Which of the following is not a Marketplace eligibility decision that can be appealed

ANSWER

You can request an appeal of any marketplace decision, including decisions about:

  • Your eligibility to buy marketplace coverage
  • Your eligibility to buy marketplace coverage outside the open enrollment period through a special enrollment period
  • Your eligibility for Medicaid or CHIP (in some states)
  • Your eligibility for, or the amount of, premium tax credits or cost-sharing reductions, including the length of time the marketplace takes to make a determination
  • The date your marketplace coverage started (45 C.F.R. § 155.500 et seq.)

After you have applied for coverage in the marketplace, you will get an eligibility notice that explains what you qualify for. If you don’t agree with that notice, you can file an appeal. The notice will explain the process you should follow if you want to appeal. For example, depending on your state and eligibility determination, you may need to file with your state Medicaid or CHIP agency rather than the marketplace. Your letter will explain which process is the one for you to use.

There are two ways to file a marketplace appeal:

  • Mail or fax in an appeal request form available here. The marketplace secure fax line is 1-877-369-0130.
  • Mail the appeal request form or write a letter to:

Health Insurance Marketplace Attn: Appeals

465 Industrial Blvd. London, KY 40750-0061

To request an appeal, you’ll have to provide your name and contact information and an explanation of what you are appealing and why. You can submit documents to the marketplace that support your case. You can submit documents along with your initial appeal request or at any time during the appeal process, up until a hearing. You can also request an expedited appeal on the appeals form or in writing if there is an immediate need for health care services and a standard appeal could jeopardize your life, health or ability to function. (45 C.F.R. § 155.540).

The marketplace may offer you the option of receiving temporary benefits while your appeal is pending. You can accept the temporary benefits or waive them. If you accept temporary benefits during the appeals process and then lose your appeal, you might have to pay back any subsidies you were ultimately determined to be ineligible for. (45 C.F.R. § 155.525).

After you file an appeal, you will get the following from the marketplace:

  • A letter that states that your appeal was received
  • A letter asking for more information or documentation if needed
  • A Decision, which the marketplace must mail to you within 90 days of receiving your appeal request.

The marketplace will review your completed appeal once it is submitted. Then the marketplace will let you know its decision. If you still disagree with the decision, you can request a hearing. While you are waiting for the hearing to take place, the marketplace may contact you to try to resolve the dispute informally. (45 C.F.R. § 155.535).

If you need help with your appeal:

  • You can get help from an interpreter by calling 1-800-318-2596.
  • You may want to ask a navigator for help requesting an appeal. Visit https://localhelp.healthcare.gov/ to find help in your area.
  • You can also appoint an authorized representative to help you. Visit https://www.healthcare.gov/marketplace-appeals/getting-help/ to learn how.

Are you unhappy with a health insurance decision that has been made for you in the Marketplace? If so, you may appeal the unfavorable decision. You must file the appeal within 90 days after receiving the notice from the Marketplace. Appeals can concern decisions related to:

• Eligibility to buy a Marketplace plan
• Enrolling in a Marketplace plan outside of open enrollment
• Eligibility for an advanced premium tax credit
• Eligibility for cost-sharing reductions
• Eligibility for Medicaid or the Children’s Health Insurance Program (CHIP)
• Eligibility for exemption from the requirement to have health insurance

An appeal can be filed by visiting this site.  Download and complete an appeal request form. Mail the completed form, with supporting documentation, to the address listed on the form.

You can also write a letter explaining why you think the Marketplace decision was wrong. Always include supporting documentation. Mail the letter to the Health Insurance Marketplace, Attention Appeals, 465 Industrial Blvd., London KY 40750-0061. An appeal can also be faxed to 1-877-369-0129. Once your appeal is filed, the Marketplace Appeals Center may request more information or documentation from you.

It is important to keep proof of when your appeal was mailed and delivered. If using the U.S. postal service, send your appeal via certified or registered mail with delivery confirmation. If faxing your appeal, remember to keep the fax confirmation. This proof will support the timeliness of your appeal.

If your health situation is urgent, you may request an expedited appeal on the appeal form. Explain why the time for a standard appeal would jeopardize your life, health, or your ability to attain, maintain, or regain maximum function.

You may obtain help to complete the forms. A trusted friend, family member or other person can act as your authorized representative to assist with the appeal. Complete and mail the form “Appoint an authorized representative for my appeal,” available here. The form can also be requested by calling the Marketplace Appeals Center at 1-855-231-1751. Interpreter services also are available at no cost to persons with limited English proficiency by calling the Marketplace Call Center at 1-800-318-2596.

You will receive notice of the informal resolution through the mail. If you agree, the matter shall be considered resolved. If you disagree or are not satisfied with the informal resolution, you may request a formal telephone hearing. A final decision will be sent to you within 90 days from when the appeal was received by the Marketplace Appeals Center.

To find help navigating the Marketplace, go to healthcare.gov and click on “Find local help.”

This article was written by Dennis Dobos and appeared in The Alert: Volume 32, Issue 1. Click here to read a full PDF of this issue!