With respect to any healthcare benefits insured by a company subject to the insurance laws and regulations of the state of Michigan, if you disagree with the prescription drug plan’s final decision following whatever required or voluntary levels of appeal are available, or your request for review at the first or second level has not been completed within the timeframe above, you may request an external review from the Office of General Counsel – Health Care Appeals Section, Michigan Department of Insurance and Financial Services (DIFS). Once you have exhausted the internal appeal procedures described above, you or your authorized representative have the right to request an external review from DIFS. DIFS’s decision is the final administrative remedy under Michigan’s Patient’s Right to Independent Review Act (PRIRA). This external review procedure is voluntary, and you are not required to seek to have your claim reviewed through this procedure.
Within 60 days of the date you either received a final determination on appeal, or should have received it, you or your authorized representative may send a written request for an external review to DIFS. Mail your request, including the required forms that may be obtained from the DIFS Claims Administrator, to:
Office of General Counsel
Health Care Appeals Section
Michigan Department of Insurance and Financial Services (DIFS)
P.O. Box 30220
Lansing, MI 48909-7720
(877) 999-6442
These items may be requested for consideration in the external claim review:
-
Your pertinent medical records
-
The attending healthcare professional's recommendation
-
Consulting reports from appropriate healthcare professionals and other documents submitted by the prescription drug plan, you, your authorized representative, or your treating provider
-
The terms of coverage under your prescription drug plan
-
The most appropriate practice guidelines, which may include generally accepted practice guidelines, evidence-based practice guidelines, or any other practice guidelines developed by the federal government or national or professional medical societies, boards and associations
-
Any applicable clinical review criteria developed and used by the prescription drug plan or its designee utilization review organization.
If your request is not accepted for external review because the request is not complete, DIFS shall inform you and, if applicable, your authorized representative what information or materials are needed to make the request complete. If a request is not accepted for external review, the commissioner shall provide written notice to you and, if applicable, your authorized representative, and the prescription drug plan of the reasons for its non-acceptance.
If your request for external review involves an issue of medical necessity or clinical review criteria, and is otherwise found to be appropriate for external review (a decision to be made by DIFS), DIFS will send your claim to an independent organization to conduct an external review (“IRO”), consisting of independent clinical peer reviewers. After DIFS has decided to accept your case for external review, you will have an opportunity to provide additional material to DIFS within 7 days after your request is accepted. The insurance carrier must give documents and information that it considered in making its final determination to the IRO within 7 business days after it receives notice of your request to the commissioner. The IRO will recommend, within 14 days, whether DIFS should uphold or reverse the insurance carrier’s determination of your claim. DIFS must then decide within 7 business days whether or not to accept the IRO’s recommendation and will notify you of its decision.
Not later than 5 business days after the date of receipt of a request for an external review, DIFS shall complete a preliminary review of the request to determine all of the following (MCL 550.1911(2)):
-
Whether you were a covered person in the prescription drug plan at the time the prescription was requested or, in the case of a retrospective review, were a covered person in the prescription drug plan at the time the prescription was provided.
-
Whether the prescription that is the subject of the adverse determination or final adverse determination reasonably appears to be a covered service under your prescription drug plan.
-
Whether you have exhausted the health carrier's internal grievance process unless you are not required to exhaust the health carrier's internal grievance process.
-
You have provided all the information and forms required by the commissioner that are necessary to process an external review, including the health information release form.
-
Whether the prescription that is the subject of the adverse determination or final adverse determination appears to involve issues of medical necessity or clinical review criteria.
If your request for external review does not appear to involve issues of medical necessity or clinical review criteria, and is otherwise found to be appropriate for review, DIFS’s staff may conduct the external review or DIFS may assign an independent organization (IRO) to conduct the external review. The reviewer will then recommend whether DIFS should uphold or reverse the prescription drug plan’s determination. DIFS will notify you of the decision, and that decision is your final administrative remedy.
You or your authorized representative may make a request for an expedited external review with DIFS within 10 days after you receive an adverse determination if:
-
The adverse determination involves a medical condition for which the timeframe for completion of an expedited internal grievance would seriously jeopardize your life or health, or would jeopardize your ability to regain maximum function as substantiated by a physician either orally or in writing
-
You or your authorized representative has filed a request for an expedited internal grievance
An expedited external review shall not be provided for retrospective adverse determinations or retrospective final adverse determinations.
Contact the Claims Administrator at (877) 999-6442) to find out what you are required to do to receive a review:
Office of General Counsel
Health Care Appeals Section
Michigan Department of Insurance and Financial Services (DIFS)
P.O. Box 30220
Lansing, MI 48909-7720
Immediately after receiving your request for an expedited review, the DIFS will decide if your claim is appropriate for external review and assign it to an IRO. If the IRO decides that you do not have to first complete the expedited internal review procedure, it will review your request and make its recommendation to the DIFS within 36 hours. The DIFS must then decide within 24 hours whether or not to accept the recommendation of the IRO. The DIFS’s decision is the final administrative remedy under Michigan’s Patient’s Right to an Independent Review Act (PRIRA).
An external review decision and an expedited external review decision are the final administrative remedies available under this act. A person aggrieved by an external review decision or an expedited external review decision may seek judicial review no later than 60 days from the date of the decision in the circuit court for the county where they reside or in the circuit court of Ingham County. You may also seek other remedies available under applicable federal or state law.
You or your authorized representative may not file a subsequent request for external review involving the same adverse determination or final adverse determination for which you have already received an external review decision.