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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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