When to File or Not File an Appeal
When to File an Appeal
To appeal a claim, the claim must be denied (FISS status/location D B9997) or partially denied (P B9997). Generally, rejected claims (R B9997) cannot be appealed. However, there are limited exceptions, such as a claim rejected for an untimely hospice notice of election (NOE). Follow the steps below to determine if a rejected claim can be appealed.
Examples of denied claims/services that can be appealed:
- Items or services were not covered or ordered; or
- The physician was not eligible to order/refer, or of a specialty type that was eligible to order or refer the items and services covered by Medicare (home health only) (Note: CGS utilizes the Reopening process for this type of denial.);
- Items or services were not reasonable and necessary;
- Services were not intermittent (home health only);
- Services constituted custodial care;
- The patient was not homebound (home health only); or
- If the party disputes the liability of the denied or noncovered items or services
When Not to File an Appeal
- Duplicate appeal/redetermination request. CGS has 60 days (allow additional days for mail factor for redetermination letters) to process an appeal/redetermination request.
- When no initial determination has been made. The Provider Remittance Advice must have a MA01 remarks code indicating that you do not agree with what we approved for these services, you may appeal our decision. To make sure that we are fair to you, we require another individual that did not process your initial claim to conduct the appeal. However, in order to be eligible for an appeal, you must write to us within 120 days of the date you received this notice, unless you have a good reason for being late.
- Do not submit a new or corrected claim if you have a pending appeal/redetermination on file. Wait until you have received notice the appeal/redetermination is processed.
- Claim has no appeal rights
- Return/Reject claims have no appeal rights, providers must correct claim error and submit new claim
- Second Level Reconsideration request should be sent to the Qualified Independent Contractor (QIC)
- Third Level Appeal should be sent to the Administrative Law Judge (ALJ)
- Fourth Level Appeal should be sent to the Appeals Council Review
- Fifth Level Appeal should be sent to the Judicial Review in US District Court