What is a grievance?
A grievance is a type of complaint you can make for
situations that don't involve coverage or payment for your prescription(s),
such as the pharmacy placed you on hold too long or the pharmacy staff was not
friendly. You can also file a grievance if your plan disenrolls
you without your request. A grievance may also include that your plan
refused to expedite a coverage determination or redetermination.
Grievances may include complaints regarding the timeliness, appropriateness,
access to, and/or setting of a provided item.
Informal Grievance : This is a complaint made by
phone. We encourage you to call us when you have a complaint. This
way, we can attempt to resolve your concern quickly and we feel that speaking
with you directly can help us to better understand your concern. To submit
an informal grievance by phone, call 1-877-545-7384; TTY:
1-800-349-3538. To submit an informal grievance in person, visit us at Spectrum
Care Plus/Member Services, 2720 North Tenaya Way, Las Vegas, NV 89128.
Hours of operation are 8 a.m. - 8 p.m., 5 days a week
Formal Grievance : This is a complaint made
in writing. It can also be considered a formal grievance if it is received
verbally and is a quality of care complaint (determined by Spectrum Care Plus).
To submit a formal grievance by fax, fax 702-242-7655; from 8 a.m. - 8
p.m., 5 days a week. To submit a formal grievance in writing, mail to Spectrum
Care Plus/Government Programs, Grievance Request, P.O. Box 15645, Las Vegas, NV
89114-5645. Please include any information or documents that may support
your request. We will send you an acknowledgement letter to let you know
we received it. We will reply to your written grievance/complaint in
writing within 30 calendar days. The grievance must be submitted within 60
days of the event or incident. We must address your grievance as quickly
as your case requires based on your health status, but no later than 30 days
after receiving your complaint. We may extend the time frame by up to 14
days if you ask for the extension, or if we justify a need for additional
information and the delay is in your best interest.
Fast/Expedited Grievance: In certain cases,
you have the right to ask for a "fast grievance," meaning we will answer your
grievance within 24 hours. You have the right to file a fast grievance if
you disagree with our decision to deny your request for a fast review of your
initial determination request or redetermination request. If you ask for a
fast decision without support from a doctor, we will decide if your health
requires a fast decision. If we decide that your medical condition does
not meet the requirements for a fast decision, we will send you a letter
informing you that if you get a doctor's support for a fast review, we will
automatically give you a fast decision.
Initial Determinations - The initial
determination we make is the starting point for dealing with requests you may
have about covering a Part D drug, or paying for a Part D drug you already
received. Initial decisions about Part D drugs are called "coverage
determinations." With this decision, we explain whether we will provide
the Part D drug you are requesting, or pay for the Part D drug you already
received. For a standard initial determination, we must give you
our decision no later than 72 hours after we receive your request, but we will
make it sooner if your request is for a Part D drug that you have not received
yet or your health condition requires us to. For a fast initial
determination about a Part D drug that you have not yet received, we will give
you our decision within 24 hours after you or your doctor ask for a fast
review. We will give you the decision sooner if your health condition
requires us to. If your request involves a request for an exception, we
will give you our decision no later than 24 hours after we have received your
physician's "supporting statement," which explains why the drug you are asking
for is medically necessary. If we decide you are eligible for a fast
review and you have not received an answer from us within 24 hours after
receiving your request (or your physician's supporting statement if your request
involves an exception), your request will automatically go to Appeal Level
2. If an initial determination does not give you all that you requested,
you have the right to appeal the decision.
What is an
appeal? An appeal is a request to reconsider a decision
that was not in your favor (in whole or in part). You may ask us to review
our initial determination, even if only part of our decision is not what you
requested. An appeal to the Plan about a Part D drug is also called a Plan
"redetermination." When we receive your request to review the initial
determination, we give the request to people at our organization who were not
involved in making the initial determination. This helps ensure that we
will give your request a fresh look. The Appeals process relates to the
reconsideration of decisions regarding coverage or payment of a drug, such as
you were denied coverage or payment for a drug that you believe should be
covered or paid. Appeals include redeterminations by the plan,
reconsiderations by the independent review entity (IRE), Administrative Law
Judge (ALJ) hearings, reviews by Medicare Appeals Council (MAC) and judicial
reviews.
How soon must we decide on your appeal?
For a standard appeal about a Part D drug that includes a
request to pay you back for a Part D drug you have already paid for and
received, we will give you our decision within seven calendar days of receiving
the appeal request. We will give you the decision sooner if you have not
received the drug yet and your health condition requires us to. If we do
not give you our decision within seven calendar days, your request will
automatically go to Appeal Level 2.
To submit a standard appeal in writing, mail to Spectrum
Care Plus/Government Programs, P.O. Box 15645, Las Vegas, NV
89114-5645.
Expedited or fast appeal: This is an appeal that is
handled more quickly than the regular or standard appeal. It is handled
more quickly because it is determined to be time sensitive. That is, it
involves a situation where waiting for a standard decision could seriously
jeopardize your life or health, or your ability to regain maximum
function. You can ask for a fast decision only if you or your doctor
believe that waiting for a standard decision could seriously harm your health or
ability to function. (Fast decisions apply only to requests for Part D drugs
that you have not received yet. You cannot get a fast decision if you are
requesting payment for a Part D drug that you already
received.)
For a fast appeal about a Part D drug that you have not yet
received, we will give you our decision within 72 hours after we receive the
appeal request. We will give you the decisions sooner if your health
condition requires us to. If we do not give you our decision within 72
hours, your request will automatically go to Appeal Level 2.
To submit a fast appeal by phone, call 1-877-545-7384; TTY:
1-800-349-3538. To submit by fax, fax to 702-242-7655. To submit a
fast appeal in person, visit us at Spectrum Care Plus/Member Services, 2720
North Tenaya Way, Las Vegas, NV 89128. Hours of operation are 8 a.m. - 8
p.m., 5 days a week.
Additional important information about Appeals and Grievance Rights can be
found by clicking on the button to your left.
You can also review your Evidence of Coverage for appeals and grievance
information. To access your Evidence of Coverage from this Web
site, click here . Appeals and
grievance information is listed under Chapter 9 of the Evidence of
Coverage. For information on how to obtain an aggregate number of appeals,
grievances, and exceptions filed with the plan, please contact Member
Services.
If you have any questions or would like to inquire about the status of an
appeal, you or your provider may call Spectrum Care Plus at 1-877-545-7384; TTY:
1-800-349-3538. Hours of operation are 8 a.m. - 8 p.m., 5 days a week.
CMS Approval Date: 11/2009
H2931_016_21NVHPN09654
Last update: 11/09