Michigan Law

Patient’s Right to Independent Review Act and ABA Denials

The act, Public Act 251 of 2000, applies to ABA denials by health carriers.

Have Your Plan Reviewed

The details

What the act provides

Notice

A carrier must give written notice of internal grievance and external review rights when it sends an adverse determination, and describe them in the policy or certificate.

When to file

After the internal grievance is exhausted, a request is filed with the director within 120 days of receiving the final decision notice. DIFS’s page says 127 days.

Expedited review

Within 10 days of an adverse determination where delay would seriously jeopardize life, health or function.

Outcome

An independent review organization recommends, the director decides, and the decision is the final administrative remedy with judicial review within 60 days.

Back to the ABA guide.

Questions We Get

Patient’s Right to Independent Review Act and ABA Denials: short answers

Does it apply to self-funded plans?

It applies to health carriers, so self-funded plans follow ERISA claims procedures.

Is a late response a denial?

The act treats failure to respond in a timely manner as an adverse determination.

Where do I file?

With DIFS.

Patient’s Right to Independent Review Act and ABA Denials: not legal advice. Send us your renewal.

Let’s Get to Work

Send us your renewal.

We’ll tell you whether it looks competitive, where we see opportunity, and the five questions we’d put to your carrier. No cost, and no obligation to move anything.

What to send

The renewal letter
Your current plan summary
Contribution split by tier
Enrolled counts by tier

Four documents — two more if your group is 50 or more. Nothing else; every extra one is a reason to postpone.

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