XXXXX Petitioner File No. 115016-001 v. Issued and entered this 28 th day of April 2011 by R. Kevin Clinton Commissioner ORDER



Similar documents
XXXXX Petitioner File No v. Issued and entered this 30 th day of December 2008 by Ken Ross Commissioner ORDER I PROCEDURAL BACKGROUND

v File No Aetna Life Insurance Company Respondent Issued and entered this 5 th day of December 2011 by R. Kevin Clinton Commissioner

Issued and entered this 20 th day of December 2010 by Ken Ross Commissioner ORDER I PROCEDURAL BACKGROUND

XXXXX Petitioner v File No Issued and entered this 27 TH day of October 2011 by R. Kevin Clinton Commissioner ORDER

Issued and entered this 19 th day of July 2011 by R. Kevin Clinton Commissioner ORDER

STATE OF MICHIGAN DEPARTMENT OF ENERGY, LABOR & ECONOMIC GROWTH OFFICE OF FINANCIAL AND INSURANCE REGULATION

Issued and entered this 14 th day of October 2008 by Ken Ross Commissioner ORDER I PROCEDURAL BACKGROUND

Petitioner v File No Blue Cross Blue Shield of Michigan Respondent

Issued and entered this _6th_ day of October 2010 by Ken Ross Commissioner ORDER I PROCEDURAL BACKGROUND

STATE OF MICHIGAN DEPARTMENT OF LABOR & ECONOMIC GROWTH OFFICE OF FINANCIAL AND INSURANCE SERVICES

XXXXX Petitioner File No v Humana Insurance Company Respondent /

STATE OF MICHIGAN DEPARTMENT OF LABOR & ECONOMIC GROWTH OFFICE OF FINANCIAL AND INSURANCE SERVICES

Issued and entered This 21 st day of April 2008 by Ken Ross Commissioner ORDER I PROCEDURAL BACKGROUND

XXXXX Petitioner File No v. Issued and entered this _12th_ day of October 2010 by Ken Ross Commissioner ORDER I PROCEDURAL BACKGROUND

STATE OF MICHIGAN DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES Before the Director of Insurance and Financial Services

Issued and entered this day of June 2010 by Ken Ross Commissioner ORDER I BACKGROUND

STATE OF MICHIGAN DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES Before the Director of Insurance and Financial Services

XXXXX File No Petitioner v. Issued and entered this 1st day of July 2010 by Ken Ross Commissioner ORDER I PROCEDURAL BACKGROUND

Issued and entered This 26 th day of February 2008 by Ken Ross Commissioner ORDER I PROCEDURAL BACKGROUND

this 7^ day of September 2014 by Randall S. Gregg Special Deputy Director

I. PROCEDURAL BACKGROUND

XXXXX Petitioner File No v. Issued and entered this 5 th day of January 2011 by Ken Ross Commissioner ORDER I PROCEDURAL BACKGROUND

, a registered nurse and the authorized representative of (Petitioner), filed a request with the Director ofinsurance and Financial

STATE OF MICHIGAN DEPARTMENT OF ENERGY, LABOR & ECONOMIC GROWTH OFFICE OF FINANCIAL AND INSURANCE REGULATION

Issued and entered this 23 rd day of December 2009 by Ken Ross Commissioner ORDER I PROCEDURAL BACKGROUND

Issued and entered this 8 th day of September 2009 by Ken Ross Commissioner ORDER I PROCEDURAL BACKGROUND

this /ffi1* day of March 2016 by Randall S. Gregg Special Deputy Director

XXXXX File No Petitioner v. Issued and entered this 28 th day of June 2010 by Ken Ross Commissioner ORDER I PROCEDURAL BACKGROUND

this^j?day of March 2015 by Joseph Garcia Special Deputy Director

Issued and entered this 30 th day of September 2008 by Ken Ross Commissioner ORDER I PROCEDURAL BACKGROUND

this j?hay of July 2015 by Joseph A. Garcia Special Deputy Director

RULES OF THE ALABAMA BOARD OF MEDICAL EXAMINERS

Medical and Rx Claims Procedures

STATE OF MICHIGAN DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES Before the Director oflnsurance and Financial Services In the matter of:

A Consumer s Guide to Appealing Health Insurance Denials

A Consumer s Guide to Appealing Health Insurance Denials

UNIFORM HEALTH CARRIER EXTERNAL REVIEW MODEL ACT

STATE OF MICHIGAN DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES BUREAU OF HEARINGS

LEGISLATURE OF THE STATE OF IDAHO Sixtieth Legislature First Regular Session 2009 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO.

005. Independent Review Organization External Review Annual Report Form

Consumer s Guide to Health Insurance Grievances and Complaints

ALABAMA BOARD OF MEDICAL EXAMINERS ADMINISTRATIVE CODE CHAPTER 540-X-8 ADVANCED PRACTICE NURSES: COLLABORATIVE PRACTICE TABLE OF CONTENTS

EXTERNAL REVIEW CONSUMER GUIDE

Your Health Care Benefit Program. BlueAdvantage Entrepreneur Participating Provider Option

A Consumer s Guide to Internal Appeals and External Reviews

United Healthcare Appeal Notification. For Medical Appeals: Section 6: Questions and Appeals

Health Care Insurer Appeals Process Information Packet

Aetna Life Insurance Company

IN THE MATTER OF: Docket No TRN Case No DECISION AND ORDER

Medicare Supplement Insurance Approved Policies 2011

"HAWAII ADMINISTRATIVE RULES TITLE 11 DEPARTMENT OF HEALTH CHAPTER 160 MEDICAL USE OF MARIJUANA. Debilitating Medical Conditions

Guide to the Summary and Benefits of Coverage

KENT COUNTY HEALTH DEPARTMENT PROCEDURES FOR ADMINISTRATIVE APPEAL HEARING

IN THE MATTER OF: Docket No SAS Case No. DECISION AND ORDER

Docket No QHP Case No. DECISION AND ORDER

Guide to Appeals. 30 Winter Street, Suite 1004, Boston, MA Phone Fax

ALABAMA BOARD OF NURSING ADMINISTRATIVE CODE CHAPTER 610-X-5 ADVANCED PRACTICE NURSING COLLABORATIVE PRACTICE TABLE OF CONTENTS

OREGON JUDICIAL DEPARTMENT Appellate Court Records Section,

Exceptions to the Rule: A Pharmacy Law Presentation. Objectives DISCLAIMER 10/16/2015

Aetna Life Insurance Company Hartford, Connecticut 06156

November 21, New Michigan Supreme Court Decision Concerning Appraisal Awards

MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT RESOURCE GUIDE

A Bill Regular Session, 2015 SENATE BILL 318

Introduction (916) (800)

Outline of Coverage. Medicare Supplement

CHAPTER 42A HEARINGS AND APPEALS. Act shall mean the Casino Control Act, N.J.S.A. 5:12-1 et seq.

IN THE MATTER OF: Docket No QHP Case No. DECISION AND ORDER

The Appeals Process For Medical Billing

S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * *

IC Chapter 11. Foreign Limited Liability Companies

CHAPTER 14 DIRECTOR, DIVISION OF HEALTH SERVICE REGULATION SUBCHAPTER 14A RULEMAKING SECTION RULEMAKING

HEALTH INSURANCE APPEALS

The Pennsylvania Insurance Department s. Your Guide to filing HEALTH INSURANCE APPEALS

Outline of Coverage. Medicare Supplement

NC General Statutes - Chapter 108A Article 4 1

Muskegon Community College Public Summary of FOIA Procedures and Guidelines

Chapter 91. Regulation 68 Patient Rights under Health Insurance Coverage in Louisiana

Fax

STATE OF MICHIGAN MICHIGAN ADMINISTRATIVE HEARING SYSTEM ADMINISTRATIVE HEARINGS FOR THE DEPARTMENT OF HUMAN SERVICES

Case 3:12-cv HZ Document 32 Filed 03/08/13 Page 1 of 8 Page ID#: 144

Health care insurer appeals process information packet Aetna Life Insurance Company

105 CMR : STATE SANITARY CODE CHAPTER I : GENERAL ADMINISTRATIVE PROCEDURES

IN THE SUPREME COURT OF THE STATE OF CALIFORNIA

EXHIBIT COORDINATING PROVISIONS-STATE/FEDERAL LAW, ACCREDITATION STANDARDS AND GEOGRAPHIC EXCEPTIONS MARYLAND

Wisconsin Health Insurance Law Changes

TIMEFRAME STANDARDS FOR UTILIZATION MANAGEMENT (UM) INITIAL DECISIONS

STATE OF MICHIGAN MICHIGAN ADMINISTRATIVE HEARING SYSTEM ADMINISTRATIVE HEARINGS FOR THE DEPARTMENT OF HUMAN SERVICES HEARING DECISION

DUPREE v AUTO-OWNERS INSURANCE CO

AETNA LIFE INSURANCE COMPANY PO Box 1188, Brentwood, TN (800)

MODEL RECIPIENT RIGHTS POLICY AND PROCEDURES Authority: P.A.368 of 1978, as amended INTRODUCTION

P.L.2015, CHAPTER 179, approved January 11, 2016 Senate, No (First Reprint)

STATE OF MICHIGAN DEPARTMENT OF LABOR AND ECONOMIC GROWTH OFFICE OF FINANCIAL AND INSURANCE SERVICES

Neal Rouzier responds to the JAMA article on Men and Testosterone

RULES OF DEPARTMENT OF COMMUNITY HEALTH HEALTHCARE FACILITY REGULATION

The New Health Law California Issue Briefs

Private Review Agent Application for Certification

Accountability Report Card Summary 2013 Massachusetts

Blackman Charter Township Public Summary of FOIA Procedures and Guidelines

How To Appeal An Adverse Benefit Determination In Aetna

Transcription:

STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS OFFICE OF FINANCIAL AND INSURANCE REGULATION Before the Commissioner of Financial and Insurance Regulation In the matter of XXXXX Petitioner File No. 115016-001 v Physicians Health Plan of Mid-Michigan Respondent / Issued and entered this 28 th day of April 2011 by R. Kevin Clinton Commissioner ORDER I PROCEDURAL BACKGROUND On August 13, 2010, XXXXX (Petitioner) filed a request for external review with the Commissioner of Financial and Insurance Regulation under the Patient s Right to Independent Review Act, MCL 550.1901 et seq. The Commissioner notified Physicians Health Plan of Mid-Michigan (PHP) of the external review and requested information used in making its adverse determination. The information was received from PHP on August 18, 2010. The Commissioner reviewed the information received from both parties and accepted the request on August 20, 2010, The case involves medical issues. Pursuant to MCL 550.1911(6), the Commissioner assigned the matter to an independent review organization, which submitted its analysis to the Commissioner on September 20, 2010.

Page 2 II FACTUAL BACKGROUND The Petitioner is a member of PHP, a health maintenance organization. Her benefits are defined in the PHP Select Plus HMO certificate of coverage (the certificate) and its outpatient prescription drug rider (the rider). The Petitioner experienced a variety of menopausal symptoms and her physician prescribed hormone replacement therapy (HRT): naturally compounded estradiol, progesterone, and testosterone. When the Petitioner requested coverage for the naturally compounded HRT, PHP denied the request. The Petitioner appealed the denial and after exhausting PHP s internal grievance process, received a final adverse determination dated June 30, 2010. III ISSUE Did PHP properly deny coverage for the naturally compounded HRT? Petitioner s Argument IV ANALYSIS In her request for external review the Petitioner disclosed: PHP denied my request for coverage of the naturally compounded HRT. I have tried the alternatives on the Prescription Drug List. While they have been somewhat effective there have been negative side effects. I am asking PHP to reinstate coverage for naturally compounded HRT even though it may mean a higher co-payment for me. The Petitioner wants PHP to provide coverage for the naturally compounded HRT because she has responded well to this treatment. Respondent s Argument In its June 30, 2010 final adverse determination, PHP denied coverage for the naturally compounded HRT saying, in part: Coverage for Estradiol compound and Progesterone compound was

Page 3 originally denied because there are drugs available on the Prescription Drug List. Coverage for Testosterone compounds was originally denied because it is considered unproven and therefore specifically excluded. This decision is based on the following sections of your Certificate of Coverage.... Outpatient Prescription Drug Rider, Section 2: What s Not Covered Exclusions, #5 & #13 PHP believes that its benefit determination was appropriate in the Petitioner s case. Commissioner s Review PHP says that the naturally compounded estradiol and progesterone are not covered because there are other suitable drug products on its formulary. PHP also said that it considers the testosterone compound to be an unproven medication for females. PHP relies on two exclusions in the rider (pp. 9-10) as the basis for its denial of coverage for the naturally compounded HRT: Exclusions from coverage listed in the Certificate apply also to this Rider. In addition, the following exclusions apply: 5. Experimental, Investigational or Unproven Services and medications; medications used for experimental indications and/or dosage regimens determined by us to be experimental, investigational or unproven.... 13. Prescription Drug Products, including New Prescription Drug Products or new dosage forms that are determined to not be a Covered Health Service. The issue in this appeal then is whether the requested estradiol and progesterone compounds are medically necessary for treatment of the Petitioner's condition and whether the requested testosterone compound is a proven treatment of her condition. The issue was presented to an independent review organization (IRO) for a recommendation. The IRO reviewer is a physician who is board certified in obstetrics and gynecology and has been in practice for more than 15 years. The IRO reviewer s report includes the following: The MAXIMUS physician consultant noted that the [Petitioner] reported

Page 4 improvement in her menopausal symptoms with bioidentical hormones. The MAXIMUS physician consultant also noted that bioidentical hormones can be used in the treatment of menopausal symptoms. However, the MAXIMUS physician consultant explained that bioidentical hormones have not been shown to be superior to traditional hormone replacement therapy in the treatment of menopausal symptoms. The MAXIMUS physician consultant noted that [PHP s] approved prescription list includes traditional hormone replacement therapy. The MAXIMUS physician consultant explained that the effectiveness and long term safety of Testosterone for treatment of menopausal symptoms remains unproven. The MAXIMUS physician consultant also explained that Testosterone is investigational for use in women. Pursuant to the information set forth above and available documentation, the MAXIMUS physician consultant determined that the requested Estradiol and Progesterone compounds are not medically necessary for treatment of the [Petitioner s] condition and the requested Testosterone compound is unproven for treatment of her condition. [Citation omitted] The Commissioner is not required in all instances to accept the IRO s recommendation. However, the IRO recommendation is afforded deference by the Commissioner; in a decision to uphold or reverse an adverse determination the Commissioner must cite the principal reason or reasons why the Commissioner did not follow the assigned independent review organization s recommendation MCL 550.1911(16)(b). The IRO s analysis is based on expertise and professional judgment and the Commissioner can discern no reason why that judgment should be rejected in the present case. The Commissioner accepts the conclusion of the IRO and finds that naturally compounded estradiol and progesterone are not medically necessary and the testosterone compound is unproven for treatment of Petitioner s condition. V ORDER The Commissioner upholds PHP s June 30, 2010, final adverse determination. PHP is not required to cover the naturally compounded hormonal replacement therapy. This is a final decision of an administrative agency. Under MCL 550.1915, any person aggrieved by this Order may seek judicial review no later than sixty days from the date of this

Page 5 Order in the circuit court for the county where the covered person resides or in the circuit court of Ingham County. A copy of the petition for judicial review should be sent to the Commissioner of the Office of Financial and Insurance Regulation, Health Plans Division, Post Office Box 30220, Lansing, MI 48909-7720. R. Kevin Clinton Commissioner