be transmitted to the member by the compliance due date, (48 or 72 hours for commercial or 72 hours for Medicare).
Practitioner Dispute Resolution Procedures: Complaints and Grievances
View TABLE 21-1, PRACTITIONER COMPLAINT/GRIEVANCE PROCEDURES
Practitioner Complaint Process
If a practitioner is dissatisfied with an administrative process, quality of care issue and/or any aspect of service rendered by ConnectiCare that does not pertain to a benefit or claim determination, the practitioner may file a complaint on their own behalf. Examples of such dissatisfaction include:
- Long wait times on ConnectiCare's authorization phone lines.
- Difficulty accessing ConnectiCare's systems.
- Quality-of-care issues.
Once a decision is made on a practitioner's complaint, it is considered final and there are no additional internal review rights.
Complaints must be submitted in writing to ConnectiCare's Grievance and Appeals Department. A complaint should include a detailed explanation of the clinician's request and any documentation to support the practitioner's position.
ConnectiCare will acknowledge receipt of the practitioner's complaint in writing no later than 15 days after its receipt. Practitioner complaints will be reviewed, and a written response will be issued directly to the practitioner no later than 30 days after receipt.
Practitioner Grievance Process
If a practitioner is not satisfied with any aspect of a claim determination rendered by ConnectiCare (or any entity designated to perform administrative functions on our behalf) which does not pertain to a medical necessity determination, that practitioner may file a claim inquiry with ConnectiCare. If the inquiry does not resolve the issue, the practitioner may then file a grievance.
The practitioner should use the secure provider portal to submit a claim inquiry along with supporting documentation. To initiate an inquiry, sign in to connecticare.com/providers and follow these steps:
- Select the Claims tab and click Search Claims to locate your claim.
- On the Claims Detail page, click Ask a Question.
- On the Message Details page, select Claims and Payments category (and a subcategory) to file a claim inquiry
- Enter Message Content and upload Attachments (if necessary) and click Submit.
If the practitioner is not satisfied with the outcome of the inquiry, they have the option of filing a grievance via the secure provider portal. To submit a grievance, sign in to connecticare.com/providers and follow these steps:
- Click the User Profile icon and select My Messages.
- On the My Messages page, search and locate the message you submitted for the initial claim inquiry.
- Click Follow-up to create a linked message.
- On the Message Details page, select Grievances & Appeals category (and a subcategory) to file a grievance.
- Enter Message Content and upload Attachments (if necessary) and click Submit.
See the provider portal training guides and videos for step-by-step instructions on using the Message Center and Claims – Search, View, and Export.
The Grievance and Appeals Department is not involved in determining claim payment or authorizing services, but independently investigates all grievances.
Examples of reasons for filing grievances include dissatisfaction with a decision resulting from a failure to follow a plan policy or procedure, or failure to obtain prior approval for an inpatient admission. A practitioner may also file a grievance regarding how a claim was processed, including issues such as computational errors, interpretation of contract reimbursement terms, or timeliness of payment.
In addition, providers who wish to challenge the recovery of an overpayment or request a reconsideration for commercial claims denied exclusively for untimely filing may follow the grievance procedures in this sub-section.
If a claim was submitted after the time frame outlined in the Filing Limits section of Billing and Claims, ConnectiCare may deny the claim in full or in the alternative may agree to reduce payments by up to 25% of the amount that would have been paid had the claim been submitted in a timely manner. For grievances related to untimely filing, the provider must demonstrate that the late submission was an unusual occurrence and that they have a pattern of submitting claims in a timely manner. Examples of an unusual occurrence include:
- Member submitted the wrong insurance information to the provider.
- Coordination of Benefits related issues.
- Member retroactively reinstated.
The grievance should be accompanied by a copy of the notice of the standard denial or other documentation of the denial, an explanation outlining the details of the request for a review and all documentation to support a reversal of the decision.
ConnectiCare will review the grievance and a written response will be issued for grievances with a final disposition of partial overturn or upheld, no later than 30 days for Medicare and 90 days for commercial after receipt. The determination included in the response will be final.
Grievances with a favorable disposition will receive a claims remittance advice in lieu of a written response no later than 30 days for Medicare and 90 days for commercial after receipt.
Member Dispute Resolution Procedures: Complaints and Grievances for ConnectiCare Commercial and ConnectiCare of Massachusetts Plans
Member Complaint – First-Level Process
View Member Complaint – First-Level Process Tables
A member or designee may file a first-level complaint when the member is dissatisfied with any aspect of an ConnectiCare-rendered service that does not pertain to a benefit or claim determination. Examples of such dissatisfaction include:
- Dissatisfaction with treatment received from ConnectiCare, its practitioners or benefit administrators.
- Quality-of-care complaints.
- Privacy complaints regarding ConnectiCare's practices in using or disclosing protected health information.
- Alleged violation of ConnectiCare's privacy practices and/or state and federal law regarding the privacy of protected health information.
- Fraud and abuse.
Complaints should include a detailed description of the circumstances surrounding the occurrence. ConnectiCare will acknowledge receipt of the complaint and request any necessary information in writing. Complaints will be reviewed, and a response will be issued in writing according to the time frames applicable to the member's benefit plan and detailed in the table linked above.
Member Grievance – First-Level Process
View Member Grievance – First-Level Process Table
If a member or designee is not satisfied with any aspect of a benefit or claim determination rendered by ConnectiCare that does not pertain to a medical necessity, experimental determination, or investigational determination, they may file a first-level grievance.
Grievances should be accompanied by a copy of the adverse determination, an explanation outlining the details of the request for a review and all documentation to support a reversal of the decision. We will acknowledge receipt of the grievance and request any necessary information in writing. Grievances will be reviewed, and a response will be issued according to the time frames detailed in the tables linked above.
Provider and Member Clinical Appeal Processes
ConnectiCare may reverse a prior approval decision for a treatment, service, or procedure on retrospective review when all the following criteria are met:
- Relevant medical information presented to ConnectiCare or the utilization review agent upon retrospective review is materially different from the information that was presented during the prior approval.
- The information existed at the time of the prior approval review but was withheld or not made available.
- ConnectiCare or the utilization review agent was not aware of the existence of the information at the time of the prior approval review.
- Had they been aware of the information, the treatment, service, or procedure being requested would not have been authorized.
Clinical Appeal - Expedited Process
View Table 21-10, Clinical Appeal - Expedited
If a member or designee is not satisfied with a service or a determination that was rendered based on issues of medical necessity, an experimental or investigational use, a rare disease or (in certain instances) out-of-network services, an expedited appeal may be filed if we determine or the provider indicates that a delay would seriously jeopardize the member’s life, health, or ability to attain, maintain, or regain maximum function. The member or designee may request expedited review of a prior approval request or concurrent review request.
An expedited appeal may be filed:
- For continued or extended health care services, procedures, or treatments.
- For additional services for members undergoing a course of continued treatment.
- When the health care provider believes an immediate appeal is warranted.
- When ConnectiCare honors the member’s request for an expedited review.
Expedited appeals should be accompanied by a copy of the denial letter, an explanation outlining the details of the request for a review and all documentation to support a reversal of the decision. The expedited utilization review appeal may be filed in writing or by telephone.
Missing Information
If ConnectiCare required information necessary to conduct an expedited appeal, ConnectiCare shall immediately notify the member and the member's health care provider by phone or fax and to identify and request the necessary information followed by written notification.
Reviewer of Expedited Appeal Requests
The review will be conducted by a qualified ConnectiCare medical director who was neither involved in prior determinations nor the subordinate of any person involved in the initial adverse determination. A clinical peer reviewer will be available to discuss the appeal within one business day.
Denial of Expedited Appeal Process
If we deny the request for expedited review because it does not meet the criteria for an expedited appeal, we will process the request through the standard appeal review time frames and will notify the appellant of this verbally and in writing.
Failure to Render a Decision
If we do not render a decision on the appeal within the applicable timelines, the adverse determination will be reversed automatically, and the requested services or benefits will be approved.
Expedited Appeal Not Resolved to Member's Satisfaction
Expedited appeals not resolved to the satisfaction of the member or designee may be reappealed through an external appeal process.
We will review the request and respond within the time frames noted in the table linked above.
Clinical Appeal - Standard Process
Procedures for initiating a standard appeal are outlined TABLE 21-11, APPEAL - STANDARD.
If a member or designee or provider is not satisfied with a service or a determination that was rendered based on issues of medical necessity, an experimental or investigational use, a clinical trial, a rare disease, or (in certain instances) out-of-network services, an appeal may be filed. The standard Clinical Appeal may be filed in writing or by telephone.
Missing Information
If we require information necessary to conduct a standard internal appeal, we will notify the member and the member's health care provider, in writing, within 15 calendar days of receipt of the appeal (as noted in the tables linked above), to identify and request the necessary information. If only a portion of such necessary information is received, we shall request the missing information, in writing, within five business days of receipt of the partial information.
Reviewer of Standard Appeal Requests
The review will be conducted by a qualified ConnectiCare medical director who was neither involved in prior determinations nor the subordinate of any person involved in the initial adverse determination. A clinical peer reviewer will be available to discuss the appeal within one business day.
Failure to Render a Decision (ConnectiCare of Massachusetts Plan only)
If we do not render a decision on the appeal within the applicable timelines, the adverse determination will be reversed automatically, and the requested services or benefits will be approved.
Standard Appeal Not Resolved to Member’s Satisfaction
Member or designee may request an External Appeal as described in this chapter.
State of Connecticut External Appeals
State of Connecticut External Appeals
A member or their authorized representative may submit a request for an external review or an expedited external review to the office of the insurance commissioner if our decision involved making a judgment as to the medical necessity, appropriateness, health care setting, level of care, or effectiveness of the health care service or treatment you requested or was related to experimental or investigational issues.
An external review or expedited external review request must be submitted in writing to the Insurance Commissioner for the State of Connecticut Insurance Department, Attn. External Review, P.O. Box 816, Hartford, CT 06142‑0816 or at 860‑297‑3900.
The external review request must be made within 120 calendar days of your receipt of this final denial letter. If you request an external review or expedited external review, the Commissioner will send a copy of such request to us. We will complete a preliminary review of the request and notify you and the Commissioner in writing whether the request is complete and eligible for such review.
The Circumstances When an External Appeal May Be Filed
- When the member has had coverage of a health care service, which would otherwise be a covered benefit under a subscriber contract or governmental health benefit program, denied on appeal, in whole or in part, on the grounds that such health care service is not medically necessary.
- ConnectiCare has rendered a final adverse determination with respect to such health care service.
An External Appeal May Also Be Filed
- When the member has had coverage of a health care service denied on the basis that such service is experimental or investigational.
- The denial has been upheld on appeal.
- The member's attending physician has certified that the member has a life-threatening or disabling condition or disease for which any of the following apply:
- Standard health services or procedures have been ineffective or would be medically inappropriate.
- There does not exist a more beneficial standard health service or procedure covered by the health care plan.
- There exists a clinical trial or rare disease treatment.
- The member's attending physician, who must be a licensed, board-certified, or board-eligible physician qualified to practice in the area of practice appropriate to treat the member's life-threatening or disabling condition or disease, must have recommended a clinical trial for which the member is eligible. Any physician certification provided under this section shall include a statement of the evidence relied upon by the physician in certifying their recommendation.
- The specific health service or procedure recommended by the attending physician would otherwise be covered under the policy except for the health care plan's determination that the health service or procedure is experimental or investigational.
External Appeal for Denial of Out-of-Network Service
The member has had coverage of the health service, which would otherwise be a covered benefit under the member's benefit plan which is denied on appeal, in whole or in part, on the grounds that such health service is out-of-network and an alternate recommended health service is available in-network, and ConnectiCare has rendered a final adverse determination with respect to an out-of-network denial or both ConnectiCare and the member have jointly agreed to waive any internal appeal; and the member's attending doctor, who shall be a licensed, board-certified or eligible physician qualified to practice in the specialty area of practice appropriate to treat the member for the health service sought, certifies that the out-of-network health service is materially different from the alternate recommended in-network service, and recommends a health care service that, based on two documents from the available medical and scientific evidence, is likely to be more clinically beneficial than the alternate recommended in-network treatment and the adverse risk of the requested health service would likely not be substantially increased over the alternate recommended in-network health service.
ConnectiCare has only one level of internal appeal.
How to File an External Clinical Appeal
The member and member's designee (including the provider in the capacity of the member's designee) may submit the same form within four months of the final adverse determination.
An external appeal must be submitted within the applicable time frame upon receipt of the final adverse determination of the first level appeal.
ConnectiCare will provide medical and treatment records and an itemization of the clinical standards used to determine medical necessity within three business days of receiving the agent's information and completed release forms. For an expedited appeal, this information will be provided within 24 hours of receipt.
For urgent medical circumstances, an expedited review may be requested which will render a decision within three days.
For standard cases, a determination will be made within 30 days from receipt of the member's request, in accordance with the commissioner's instructions. The external appeal agent shall have the opportunity to request additional information from the member, practitioner and ConnectiCare within the 30-day period, in which case the agent shall have up to five additional business days to make a determination.
The decision of the external appeal agent is final and binding on both the member and ConnectiCare.
To obtain an application or to inquire about external appeals, please contact the Connecticut Insurance Department:
Note: Practitioners appealing concurrent review determinations cannot pursue reimbursement from members other than copayments from a member for services deemed not medically necessary by the external appeal agent.
Facility Dispute Resolution Procedures
Retrospective Utilization Review Requests
View TABLE 21-12, FACILITY RETROSPECTIVE REVIEW REQUEST
If a ConnectiCare-contracted facility fails to follow prior approval and/or emergency admittance procedures, payments for such services may be denied and the facility, ConnectiCare or its managing entity may initiate a retrospective utilization review (RUR).
For Denials Based on "No Prior Approval"
If the facility fails to obtain prior approval, payment will be denied for "no prior approval." The remittance statement will include information regarding the facility's right to request a retrospective utilization review for medical necessity.
If the facility fails to request a retrospective utilization review and submit the medical record within 45 days of receipt of the remittance statement, the claim denial will be upheld, and the facility will have no further appeal rights.
Facility Clinical Appeals
View TABLE 21-13, FACILITY CLINICAL APPEAL
If an ConnectiCare-contracted facility is not satisfied with a claim determination regarding denial of payment for inpatient services based on medical necessity, the facility may file a facility clinical appeal.
ConnectiCare provides one internal level of appeal for facilities.
ConnectiCare handles all facility clinical appeals.
ConnectiCare will render a decision within 30 days of receipt of the appeal request.
- For members already discharged
If the facility provides additional information after the denial is issued and after the member is already discharged, no reconsideration review will be performed. However, the facility may exercise its right to a clinical appeal.
The appeal request must be filed within 60 days for Medicare and 180 days for commercial of the initial adverse determination or as stated in the facility contract. If the appeal request is received outside of this time frame, the original denial will be upheld and there will be no further appeal rights. Facilities are not permitted to balance bill members for such denials.
- For denials based on "No Information"
If the facility fails to provide any clinical information to establish medical necessity for an admission or procedure, the claim will be denied based on "no information" and the facility may file a clinical appeal.