www.oxfordhealth.com MS-05-1293 In-Area Welcome Letter (1.11)
Dear Oxford Member,
Welcome, and thank you for selecting Oxford Health Plans.
At Oxford, your satisfaction is important to us, and we strive to help make your healthcare experience a positive one. As an Oxford Member, you have access to a series of programs and resources to help you along your road to health:
A robust network of hospitals and providers from a local health plan with over 20 years of experience. If your employers plan offers out-of-area coverage, you also have in-network national access outside of Oxfords tri-state service area through the UnitedHealthcare Choice Plus network. Our Healthy Bonus 1 program, which consists of special offers and discounts that help you stay healthy and manage special conditions. Members can save on services such as weight loss programs, fitness equipment and publications. Our web site, www.oxfordhealth.com, which allows you to conduct business (e.g., request an ID card, update or correct any personal information, etc.) and access health information at your convenience. Healthcare guidance 24 hours a day, seven days a week, from Oxfords registered nurses through Oxford On-Call
Healthy Mind Healthy Body
magazine, your source for health information on prevention,
nutrition, and exercise, as well as important benefit and coverage information.
The following information is enclosed: your new Summary of Benefits, Certificate of Coverage and other important plan information. If you have questions about your coverage, or want to learn more about Oxford's programs and resources, please log on to www.oxfordhealth.com or call Customer Service at the number on your Oxford ID card.
Wishing you the best of health,
Oxford Health Plans
1 Healthy Bonus offers are not insured benefits and are in addition to, and separate from, your benefit coverage through Oxford Health Plans. These arrangements have been made for the benefit of Members, and do not represent an endorsement or guarantee on the part of Oxford. Offers may change from time to time and without notice and are applicable to the items referenced only. Offers are subject to the terms and conditions imposed by the vendor. Oxford Health Plans cannot assume any responsibility for the products or services provided by vendors or the failure of vendors referenced to make available discounts negotiated with Oxford; however, any failure to receive offers should be reported to Oxford Customer Service by calling the number on your Member ID card. OXFORD HEALTH INSURANCE, INC. COVERED SERVICES SUMMARY OF BENEFITS Sprout Creek Farm EXCLUSIVE PLAN METRO LIBERTY NETWORK All visits for treatment of illness and injury are Covered subject to $25 Copayment per visit. Some procedures Inpatient Hospital Visit Diabetes Education and Self- Management Diabetic Supplies Specialty Care Physician Office and Home Visits Inpatient Hospital Visit Obstetrical Services (Including prenatal and postnatal) Elective Termination of Pregnancy Physician Office and Home Visits: No Charge for Preventive Care (both child and adult) Well-woman examinations, Pap tests, and age appropriate mammograms are Covered at No Charge. Covered subject to $25 Copayment per visit require Precertification. Please see your Certificate. Covered at a Copayment of $25 for a 31-day supply of each item. Covered subject to $50 Copayment per visit. Some procedures Covered $25 Copayment per initial visit. No Charge for Physicians services. Covered subject to Deductible and 10% Coinsurance Precertification is required for the purchase of an insulin pump. require Precertification. Certificate. Some procedures require Precertification. Certificate. Primary Care Visits require a $25 Copayment Specialty Care Visits require a $50 Copayment Pediatric Preventive Dental (for children under age 12) No Charge Covered subject to Deductible and 10% Coinsurance. Please see your Please see your Covered subject to Deductible and 10% Coinsurance. Page 1 of 9 OHINY EPO SB S 112 SC36889*CSP03 Effective: January 01, 2013 NYSM_EPO_BS_11.01.12_v.1 COVERED SERVICES Treatment of Infertility (Basic and Comprehensive Services) Covered subject to $50 per visit. Allergy Testing and Treatment Short-Term Rehabilitation Services (Physical, Speech and Occupational) Outpatient Inpatient Oral Surgery Inpatient Outpatient Office Visit Advanced Services are not Covered. Covered subject to $50 Copayment per visit. Some procedures require Precertification. Please see your Certificate. Covered subject to Deductible and 10% Coinsurance. Precertification is required Covered subject to $50 Copayment per office visit. Covered subject to Deductible and 10% Coinsurance per outpatient visit. Covered subject to Deductible and 10% Coinsurance per inpatient visit. Covered subject to Deductible and 10% Coinsurance. Precertification is required Covered subject to Deductible and 10% Coinsurance per outpatient visit. Covered $50 Copayment per visit. Precertification is required. Laboratory Procedures Radiology and X-ray Examinations Diagnostic Mammography No Charge 50% Copayment to a maximum Member payment of $100 No Charge Precertification is required for PET scans, MRI, Nuclear Medicine, CAT Scans Precertification is required Page 2 of 9 OHINY EPO SB S 112 SC36889*CSP03 Effective: January 01, 2013 NYSM_EPO_BS_11.01.12_v.1 COVERED SERVICES Prosthetic Devices Durable Medical Equipment Medical Supplies Precertification is required before purchase. Related surgery is Covered subject to Deductible and 10% Coinsurance. Internal prosthetic devices are Covered at No Charge. External prosthetic devices are Covered at No Charge. Precertification is required on items that cost $500 or more. Transplants Transplants performed at Our approved facilities Home Health Care Covered subject to 10% Coinsurance. Precertification is required. Chiropractic Services Covered at $50 Copayment per visit. Second Opinions At your request: At Our request, No Charge. Covered at $50 Copayment per visit. Hospital and Other Facility Based Services Inpatient Hospital Services Covered subject to Deductible and 10% Coinsurance. Precertification is required. Transplants performed at other Network Facilities are not Covered. Covered subject to Deductible and 10% Coinsurance. Hearing Aids Precertification is required on items that cost $500 or more. Covered subject to Deductible and 10% Coinsurance. - Coverage is limited to a maximum payment by Us of $1,500. Benefits are limited to a single purchase (including repair/replacement) every 3 Years Calendar Years. Covered subject to Deductible and 10% Coinsurance. are Covered subject to Deductible and 10% Coinsurance. Precertification is required. Page 3 of 9 OHINY EPO SB S 112 SC36889*CSP03 Effective: January 01, 2013 NYSM_EPO_BS_11.01.12_v.1 COVERED SERVICES Hospice Services Alcohol and Substance Abuse Services Inpatient Outpatient Home Health Care Skilled Nursing Facility Covered subject to Deductible and 10% Coinsurance. Precertification is required. Covered subject to Deductible and 10% Coinsurance per outpatient visit. Precertification is required. Covered subject to 10% Coinsurance. Precertification is required. Covered subject to Deductible and 10% Coinsurance. (Waived if a Member is transferred from a Hospital to a Skilled Nursing Facility). Precertification is required. Outpatient Alcohol and Substance Abuse Rehabilitation Inpatient Substance Abuse Rehabilitation and Detoxification Precertification is required. Covered subject to Deductible and 10% Coinsurance. Precertification Required. Outpatient Hospital Services and Ambulatory Surgical Center Services Covered subject to Deductible and 10% Coinsurance per outpatient visit. Precertification is required. Skilled Nursing Facility Services Covered subject to Deductible and 10% Coinsurance. (Waived if a Member is transferred from a Hospital to a Skilled Nursing Facility). Precertification is required. Hospital and Other Facility Based Services (contd) Covered subject to $50 Copayment. Page 4 of 9 OHINY EPO SB S 112 SC36889*CSP03 Effective: January 01, 2013 NYSM_EPO_BS_11.01.12_v.1 COVERED SERVICES Emergency Room Services Medical Emergency and Urgent Care Services Urgent Care Facility Services Ambulance Services When proper notice is given, the services of Network and Non-Network Providers are Covered subject to $50 Copayment per visit. Covered subject to $200 Copayment per visit (Waived if a Member becomes confined in a Hospital). (Waived if a Member becomes confined in a Hospital). Covered at No Charge. Mental Health Services Outpatient Mental Health Services and Partial Hospitalization Visits Inpatient Mental Health Services Precertification is required. Covered subject to Deductible and 10% Coinsurance Precertification required Office Visits - Covered at $50 Copayment per visit. Outpatient - Covered $50 Copayment per outpatient visit. Page 5 of 9 OHINY EPO SB S 112 SC36889*CSP03 Effective: January 01, 2013 NYSM_EPO_BS_11.01.12_v.1 COVERED SERVICES Diabetic Supplies Diabetic supplies will only be supplied in amounts consistent with the Members treatment plan as developed by the Members Physician. Only basic models of blood glucose monitors are Covered unless the Member has special needs relating to poor vision or blindness. Outpatient Prescription Drugs Subject to a separate Deductible of $100 per Member per Contract Year. The Deductible is waived for Tier 1 Drugs. Tier 1: $15 per each Prescription and refill, per 31-day supply. Tier 2: $35 per each Prescription and refill, per 31-day supply. Tier 3: $75 per each Prescription and refill, per 31-day supply. Mail Order: When filled at Our Network Mail Order Pharmacy, You will be charged 2.5 Copayments for a 90-day supply. Please Note: Certain drugs require Precertification. Vision Care We will reimburse up to $50 every 12 months for a vision examination. We will reimburse up to $70 every 24 months for one set of appliances. For certain medications, We will Cover a 31-day supply with two refills through the retail pharmacy. Once it is determined that the medication is appropriate to treat your condition, you will be required to obtain the medication through Our mail order supplier. Supplemental Coverage MAXIMUMS AND LIMITATIONS Elective Termination of Pregnancy We Cover one procedure per Member, per Calendar Year. We pay a maximum benefit of $350 per procedure. Page 6 of 9 OHINY EPO SB S 112 SC36889*CSP03 Effective: January 01, 2013 NYSM_EPO_BS_11.01.12_v.1 MAXIMUMS AND LIMITATIONS (contd) Outpatient Alcoholism and Substance Abuse Rehabilitation Inpatient Alcohol and Substance Abuse Rehabilitation Detoxification Short Term Rehabilitative Therapy Services (physical, speech and occupational therapy) Inpatient Rehabilitation Outpatient Rehabilitation Durable Medical Equipment and Medical Supplies Transplants Home Health Services Exercise Facility Reimbursement Skilled Nursing Facility Services Hospice Services Bereavement Counseling for the Members family One consecutive 60-day period per condition, per lifetime 60 visits per condition, per lifetime We will pay a maximum benefit of $1,500 per Member per calendar for DME and Medical Supplies combined, Coverage is available only at Network facilities specifically approved and designated by Us to perform these procedures. Transplants performed at any other Network facility will not be Covered. 40 visits per Calendar Year We will reimburse a Subscriber $200 per six-month period. We will reimburse the Subscribers spouse $100 per six-month period. The Member must complete 50 visits within the six-month period. 200 days per Calendar Year 210 days per Calendar Year (combined inpatient and outpatient) 5 sessions either before or after the death of the Member except that Durable Medical Equipment related to Essential Benefits under the Patient Protection and Affordable Care Act are unlimited. 60 visits per Calendar Year. Up to 20 of these visits may be used by the Member's family when the Member is in active treatment. 30 days per Calendar Year 7 days per Calendar Year. Page 7 of 9 OHINY EPO SB S 112 SC36889*CSP03 Effective: January 01, 2013 NYSM_EPO_BS_11.01.12_v.1 MAXIMUMS AND LIMITATIONS (contd) Outpatient Mental Health Services Inpatient Mental Health Services Vision Care We will reimburse up to $50 every 12 months for a vision examination. We will reimburse up to $70 every 24 months for one set of appliances. Outpatient Prescription Drug Deductible of $100, per Member per Contract Year. It is applicable Tier 2 and Tier 3. 30 visits per Calendar Year. 30 days per Calendar Year. Members may choose to exchange one inpatient day for two visits of partial hospitalization DEDUCTIBLES The applicable Deductible for this Plan are: Single Deductible: Family Deductible: $2,000 per Contract Year 2.5 times the single Deductible per Contract Year. OUT-OF-POCKET MAXIMUMS Please Note: Single Out-of-Pocket Maximum: Family Out-of-Pocket Maximum: $3,000 per Contract Year 2.5 times the single Out-of-Pocket Maximum per Contract Year. paid for non-Covered Services, and any amounts paid as a penalty do not count toward the Out-of-Pocket Maximum. Coinsurance paid for any Covered Service obtained under Supplemental Coverage (excluding State mandated offers) will not be applied toward the Out-of-Pocket Maximum. Only Deductibles, and Coinsurance paid for Covered Services contribute to your Out-of-Pocket Maximum. Copayments, amounts Page 8 of 9 OHINY EPO SB S 112 SC36889*CSP03 Effective: January 01, 2013 NYSM_EPO_BS_11.01.12_v.1 EFFECTIVE DATES OF COVERAGE Initial Enrollment (During the initial Group Open Enrollment Period). Coverage is effective on the effective date of the Agreement. Newly Eligible Employee Newly Eligible Dependents Group Open Enrollment Period. IMPORTANT: (Application within 31 days of becoming eligible). Coverage is effective as of the date the employee became (Application within 31 days of becoming eligible). Coverage is effective as of the date the dependent became eligible. Coverage is effective at birth for newborns and newly born adopted children subject to the enrollment requirements as described in Coverage will be effective the renewal date of the Agreement/as specified by Group. this document is not a contract. It is only a summary of your coverage under the Exclusive Plan Metro. Please read your Certificate for a full description of your Covered Services, exclusions and other terms and conditions of coverage ELIGIBILITY LIMITS The limiting age for Dependents (as defined in the Certificate) is age 26. eligible. the Certificate. Page 9 of 9 OHINY EPO SB S 112 SC36889*CSP03 Effective: January 01, 2013 NYSM_EPO_BS_11.01.12_v.1 MS-06-664 Breast Reconstruction (5.06)
Reconstructive Breast Surgery Law
Effective October 21, 1998, health insurance carriers of group and individual commercial policies that cover mastectomies are required to cover reconstructive surgery or related services following a mastectomy in accordance with the Womens Health and Cancer Rights Act of 1998.
The Act guarantees coverage to any Member who is receiving benefits in connection with a mastectomy and who elects breast reconstruction in connection with that mastectomy. The health insurance company that issues the policy is required to provide coverage (as determined in consultation with the attending physician and the patient) for:
Individuals receiving mastectomy-related benefits, coverage will be provided in a manner determined in consultation with the attending physician and the patient for:
a. all stages of reconstruction of the breast on which the mastectomy has been performed; b. surgery and reconstruction of the other breast to produce a symmetrical appearance; c. prostheses; and d. treatment of physical complications of the mastectomy, including lymphedema.
These benefits will be provided in the same manner as other medical and surgical benefits provided under this plan.
If you would like more information about this benefit, please read the enclosed Certificate of Coverage.
Important Information NY-05-610 NY National Medical Support Notice 3.11
National Medical Support Notices
The New York State Insurance Department has issued guidance as to how health insurance policyholders and health insurance companies/ health maintenance organizations need to respond when they receive a "National Medical Support Notice" issued by the New York State Division of Child Support Enforcement. These notices require that a non-custodial parent provide health insurance for a dependent child. In some cases the non-custodial parents may not have elected coverage for themselves and may need to be enrolled in order to provide the coverage required pursuant to the National Medical Support Notice.
Any party that fails to comply with the court order becomes responsible for any healthcare costs incurred as a result of the non-compliance. Even when the non-custodial parent refuses to sign a required enrollment form, the policyholder and the insurer must take necessary steps to enroll the child even if it means enrolling the non-custodial parent against his/her will.
Thank you for your assistance in helping us to process these enrollments in compliance with the Insurance Department's directive.
MS-11-081 NY-NJ-SG-IND PRE-EX LETTER 02.11
RE: Request for Information about Preexisting Condition Exclusion
Dear Member,
This plan imposes a preexisting condition exclusion for members age 19 or older. This means that if you had a medical condition before coming onto our plan, you might have to wait a certain period of time before we will provide coverage for that condition. This exclusion applies only to conditions for which medical advice, diagnosis, care or treatment was recommended or received within the six months prior to your enrollment date, as defined in your Certificate of Coverage.
The preexisting condition exclusion does not apply to pregnancy for members who are part of an employer group. (The exclusion does apply to pregnancy for members with an individual plan.) This exclusion may last up to 12 months (180 days for members with a New Jersey Small Business plan) from your enrollment date. You can, however, reduce the length of this exclusion period by the number of days of prior health insurance or creditable coverage you may have had prior to enrolling with us. Most prior health coverage is creditable coverage and can be used to reduce the preexisting condition exclusion, if you have not experienced a break in coverage of more than 63 days. 1
To reduce the 12 month exclusion period (180 days for members with a New Jersey Small Business plan) by your creditable coverage, you should give us a copy of any certificates of creditable coverage that you have or call us at the telephone number on your Oxford member ID card for assistance with demonstrating creditable coverage.
Please send us a copy of your certificate of creditable coverage or other documentation as soon as possible. Mail it to:
Oxford P.O. Box 7085 Bridgeport, CT 06601-7085
If you have any questions regarding this notice, please call Customer Service at the telephone number on your Oxford member ID card. If you are hearing impaired and require assistance, please call our TTY/TDD line at 1-800-201-4875. Please call 1-800-303-6719 for assistance in Chinese, 1-888-201-4746 for assistance in Korean, or the telephone number on your Oxford member ID card for assistance in other languages. Customer Service Associates are available Monday through Friday, between 8:00 AM and 6:00 PM.
Sincerely,
Oxford
1 Members with a New Jersey Small Business plan cannot have a break in coverage of more than 90 days. Members with a New Jersey individual plan cannot have a break in coverage of more than 31 days.
MS-09-409 Womens Health and Federal Mandate Letter 1.11
Womens Health and Cancer Rights Act
As required by the Women's Health and Cancer Rights Act of 1998, benefits are provided for mastectomy, including reconstruction and surgery to achieve symmetry between the breasts, prostheses, and treatment of complications resulting from a mastectomy (including lymphedema). If you are receiving benefits in connection with a mastectomy, benefits are also provided for the following covered health services, as you determine appropriate with your attending physician: All stages of reconstruction of the breast on which the mastectomy was performed; Surgery and reconstruction of the other breast to produce a symmetrical appearance; and Prostheses and treatment of physical complications of the mastectomy, including lymphedema. The amount you must pay for such covered health services (including copayments, coinsurance and any annual deductible) and the benefit coverage limitations are the same as are required for any other covered health service as described in your Certificate of Coverage or Summary Plan Description. Newborns and Mothers Health Protection Act
Under federal law, group health plans and health insurance issuers offering group health insurance coverage generally may not restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a delivery by cesarean section. However, the plan or issuer may pay for a shorter stay if the attending provider (e.g., your physician, nurse midwife, or physician assistant), after consultation with the mother, discharges the mother or newborn earlier. Also, under federal law, plans and issuers may not set the level of benefits or out-of-pocket costs so that any later portion of the 48-hour (or 96-hour) stay is treated in a manner less favorable to the mother or newborn than any earlier portion of the stay. In addition, a plan or issuer may not, under federal law, require that a physician or other health care provider obtain authorization for prescribing a length of stay of up to 48 hours (or 96 hours). However, to use certain providers or facilities, or to reduce your out-of- pocket costs, you may be required to obtain precertification. For information on precertification, call the toll-free Customer Service telephone number on your Oxford member ID card. Notification of Language Assistance Program We understand that we serve an increasingly diverse membership. More than ever, we believe that it is important to accommodate language preferences, especially when it comes to our members accessing care and services to ensure that language is not an obstacle to receiving proper care. We offer language assistance services to limited English proficiency (LEP) members. Language assistance services are provided free of charge to members. If you need assistance or have any questions about these services, please call the toll-free Customer Service telephone number on the back of your Oxford member ID card. New York Handbook
OHINY MH LS 906 6632 NY OHI Small Liberty EPO Handbook 9.12
Oxford Health Insurance, Inc.
Liberty Plan Metro EPO
Member Handbook New York Handbook
OHINY MH LS 906 6632 NY OHI Small Liberty EPO Handbook 9.12 2
Table of Contents
SECTION PAGE
Welcome 3 Key Contact Information 4 How the Plan Works 5 Medical Emergencies and Urgent Care 9 Transitional Care 11 Initial Coverage Determination Timeframes 13 Appeals, Grievances and Complaints 16 ERISA Information 28 How Covered Benefits are Reimbursed 30 Notification of Federal Legislation 37 Evaluating New Medical Technology 38 Member Rights and Responsibilities 39 Information on the Web 41 Information Available Upon Request 42
New York Handbook
OHINY MH LS 906 6632 NY OHI Small Liberty EPO Handbook 9.12 3
Welcome!
Thank you for choosing Oxfords Liberty Metro Plan EPO . This Member Handbook (Handbook) has been created to assist you in accessing your Covered Services through Oxford. It will help you understand your coverage, your rights as a Member, and your responsibilities.
Your healthcare coverage allows you to obtain coverage on either an In-Network or Out-of-Network basis. Your Certificate of Coverage (Certificate) and Summary of Benefits contain information about your Plan Coverage. These documents are being provided in English. Translation of these documents by any person/organization other than Oxford (or certified translation agencies authorized by Us) is prohibited. Please contact Oxford Customer Care to find out which documents are available in other languages.
You should be familiar with the contents of this Handbook, your Certificate of Coverage and your Summary of Benefits. These documents describe your plan coverage and your Out-of-Pocket Expenses for receiving Covered Services, in detail. Throughout these documents, certain terms will be capitalized and are defined in your Certificate of Coverage.
Please feel free to contact Oxford Customer Care if you have any questions, issues or concerns. In addition, We welcome your input and suggestions on how We can improve Our service to you. You can reach a Customer Care Representative Monday through Friday, from 8 am to 6 pm at the number on your Oxford ID card, or at 1-800-444- 6222. Additional contact information, including phone numbers for assistance in other languages and for the hearing impaired is included in the Key Contact section of this Handbook. New York Handbook
OHINY MH LS 906 6632 NY OHI Small Liberty EPO Handbook 9.12 4
Key Contact Information
We want you to be able to contact Us how, when and where you want to. Our website, www.oxfordhealth.com, is available 24 hours a day, seven days a week 1 to obtain answers to your questions. If you do need to reach Us by mail or telephone 2 , its important for you to know how. The following list is intended to make your interactions with Us a little bit easier.
If you want
Call or Write When To confirm eligibility, check claims status, request materials through Interactive Voice Response with touch tone phone options OR To speak to a Customer Care representative
Oxford Express 1-800-444-6222
Oxford Customer Care 1-800-444-6222 or the number on your Oxford ID card Oxford Express 24 hours a day, 7 days a week
Oxford Customer Care Weekdays from 8 am to 6 pm To get assistance in a language other than English
Chinese - 1-800-303-6719 Korean - 1-888-201-4746 Spanish - 1-800-449-4390 Other Languages - 1-800-444-6222 or the number on your Oxford ID card
Weekdays from 8 am to 6 pm To access a phone line for the hearing impaired
TTY/TDD Hotline 1-800-201-4875 Weekdays from 8 am to 6 pm To request healthcare guidance from a registered nurse
Oxford On-Call 1-800-201-4911 24 hours a day, 7 days a week To find out about pharmacy benefits, claims, or prescriptions 3
Pharmacy Customer Care (Medco Health) 1-800-905-0201
24 hours a day, 7 days a week (except Thanksgiving and Christmas) To order certain mail order maintenance medications 4
Home Delivery Customer Care (Medco Health) 1-800-905-0201 24 hours a day, 7 days a week (except Thanksgiving and Christmas) To obtain Referrals to behavioral health Providers, or Precertification for mental health services Behavioral Health 1-800-201-6991 Weekdays from 8 am to 6 pm 1 Excludes periodic downtimes for system maintenance. 2 If you have a Medical Emergency, call 911 or seek immediate care at the nearest Emergency Room. 3 Only applicable if a pharmacy benefit has been purchased by the Group. 4 Only applicable if a mail order pharmacy benefit has been purchased by the Group.
New York Handbook
OHINY MH LEPO LS 906 5 6632 NY OHI Small Liberty EPO Handbook 9.12 In the case of an emergency, call 911 or seek immediate care at the nearest emergency room.
You can confirm that a Provider is part of Our Liberty Network by logging onto our website or by calling Us. Please see the contact information at the front of this handbook. How the Plan Works
This section is intended to educate you about how your plan works so that your experience with Oxford is a positive one.
The EPO/Liberty Network Plan
Coverage is being provided for you and your Covered Dependents (if any) under Our EPO/Liberty Network Plan. This Plan requires you to receive Covered Services from Providers within Our Liberty Network, which a subset of our larger Freedom Plan network.
Like all Providers in Our network, We carefully select Liberty Network Providers so that you receive access to consistent, quality cost-effective care. While this network is smaller than Our Freedom Network, it is equal in terms of quality. Please confirm that your Provider is part of the Liberty Network in order to receive Covered Services.
How the EPO/Liberty Network Plan Works
Obtaining Covered Services: As a Member of Our EPO/Liberty Network Plan, you may receive Covered Primary, Preventive or Specialty Care from Liberty Network Providers without a Referral.
Some Covered Services require Precertification. Your Summary of Benefits shows which services must be Precertified. Your Liberty Network Provider is responsible for obtaining all Precertifications.
Network Exceptions: If your Liberty Network Provider cannot perform or deliver the Covered Services you need, you may receive Medically Necessary services from a non-Liberty Network Provider (including a Freedom Network Provider). First you must contact Us and Precertify the use of the non-Liberty Network Provider. Before Precertifying the use of a non-Liberty Network Provider, We may recommend another Liberty Network Provider who is able to render the services you need. However, if We agree that it is necessary for you to use a non-Liberty Network Provider (and Precertify the services), there will be no additional cost to you beyond your required Copayment.
Additionally, Precertification requests for admissions to Non-Liberty Network facilities (e.g., hospitals, rehabilitation centers) will not be approved unless We agree that Our Liberty Network is unable to meet your specific medical needs, as defined in the Certificate. While you and your Liberty Network Provider may discuss having a procedure performed at a specific Non-Liberty Network facility, coverage is only available if We agree that the procedure cannot be safely performed at any Liberty Network facility.
Experimental and Investigational Services: Coverage for Experimental and Investigational treatments and procedures, as defined in your Certificate, is specifically excluded under your Certificate with Oxford. However, Oxford will cover Experimental and Investigational treatment in certain limited circumstances. New York Handbook
OHINY MH LEPO LS 906 6632 NY OHI Small Liberty EPO Handbook 9.12 6
Please refer your Summary of Benefits for the specific Deductibles and Coinsurance that apply to your plan. The criteria for coverage of Experimental and Investigational treatment is contained in Oxford's Experimental and Investigational policy, which is available to Members upon request. The criteria for coverage of Experimental and Investigational treatment that is being offered in a clinical trial is contained in Oxford's Clinical Trial policy, is also available upon request.
What You Need to Know About Precertification
Certain Covered Services require Precertification. When you receive services from Liberty Network Providers, obtaining Precertification is never your responsibility and you will never be penalized or held liable for any charges because your Liberty Network Provider failed to obtain any required Precertification.
While you are not responsible for obtaining Precertification, you may want to verify that the service was Precertified before you make plans to obtain the service in the event that We have denied the request. In this instance, you may wish to Appeal Our decision (please see the Grievance and Appeals section). While We will notify you of any such denials, you should feel free to check on the status of the request at any time prior to such notification.
In addition, you should know the following about this process:
Precertifications are not valid after your coverage terminates. If We Precertify a service and your coverage ends or terminates before you receive the service, the Precertification is no longer valid. This means that services received after your coverage has terminated will not be Covered even if they were Precertified. However, if coverage is continued after termination under COBRA, State Continuation or Extension of Benefits (as described in your Certificate) the Precertification will be valid, as if the termination had not occurred.
Precertification is valid only for the services that were actually requested and approved by Us. If you receive a non-Covered Service instead of the Covered Service that We Precertified, we will not honor the Precertification. Additionally, We will not reimburse non-Covered Services if We Precertify a procedure based on inaccurate or misleading information.
Additional Plan Features Additionally, your employer may have purchased a Health Reimbursement Account (HRA) or a Health Savings Account (HSA). This section only applies to you if your employer has purchased a HRA or HSA plan. Please check with your employer to see if this section applies to you.
Health Reimbursement Accounts (HRA) HRAs are employer-sponsored plans that can be used to reimburse a portion of you or your Dependents out-of-pocket qualified medical expenses. Qualified medical expenses are expenses not covered by insurance. This typically includes Deductibles and Coinsurance payments. Your employer can also choose to allow HRA funds to be used for a wide array of other expenses such as dental, vision, prescription drugs or other expenses listed in Section 213 of the Internal Revenue Code.
Your HRA plan will require you to meet a Deductible and then pay Coinsurance for the Covered Services you receive. Your plan includes separate Deductible and Coinsurance amounts for In-Network and Out-of- New York Handbook
OHINY MH LEPO LS 906 6632 NY OHI Small Liberty EPO Handbook 9.12 7
Please refer to Website or call Customer Care for a full list of all qualified medical expenses.
For more information on HSAs, please refer to the United States Treasury Departments website at www.ustreas.gov Network Covered Services. Preventive Care received In-Network is Covered in full under the plan and does not require any out-of-pocket expenses. The following is an example of how your HRA plan will work:
Assume that your In-Network Deductible is $2,000 and your employer contributes $1,000 to your HRA account. Any In-Network preventive visits will not reduce the balance in your HRA account, and you will not be responsible for any out-of-pocket costs. However, if you see a Provider for non-preventive Covered Services, the amount that We approve when the claim is adjudicated will be applied to your Deductible. You may then use the HRA account to pay for that charge.
For Example: You visit an allergist who charges $250 for services which are Covered under your Plan. The allergist is a Network Provider and the claim is approved by Us in the amount of Our contracted rate of $200. You would be able to use the funds in your HRA account to pay the $200 charge and your remaining Deductible to be satisfied would be $1,800. After payment of this charge you would have $800 remaining in your HRA to use for any future eligible Covered Services. Because the Provider was a Network Provider, you will not be billed for the difference between the billed charges and Our contracted rate.
When the funds in your HRA account are exhausted, you will be responsible for paying any remaining amount on your Deductible. Once you have reached your Deductible, you will begin paying the Coinsurance amount specified in your Summary of Benefits up to the Out-of-Pocket Maximum.
The reimbursements made from the HRA to you are not considered part of your income and are not taxed. Unused funds in your account may be rolled over from year to year if your employer chooses this option and you remain enrolled in the HRA plan. Additionally, how you access your HRA depends upon how your employer has set up the plan. Please check with your employer for specific information regarding the administration of your HRA plan.
Health Savings Accounts (HSA)
HSAs were created by the Medical Prescription Drug, Improvement & Modernization Act of 2003. This tax advantaged account gives you a new way to pay for healthcare expenses and plan for retirement. The HSA is a medical cash account that you own. You can make contributions to the account up to the maximums determined by the United States Treasury Department. Although not required, your employer may also choose to contribute to your HSA account.
You may use your HSA to pay for qualified medical expenses. Qualified medical expenses, as defined in Section 213 of the Internal Revenue Code include, but are not limited to, doctor visits, hospital expenses, lab, x-ray, and other diagnostic services, prescription drugs, dental care, vision care and hearing aids.
Your HSA plan will require you to meet a Deductible and then pay Coinsurance for the Covered Services you receive. Your plan includes separate Deductible and Coinsurance amounts for In-Network and Out-of- Network Covered Services. Preventive Care received In-Network is Covered in full under the Plan and does not require any Out-of-Pocket Expenses. The following is an example of how your HSA plan will work:
New York Handbook
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Your contributions are on a pre-tax basis and contributions made by your employer are not taxable income. Balances remaining in the account at the end of the year roll over to the next year, just as in other checking accounts. Additionally, the money in the account belongs to you you will not forfeit the funds if you change healthcare coverage, change jobs, retire, etc. Please refer your Summary of Benefits for the specific Deductibles and Coinsurance that apply to your plan.
Assume that your In-Network Deductible is $2,000 and your employer contributes $500 to your HSA account. You have decided to contribute $500 to your account for a total HSA account balance of $1,000. Any In-Network preventive visits will not reduce the balance in your HSA account, and you will not be responsible for any out-of-pocket costs. However, if you see a Provider for non-preventive Covered Services, the amount that We approve when the claim is adjudicated will be applied to your Deductible. You may then use the HSA account to pay for that charge.
For Example: You have a Covered surgery as an outpatient for which the Provider normally charges $600. The Provider is a Network Provider and the claim is approved by Us in the amount of Our contracted rate of $500. You would be able to use the funds in your HSA account to pay the $500 charge and your remaining Deductible to be satisfied would be $1,500. After payment of this charge you would have $500 remaining in your HSA to use for any future eligible Covered Services. Because the Provider was a Network Provider, you will not be billed for the difference between the billed charges and Our contracted rate.
When the funds in your HSA account are exhausted, you will be responsible for paying any remaining amount on your Deductible. Once you have reached your Deductible, you will begin paying the Coinsurance amount specified in your Summary of Benefits up to the Out-of-Pocket Maximum.
HSAs are available to you if you are covered by a qualified, high-deductible health insurance plan. A qualified high-deductible health insurance plan is an insurance plan that requires you to pay Deductible and Coinsurance for In-Network services (excluding preventive services) and that meets the minimum Deductible and Out-of-Pocket Maximum requirements set by the United States Treasury Department.
You cannot enroll in an HSA if you have other healthcare coverage that covers the same services as the high-deductible health plan (e.g., coverage through a spouse or other employer). Additionally, if you are enrolled in Medicare, you are not eligible to contribute to the HSA. However, you can still spend money you have previously accumulated in your HSA for qualified medical expenses.
How you access your HSA depends upon how your employer has set up the plan. Please check with your employer for specific information regarding the administration of your HSA plan. Please Remember: Providers are responsible for all health services that you receive. All services rendered are subject to your Providers professional judgment. If you refuse to follow a recommended treatment, and the Provider believes that no professionally acceptable alternative exists, you will be so advised. In such a case, subject to the second opinion process, neither the Provider nor We will have any further responsibility to provide care for the condition under treatment. You will need to select another Provider to pursue treatment options. New York Handbook
OHINY MH LS 906 9 6632 NY OHI Small Liberty EPO Handbook 9.12 Medical Emergencies & Urgent Care
The following section describes Oxfords coverage guidelines for emergent and Urgent Care this information is intended to help you understand how emergent and Urgent Care may be Covered under your Oxford Plan.
Medical Emergencies
Treatment for Medical Emergencies does not require Precertification, however, you must notify Us of any inpatient admissions resulting from a Medical Emergency. Care provided in an Emergency Room is only Covered in the case of a Medical Emergency.
A Medical Emergency is a medical or behavioral condition the onset of which is sudden, that manifests itself by symptoms of sufficient severity including severe pain, that a prudent layperson, possessing an average knowledge of medicine and health, could reasonably expect the absence of immediate medical attention to result in: placing the health of the Member with such condition in serious jeopardy, or in the case of a behavioral condition placing the health of such Member or others in serious jeopardy; serious impairment to the Members bodily functions; serious dysfunction of any bodily organ or part of such Member; or serious disfigurement of such Member.
Medical Emergencies include, but are not limited to, the following conditions: severe chest pains severe shortness of breath severe bleeding acute pain or conditions requiring immediate attention such as suspected heart attack or appendicitis severe or multiple injuries loss of consciousness sudden change in mental status (e.g., disorientation) poisonings or convulsions.
Urgent Care
Urgent Care is defined as medical care for a condition that needs immediate attention to minimize severity and prevent complications, but is not a Medical Emergency. Urgent Care is Covered both in and out of the Service Area.
You are not required to get Precertification prior to obtaining Urgent Care from a Network Physician. All Network Physicians are required to have 24-hour support or an answering service so that Members have access to medical care at all times. You may also contact Oxford On-Call to discuss treatment recommendations. Oxford On-Call is available around the clock to offer healthcare guidance with Urgent Care situations.
In the case of an emergency, call 911 or seek immediate care at the nearest Emergency Room. New York Handbook
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You may also receive Urgent Care Services at a network Urgent Care Center in the Service Area or at a UnitedHealthcare Choice Plus Network Urgent Care Center outside the Service Area. If the Urgent Care Center is part of Our Network or the UnitedHealthcare Choice Plus Network, you do not need to obtain Precertification prior to obtaining care. However, if the Urgent Care Center is not part of Our Network or the UnitedHealthcare Choice Plus Network, you must receive Precertification from Us for services to be Covered subject to the In-Network Out- of-Pocket Expense specified on your Summary of Benefits. If you receive Covered Services from a Non-Network Urgent Care Center without first obtaining Precertification from Us, coverage will be subject to the Out-of-Network Out-of-Pocket expense specified on your Summary of Benefits.
If Urgent Care results in an emergency admission, please follow the instructions for Emergency Hospital admissions as described in your Certificate.
Ambulance Services
Ambulance Services may include land, water or air ambulance when a Member is in need of Medically Necessary Covered Services.
Ambulance services for 911 transportation or Medical Emergencies as defined previously in this section are Covered and do not require Precertification.
Precertification is required, however, for non-Medical Emergency ambulance services. For example, such services may be Covered, if the Member is bed-confined and other means of transportation are inappropriate or if the Member has a medical condition that makes transportation by ambulance medically required. Non-Medical Emergency ambulance services may not be Covered for Hospital transfers that are not Medically Necessary. This may include transfers that are based on Member preference or convenience and not related to certain services or discharges from a Hospital to the home or recovery facility.
Non-ambulance transportation, such as ambulette or cab services are not Covered. Please contact Us for a description of Our current policies on non-emergency ambulance services. New York Handbook
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Transitional Care This explains Oxfords Transitional Care policy this may apply if your Network Provider leaves Oxfords Provider network or if you are new to Oxford and are undergoing a course of treatment as described below. Transitional Care is intended to assist you during this process, making it as seamless as possible for you.
If Your Provider Leaves the Network
Selecting A New Provider: If your PCP or Network Specialist leaves Our Network, you will need to select another PCP or Network Specialist in order to continue receiving care on an In- Network basis. We will send you written notification that includes information on how to select a new PCP or Specialist.
Transitional Care: If you are undergoing a course of treatment when your Network Provider leaves Our Network, you may be able to continue to receive Covered Services on an In- Network basis from your former Network Provider. For purposes of this section, undergoing a course of treatment refers to a defined course of treatment for a specified diagnosis.
If the coverage is determined to be Medically Necessary and the Provider agrees to follow Our reimbursement rates, policies and procedures, you will receive the Covered Services as if they are being provided by a Network Provider subject to any applicable Out-of-Pocket Expenses and any applicable Precertification requirements. If we terminated a Provider due to a quality-of-care issue, Transitional Care is not available.
Depending on your condition, you may receive Transitional Care for up to 120 days from the date the Provider ceases to be in the Network. If the Provider leaves the Network while you are in the second or third trimester, you may receive Covered Services through delivery and any post-partum care directly related to the delivery.
If You Switch to a Different Network Within Oxford
If you are enrolled in Our Freedom Network, but enroll in Our Liberty Network upon renewal of your coverage, you may need continuing access to a Provider that was participating in your old Freedom Network but that is not participating in your new Liberty Network. In this case you may receive coverage for services rendered by your former Provider on an In-Network basis for up to 120 days from the date of re-enrollment subject to the out-of-pocket expenses specified on your Summary of Benefits and any applicable Precertification requirements. Please refer to your Summary of Coverage to determine the Network that applies to your Plan.
New Members Undergoing Treatment With A Non-Network Provider
If you are undergoing a course of treatment with a non-Network Provider when your Oxford coverage initially becomes effective, you may be able to receive Covered Services on an In-Network basis from this Provider for up to sixty days from the effective date of your coverage. You will be responsible for applicable In-Network out-of- pocket expenses as specified on your Summary of Benefits. In addition, any applicable Precertification requirements will apply.
This coverage is available only if the course of treatment is for a life-threatening or degenerative and disabling disease or condition as determined by Us. Coverage is limited to the disease or condition and the Provider must agree to accept Our reimbursement rates as well as adhere to Our polices and procedures regarding the delivery of Covered Services.
Please Note: To request Transitional Care, you or your Provider must contact Us as soon as reasonably possible. Please Note: When a PCP leaves Our Network, all Members that have selected that Provider to be their PCP will receive notification. When a Network Specialist leaves Our Network, all Members who were seen by that Network Specialist in the last six months will receive notification. New York Handbook
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If your coverage becomes effective while you are in the second or third trimester of pregnancy, you may receive Covered Services directly related to your pregnancy from the non-Network Provider, including delivery and post-partum care.
Receiving Transitional Care
Before coverage is provided for any transitional care as described above, your Provider must submit the required Transitional Care Forms to Us and agree in writing to: adhere to Our quality assurance procedures; accept Our reimbursement rates as payment in full; and accept Our policies and procedures regarding delivery of Covered Services.
If the Provider does not agree to the above terms, We are not obligated to approve coverage for transitional care. New York Handbook
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Please Note: In all cases, if no information is received within the required timeframes, the claim or request for service will be denied. Initial Coverage Determination Timeframes
This section is intended to educate you about the timeframes within which initial coverage determinations will be made. Please note, that there are two different types of coverage determinations discussed in this section: benefits and administrative issues and Utilization Review determinations.
Benefits and Administrative Issues
What are benefit and administrative issues?
Benefit issues include, but are not limited to, denials based on benefit exclusions or limitations and claims payment disputes. Administrative issues concern other requirements of your health Plan such as access to providers. Benefit and administrative issues do not include determinations concerning the Medical Necessity of services.
Will I need to submit additional information?
We may request additional information to evaluate your issue. If we request additional information, you will have up to 45 days from the date you receive Our request to provide the additional information. For Urgent Care services, you will have 48 hours to provide the requested information.
Please Note: Regarding benefit issues, if you do not submit the requested additional information within the above timeframes, your claim or request for services will be denied. Regarding administrative issues, We will assume you are no longer concerned or interested in pursuing the issue.
When will initial determinations for benefit and administrative issues be made?
Initial determinations for benefit and administrative issues will be made in the following timeframes:
If no additional information is requested
If additional information is requested Requests for Service (Pre-Service): Within 15 days of Our receipt of the request. Within 15 days of Our receipt of the information, or upon the expiration of the period allowed to provide the information (i.e., 45 days).
Coverage for Services Rendered (Post- Service): Within 30 days of Our receipt of the claim. Within 15 days of Our receipt of the information, or upon the expiration of the period allowed to provide the information (i.e., 45 days).
Requests for Urgent Care (Pre-service) - (includes any claim for medical service that if subjected to standard timeframes, could seriously jeopardize your life or health): Within 72 hours of Our receipt of the claim. Within 48 hours of Our receipt of the information, or the expiration of the original request for additional information, whichever is sooner (i.e., 45 days).
New York Handbook
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Please Note: In all cases, if no information is received within the required timeframes, the claim or request for service will be denied. How will I be notified of Oxfords determination?
We will inform you of Our decision in writing by mail or electronic means. The notice of Our initial benefit determination will provide the reasons for the decision. This will include clinical rationale if applicable, and specific plan provisions on which the determination was based. It will also include information on how to file a First Level Grievance, and how, with respect to benefit denials, you can request (free of charge) reasonable access to, and copies of, all documents, records, and other information relevant to your claim.
When we receive an initial Post-Service claim from a Network Provider, in some instances, We may deny the claim. In this situation, you may not receive a notice from Us. You cannot be held responsible for any amount above your Copayment and you will not incur any additional financial liability. If a participating provider attempts to balance bill you for an amount above your Copayment or Coinsurance, please contact Us.
Utilization Review issues include items that concern Medical Necessity Determinations and, when your condition meets the New York state definition of a Life-Threatening or Disabling Condition or Disease, decisions involving treatment or services that are considered experimental or investigational. Although many determinations are made prior to services being rendered, Medical Necessity Determinations may be made after services are rendered. All services are subject to a review by Us to determine the Medical Necessity of proposed services, services currently being provided, or services already provided. Denials will be made by the appropriate clinical personnel.
Who conducts Utilization Review?
Utilization Review will be conducted by the following:
Administrative personnel trained in the principles and procedures of intake screening and data collection. Administrative personnel will only perform intake screening, data collection and non-clinical review functions and will be supervised by a licensed health care professional. A health care professional who is appropriately trained in Our principles, procedures and standards. A health care professional who is not a Clinical Peer Reviewer cannot render an Adverse Determination. A Clinical Peer Reviewer where the review involves an Adverse Determination.
Will I need to submit additional information?
We may request additional information from your Provider to evaluate your issue. If we request additional information, your Provider will have up to 45 days from the date of Our request to provide the additional information. For Urgent Care services, your Provider will have 48 hours to provide the requested information.
Please Note: If your Provider does not submit the requested additional information within the above timeframes, your claim or request for services will be denied.
When will I be notified that a service is not Medically Necessary or is experimental or investigational?
Notification of Our decision that a service is not Medically Necessary or is experimental or investigational will be provided as follows:
If no additional information is requested
If additional information is requested New York Handbook
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Requests for service (Pre-Service): Within 2 business days of Our receipt of the necessary information, not to exceed 15 calendar days from receipt of the request Within 2 business days of Our receipt of the information, or 2 business days from the expiration of the period allowed to provide the information (i.e., 45 days).
Current services for a Member in an ongoing course of treatment: Within 1 business day of Our receipt of the necessary information. Within 1 business day of Our receipt of the information, or the expiration of the original request for information (i.e., 45 days).
Urgent Care for a Member in an ongoing course of treatment: As soon as possible but not to exceed 24 hours of Our receipt of the request if the request is made at least 24 hours before expiration of the prescribed period or number of treatments. Within 48 hours of Our receipt of the information, or the expiration of the original request for information (i.e., 45 days).
Coverage for services rendered (Post-Service): Within 30 days of Our receipt of the claim. Within 15 days of Our receipt of the information, or expiration of the period allowed to provide the information (i.e., 45 days).
If We do not make a determination within the above timeframes, the request will be deemed an Adverse Determination subject to the applicable Appeal provisions.
How will I be notified of Oxfords determination?
We will inform you and your Provider of Our decision in writing by mail or electronic means. The notice of Our initial determination will provide the reasons for the decision. This will include the clinical rationale, if applicable, and specific plan provisions on which the determination was based. It will also include information on how to file a First Level Appeal, and how you can request (free of charge) reasonable access to, and copies of, all documents, records and other information relevant to your claim.
In the event that We render an Adverse Determination without attempting to discuss the matter with the Provider who specifically recommended the Health Care Service, procedure or treatment under review, the Provider will have the opportunity to request a reconsideration of the Adverse Determination. Except in cases of retrospective reviews, the reconsideration will occur within one business day of receipt of the request and will be conducted by your Provider and the Clinical Peer Reviewer making the initial determination or a designated Clinical Peer Reviewer if the original Clinical Peer Reviewer is not available. In the event that the Adverse Determination is upheld after reconsideration, We will provide notice as outlined in this section. Nothing in this section will preclude you from initiating an Appeal of an Adverse Determination. New York Handbook
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All information pertaining to Grievances, Appeals and Complaints will be fully documented and retained for at least three years. A copy of Our consent forms to designate a representative are available on Our web site or by calling Us at the number in the front of your Handbook. Appeals, Grievances and Complaints
Our Grievance, Appeal and Complaint Procedures provide Members with a meaningful, dignified and confidential process to hear and resolve issues between Members, Us and Providers in a timely manner. This Section describes (1) The Utilization Review (UR) Appeals process, (2) the Grievance procedure for benefit, network and administrative Issues, and (3) the Complaint procedure. The process you will need to use depends upon the type of issue you are trying to resolve. Please read the information in this Section carefully, as it describes what the different review procedures are and when and how to use them. If you are still not sure of the process to follow, contact Us at 1-800-444- 6222.
Copies of these procedures are available in many languages and can be forwarded to you subject to availability. We can also arrange to have an independent interpreter available, however Our ability to provide this service depends on the availability of the interpreter. We may need to arrange to call you at a time when an interpreter is available. Additionally, you always have the right to designate a representative during this process.
Additionally, Members may write to either (or both) the New York State Insurance Department or the Department of Health, Office of Managed Care, Bureau of Managed Care Certification and Surveillance at any time during the Appeal, Grievance and Complaint process at the following addresses or phone numbers:
New York State Department of Financial Services, Empire State Plaza, Corning Tower Room 1911, Albany, NY 12237-0062
1-800-206-8125 www.dfs.ny.gov Consumer Assistance Unit NYS Department of Financial Services 25 Beaver Street New York, NY 10004-2319 1-800-342-3736 www.dfs.ny.gov
Designees You have the right to use these procedures. It is your responsibility to initiate a Grievance, Appeal or Complaint within the timeframes set forth in this Certificate.
You may designate a person to act on your behalf, including your healthcare Provider (Designee). For appeals of benefit determinations concerning Urgent Care, We are required to allow your healthcare Provider, with knowledge of your condition, to act as your authorized representative without your written consent. A benefit determination concerning Urgent Care is defined as a determination which, if subject to the standard appeal time frames, could seriously jeopardize your life or health or your ability to regain maximum function, or in the opinion of a Physician with knowledge of your condition, would subject you to severe pain that cannot be adequately managed without the care or treatment that is the subject of the determination.
For all other circumstances, to authorize a Designee to act on your behalf, you must provide Us with written consent at the time your Grievance, Appeal or Complaint is submitted. Because your medical records are privileged and confidential, and We want to ensure that you wish to Appeal, each Member must submit an original signed written consent. Members who are 18 years of age or older, including a Members spouse or children, will need to provide their own signed written consent. If the Member is a minor a written consent must be signed by the Members parent or guardian.
Your Designee will only be authorized to act on your behalf and is required to comply with all of the conditions of your Certificate that would apply to you when you initiate any Grievance, Appeal or Complaint. Your Designee is not entitled to obtain any benefits or rights under your Certificate. New York Handbook
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Part 1 Utilization Review (UR) Appeals
UR will occur whenever judgments pertaining to Medical Necessity and the provision of services or treatments are rendered. The Utilization Review Appeals process should be used after you have received an initial Adverse UR Determinations as described in the Initial Coverage Determination Timeframes section on page 12, if you do not agree with Our decision. Adverse Determinations concerning cosmetic, custodial and convenience items are included in the determinations eligible for review through this process. All Appeals are subject to a review by Us to evaluate the Medical Necessity of the services.
Our UR Appeal process provides for two levels of internal review or one level of internal Review and one level of External Review by an outside clinical reviewer. The Second-Level internal review will be waived by both parties if you choose to pursue an External Appeal. You may use this process to Appeal Adverse Determinations relating to all UR determinations, regardless of whether the services requested by you or on your behalf have not yet been rendered (Precertification), are currently being rendered (concurrent care) or have been rendered (Retrospective Adverse Determinations).
Please Note: This UR Appeals process should not be used for Appeals relating to benefit and administrative issues. Please refer to Part 2 of this section for information on the Grievance and Appeal Procedure for Benefit, Network and Administrative Issues.
Definitions - The following Definitions apply to UR determinations and Appeals.
Adverse Determination - Our determination that an admission, extension of stay, or other Health Care Service, is not Medically Necessary based on a review of the information provided. Additionally, an Adverse Determination will be rendered if We do not receive a response to Our request for information necessary to review your case.
Clinical Peer Reviewer - For Internal UR Appeals, a Clinical Peer Reviewer is either: a Physician with a current and valid non-restricted license to practice medicine; or a health care professional (other than a licensed Physician) with a current and valid non-restricted license, certificate or registration or, who is appropriately credentialed. This health care professional must be in the same profession and same or similar specialty as the Provider who typically manages the medical condition or disease, or provides the health care service or treatment under review.
For External UR Appeals, a Clinical Peer Reviewer is either: a Physician who meets the following criteria: o possesses a current and valid non-restricted license to practice medicine, and where applicable, is board certified or board eligible in the same or similar specialty as the Provider who typically manages the medical condition or disease, or provides the health care service or treatment under Appeal; and o has been practicing in such area of specialty for a period of at least five years and is knowledgeable about the Health Care Service or treatment under Appeal. a health care professional (other than a licensed Physician) who: o has a current and valid non-restricted license, certificate or registration (if applicable); and o is credentialed by the national accrediting body (if applicable) appropriate to the profession and is in the same profession and same or similar specialty as the Provider who typically manages the medical condition or disease or provides the Health Care Service or treatment under Appeal; and o has been practicing in such area of specialty for a period of at least five years and is knowledgeable about the Health Care Service or treatment under Appeal; and o is clinically supported by a Physician who possesses a current and valid non-restricted license to practice medicine (as applicable).
Clinical Standards - Those guidelines and standards set forth in Our UR Plan.
New York Handbook
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Clinical Trial - A peer-reviewed study plan which has been reviewed and approved by a qualified institutional review board, and approved by one of the National Institutes of Health (NIH), or an NIH cooperative group or an NIH center, or the Food and Drug Administration in the form of an investigational new drug exemption, or the federal Department of Veteran Affairs, or a qualified nongovernmental research entity as identified in guidelines issued by individual NIH Institutes for center support grants, or an institutional review board of a facility which has a multiple project assurance approved by the Office of Protection from Research Risks of the National Institutes of Health.
As used in this section, the term "cooperative groups" means formal networks of facilities that collaborate on research projects and have established NIH-approved peer review programs operating within their groups; and that include, but are not limited to, the National Cancer Institute (NCI) Clinical Cooperative Groups, the NCI Community Clinical Oncology Program (CCOP), the AIDS Clinical Trials Groups (ACTG), and the Community Programs for Clinical Research in AIDS (CPCRA).
Disabling Condition or Disease - A condition or disease which, according to the current diagnosis of your Physician, is consistent with the definition of "disabled person" pursuant to the social services law.
Experimental and Investigational Treatment Review Plan - A description of the process for developing the written clinical review criteria used in rendering an Experimental and Investigational treatment review determination. The Experimental and Investigational Treatment Review Plan also includes a description of the qualifications and experience of the Clinical Peers who developed the criteria, who are responsible for periodic evaluation of the criteria, and who use the written clinical review criteria in the process of reviewing proposed Experimental and Investigational Health Care Services.
External Appeal - An Appeal conducted by an External Appeal Agent.
External Appeal Agent - An entity certified by the State of New York to conduct External Appeals.
Final Adverse Determination - An Adverse Determination which has been upheld by Us with respect to a Health Care Service following a standard or Expedited Appeal.
Health Care Service - For purposes of UR determinations and Appeals, Health Care Service includes health care procedures, treatments, services, Prescription Drugs, or Durable Medical Equipment. Additionally, for purposes of External Appeals, Health Care Services are Experimental or Investigational procedures, treatments or services, including the following (to the extent the services are prohibited from being excluded under the Plan): services provided within a clinical trial, and the provision of a Prescription Drug for a use other than those uses which have been approved for marketing by the federal Food and Drug Administration.
A Health Care Service is not necessarily a Covered Service under this Plan.
Life-Threatening Condition or Disease - A condition or disease which, according to the current diagnosis of your Physician, has a high probability of causing your death.
Retrospective Review - A review of services after such services have already been provided. We may reverse Our determination of a Precertified service, treatment or supply after Retrospective Review only when: the relevant medical information presented to US upon Retrospective Review is materially different from the information that was presented during the Precertification review; and such relevant information presented to Us existed at the time of the Precertification but was withheld from or not made available to Us; and We were not aware of the existence of the information at the time of the Precertification review; and had We been aware of the information, the service, treatment or supply that was requested would not have been Precertified. This determination will be made using the same specific standards, criteria or procedures as were used during the Precertification review. New York Handbook
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Utilization Review (UR) - The review to determine whether Health Care Services that have been provided (Retrospective), are being provided (Concurrent) or are proposed to be provided (Precertification) are Medically Necessary.
UR Plan - A UR Plan includes the following: a description of the process for developing the written clinical review criteria; a description of the types of written clinical information We might consider in Our review, including but not limited to, a set of specific written clinical review criteria; a description of the practice guidelines and standards We use in carrying out a determination of Medical Necessity; the procedures for scheduled review and evaluation of the written clinical review criteria; and a description of the qualifications and experience of the health care professionals who developed the criteria, who are responsible for periodic evaluation of the criteria and of the health care professionals or others who use the written clinical review criteria in the process of Utilization Review.
Our Internal UR Appeal process provides for both a First-Level UR Appeal and a Second-Level UR Appeal. Additionally, the First-Level UR Appeal may be expedited as described in this section. All UR Appeals will be conducted by Clinical Peer Reviewers other than the Clinical Peer Reviewer who rendered the initial Adverse Determination.
First-Level UR Appeals
A First-Level UR Appeal may be made within the standard timeframes or may be expedited as described in this section. All non-Expedited First-Level UR Appeals must be initiated by you or your Designee 180 days from receipt of an Adverse Determination (i.e., receipt of the determination notice). All requests for Expedited First- Level UR Appeals must be initiated within 45 days from receipt of an Adverse Determination, or from the date when the condition necessitating the need for an expedited Appeal arose. You may still pursue a standard UR Appeal within 180 days from receipt of an Adverse Determination if you choose not to pursue an Expedited Appeal or circumstances have changed and do not justify an expedited review (i.e., you have already received the services).
While a First-Level UR Appeal may be filed by telephone or in writing, We strongly recommend that you file your Appeal in writing. The written request will give us a clearer understanding of the issues being Appealed. To initiate the First-Level UR Appeal process, you may call the Us at 1-800-444-6222, fax Us at 1-203-459-5423 (for Expedited First-Level UR Appeals) or write to Us at:
Oxford Health Plans, Attn: Clinical Appeals, P.O. Box 29139Hot Springs, AR 71903-29139
Please Note: Our toll-free telephone line is available for forty hours per week during normal business hours. After normal business hours we have an answering machine available to record your call. We will respond to recorded messages within one business day after the date on which the call was received. Additionally, if you have any questions regarding where to seek care, you may receive health care guidance from a registered nurse 24 hours a day, seven days a week, at the number in the front of your Handbook.
In addition to your request for an Appeal, you or your designee must send any documentation/information already requested by Us (if not previously submitted) and any additional written comments and documentation/information you would like to submit in support of the Appeal. At the time of Our review, We will review all available comments, documentation and information.
Unless We have already issued a written determination, We will use our best efforts to provide written acknowledgment of the receipt of your Appeal within 5 business days, but in no event later than 15 calendar days. Our decision to either uphold or reverse the Adverse Determination will be made as follows: Requests for service (Precertification): Within 15 days of Our receipt of the Appeal. New York Handbook
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Current services for a Member in an ongoing course of treatment (Concurrent): Within 2 business days of Our receipt of all necessary information. Coverage for services rendered (Retrospective): Within 30 days of Our receipt of the Appeal. Our determination will be communicated to you, your Designee and/or Provider (if applicable) within 2 business days of Our rendering of the determination within the above timeframes. If we do not make a determination on your First-Level UR Appeal within the timeframes outlined in this section, the Adverse Determination will be reversed.
Expedited First-Level UR Appeal
You can expedite your First-Level UR Appeal when:
you receive an Adverse Determination involving continued or extended Health Care Services, procedures or treatments or additional services while you are undergoing a course of continued treatment (Concurrent); or the timeframes of the non-expedited UR Appeal process would seriously jeopardize your life, health or ability to regain maximum function; or in the opinion of a Physician with knowledge of the health condition, the timeframes of the non-expedited UR Appeal process would cause you severe pain that cannot be managed without the care of treatment that was requested. your Physician believes an immediate Appeal is necessary because the timeframes of the non-expedited UR Appeals process would significantly increase the risk to your health.
The expedited procedure cannot be used to seek review of Adverse Determinations for services which have already been provided (Retrospective).
The Expedited First-Level UR Appeal process includes procedures to facilitate a timely resolution of the Appeal including, but not limited to, the sharing of information between your Provider and Us by telephone or facsimile. We will provide reasonable access to Our Clinical Peer Reviewer within one business day of receiving notice of an Expedited First-Level UR Appeal.
Expedited First-Level Utilization Review Appeals will be determined within two business days of receipt of necessary information or 72 hours from Our receipt of the Appeal, whichever is shorter. If you are not satisfied with the outcome of the Expedited First-Level UR Appeal, you may further Appeal through either the Second-Level UR Appeal process, or the External Appeal process. If We do not make a determination within two business days of Our receipt of the necessary information, the Adverse Determination will be reversed.
The notice of an Appeal determination will include the reasons for the determination. If the Adverse Determination is upheld on Appeal, the notice will include the clinical rationale for the determination. This is considered Our Final Adverse Determination (FAD). We will also include a notice of your right initiate an External Appeal or an internal First-Level UR Appeal along with a description of each process and the associated timeframes.
If We generally reversed an Adverse Determination but part of your request remains denied, you or your Designee may either submit (1) an External Appeal pursuant to New York State Law or (2) a written Second-Level UR Appeal for the services that remain denied.
Second-Level UR Appeals
You or your Designee may submit a Second-Level UR Appeal to Us if an External Appeal has not been filed through the New York State External Appeal Process. The request for a Second-Level UR Appeal and any additional information must be submitted to:
Oxford Health Plans, Grievance & Appeal Review Board, 48 Monroe Turnpike, Trumbull, CT 06611
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You or your Designee will need to include all information previously requested by Us (if not previously submitted), and include any additional facts or information that you believe to be relevant to the issue. You or your Designee may send Us written comments, documents, records or other information regarding the claim. We will consider all available information relevant to your Appeal when making Our review.
If during the processing of your Second-Level UR Appeal, you or your Designee files an External Appeal through the New York State External Appeal Process, your Second-Level UR Appeal to Us will be deemed to have been waived and We will not render a decision.
A Second-Level UR Appeal must be filed within sixty business days of the date on which you received notice of the First-Level UR Appeal determination. Unless We have already issued a written determination, We will use our best efforts to provide written acknowledgment of the receipt of your Second-Level UR Appeal within 5 business days, but in no event later than 15 calendar days.
We will provide you, your Designee, or your Provider (if applicable) with Our written decision (by mail or electronic means) which will include the detailed reasons for Our decision. This will include clinical rationale (if applicable) and references to any specific Plan provisions on which Our decision was based. We will also include information on how you can request (free of charge) reasonable access to, and copies of: all documents, records, and other information relevant to your claim for benefits. Our decisions will be communicated as follows:
Requests for service (Precertification): Within 15 days of Our receipt of the Appeal. Current services for a Member in an ongoing course of treatment (Concurrent): Within 15 days of Our receipt of the Appeal. Coverage for services rendered (Retrospective): Within 30 days of Our receipt of the Appeal.
Please note: only the First-Level UR Appeal may be expedited. If, at the Second-Level, you would like to obtain an expedited response, please follow the External Appeal process.
This ruling will be Our final position. All information pertaining to each Appeal will be fully documented, and retained for at least three years.
External UR Appeals
You, your Designee and, in connection with Retrospective Adverse Determinations, your Provider, have the right to request an External UR Appeal in the following situations: you have had coverage of a Health Care Service denied on Appeal on the grounds that the Health Care Service is not Medically Necessary, and We have rendered a FAD with respect to the Health Care Service (or both We and you have agreed to waive any internal Appeal); or Experimental or Investigational determinations: o you have had coverage of a Health Care Service denied on the basis that such service is Experimental or Investigational, and the denial has been upheld on Appeal (or both We and you have agreed to waive any internal Appeal); and o your Physician has certified that you have a Life-Threatening or Disabling Condition or disease (a) for which standard health services or procedures have been ineffective or would be medically inappropriate, or (b) for which there does not exist a more beneficial standard health service or procedure Covered by Us, or (c) for which there exists a clinical trial; and o your Physician, who must be a licensed, board-certified or board-eligible Physician qualified to practice in the area of practice appropriate to treat the Life-Threatening or Disabling Condition or Disease, must have recommended either (a) a Health Care Service or procedure (including a pharmaceutical product) that, based on two documents from the available medical and scientific evidence, is likely to be more beneficial to you than any Covered standard health service or procedure; or (b) a Clinical Trial for which you are eligible. Any Physician certification provided under this section must include a statement of the evidence relied upon by the Physician in certifying the recommendation; and New York Handbook
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Please Note: The 45 day timeframe for requesting an External Appeal begins upon receipt of the FAD regardless of whether you decide to initiate an internal Second-Level Appeal as described in this section. If you decide to initiate a Second-Level UR Appeal, you do not waive the option to file an External Appeal with the New York State DOI. However, you may miss the 45 day timeframe for requesting an External Appeal.
o the specific Health Care Service or procedure recommended by the attending Physician would otherwise be Covered except for Our determination that the Health Care Service or procedure is Experimental or Investigational.
Regarding Medical Necessity decisions, We may charge you a fee of up to fifty dollars per External Appeal. In the event the External Appeal Agent overturns the FAD, the fee will be refunded. We will not require you to pay a fee if you are a recipient of medical assistance or is covered by a policy pursuant to the child health insurance plan program. Additionally, We will not require you to pay a fee if the fee will pose a hardship to you as determined by Us.
Regarding Experimental and Investigational decisions, payment for an External Appeal Will be Our responsibility. We will make payment to the External Appeal Agent within 45 days from the date We receive the Appeal determination. We will be obligated to pay the amount together with applicable interest in the event that payment is not made within 45 days. How to File an External Appeal
Non-Expedited: You have 45 days to initiate an External Appeal after you receive notice from Us of a FAD or denial or after both We and you agree to waive any internal Appeal.
Requests for External Appeals must be in writing on an External Appeal application form. The application form will include instructions on how to complete and submit the form to the superintendent. You or your Designee (and Provider, if applicable) must release all pertinent medical information concerning your medical condition and request for services. The application form is available from any of the following New York State Department of Insurance at 1-800-400-8882 or www.ins.state.ny.us; New York State Department of Health at www.health.state.ny.us; or Our Customer Care Department at the number in the front of this Handbook.
Requests for External Appeals that have been determined by the superintendent to be eligible for External Appeal will be randomly assigned to a Certified External Appeal Agent according to a process prescribed by the commissioner and superintendent.
We will forward the medical and treatment plan records We relied upon in making our determination to the External Appeal Agent. You, and your Provider where applicable, will have the opportunity to submit additional documentation to the External Appeal Agent within the 45 days period. If the documentation represents a material change from the documentation upon which We based Our Adverse Determination or denial, We will have three business days to consider the documentation and amend or confirm Our Adverse Determination or denial.
The External Appeal Agent will make a determination with regard to the Appeal within thirty days of the receipt of your request. However, the External Appeal Agent may request additional information from you, your Provider and Us within the thirty day period. In this case, the External Appeal Agent will have up to five additional business days to make a determination. In either scenario, the External Appeal Agent will notify you and Us, in writing, of the Appeal determination within two business days of making the determination.
Expedited: If your Physician states that a delay in providing the Health Care Service would pose an imminent or serious threat to your health, the External Appeal will be completed within three days of the request and the External Appeal Agent will make every reasonable attempt to immediately notify you and Us of its determination by telephone or facsimile, followed immediately by written notification of the determination.
Review Process
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Do not use this procedure to Appeal Medical Necessity determinations or Experimental and Investigatiional determinations.
Medical Necessity: For External Appeals requested in connection with a Health Care Service being deemed not Medically Necessary, the External Appeal Agent will review Our FAD and will make a determination as to whether We acted reasonably and with sound medical judgment and in your best interest. When the External Appeal Agent makes its determination, it will consider: Our clinical standards; the information provided concerning you; the attending Physician's recommendation; applicable and generally accepted practice guidelines developed by the federal government; or national or professional medical societies, boards and associations. Any such determination will: be conducted only by one or a greater odd number of Clinical Peer Reviewers. be accompanied by a notice of Appeal determination which will include the reasons for the determination. Where the FAD is upheld on Appeal, the notice will include the clinical rationale (if any) for the determination. be subject to the terms and conditions generally applicable to benefits under your Certificate. be binding on Us and you. be admissible in any court proceeding.
Experimental or Investigational: For External Appeals requested in connection with a Health Care Service that has been determined to be Experimental or Investigational, the External Appeal Agent will review the proposed Health Care Service or procedure for which coverage has been denied and, in accordance with the External Appeal Agent's investigational treatment review plan, make a determination as to whether the patient costs of such Health Care Service or procedure will be Covered by Us. Any such determination will: be conducted by a panel of three or a greater odd number of Clinical Peer Reviewers. be accompanied by a written statement that either: o upholds our denial of coverage; or o indicates that the patient costs of the proposed health service or procedure must be covered by Us either: when a majority of the panel of reviewers determines, upon review of the applicable Medical and Scientific Evidence (or upon confirmation that the recommended treatment is a Clinical Trial), your medical record, and any other pertinent information, that the proposed health service or treatment (including a pharmaceutical product) is likely to be more beneficial than any standard treatment or treatments for your Life-Threatening or Disabling Condition or Disease (or, in the case of a Clinical Trial, is likely to benefit you in the treatment of your condition or disease); or when a reviewing panel is evenly divided as to a determination concerning coverage of the health service or procedure. be subject to the terms and conditions generally applicable to benefits under your Certificate. be binding on Us and you. be admissible in any court proceeding.
With respect to a Clinical Trial, patient costs include all costs of Health Care Services required to provide treatment to you according to the design of the trial. Such costs do not include the costs of any investigational drugs or devices, the cost of any non-health services that might be required for you to receive the treatment, the costs of managing the research, or costs which would not be Covered under the policy for non-investigational treatments.
No External Appeal Agent or Clinical Peer Reviewer conducting an External Appeal will be liable in damages to any person for any opinions rendered by such External Appeal Agent or Clinical Peer Reviewer upon completion of an External Appeal unless such opinion was rendered in bad faith or involved gross negligence.
Part 2 - Grievance and Appeal Procedure - Benefit, Network and Administrative Issues
The Grievance and Appeal procedure is a procedure to be used after you have received an initial Adverse Determination concerning a claim for benefits or an administrative New York Handbook
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issue. Benefit issues include, but are not limited to: denials based on benefit exclusions or limitations and claims payment disputes. Administrative issues concern other requirements of your health plan. Administrative issues would include issues such as access to providers, eligibility or enrollment issues.
Please Note: Benefit and administrative issues do not include determinations concerning the Medical Necessity of Covered Services. If We have denied your claims or request for services because We believe the services are not Medically Necessary, do not use the Grievance Procedure. Please refer to Part 1 of this Section for information on how to file a UR Appeal.
Our Grievance and Appeal procedure provides for two levels of internal review by Us. A First-Level review by Us is called a Grievance. The Second-Level review is called an Appeal. The process may follow standard timeframes or may be done on an expedited basis.
An Expedited Grievance and Appeal Procedure is available and should be used when the standard timeframes for response would: significantly increase the risk to your life, health or ability to regain maximum function; or in the opinion of a doctor with knowledge of your health condition, cause you severe pain that cannot be managed without the care or treatment that was requested.
The Expedited Grievance and Appeal Procedure cannot be used to seek review of Adverse Determinations when the services have already been provided (Retrospective).
Grievance (First-Level Reviews)
While a Grievance may be filed by telephone or in writing, We strongly recommend that you or your Designee file your Grievance in writing. The written request will give Us a clearer understanding of the issues being Appealed. To initiate the Grievance regarding benefits and administrative issues (except for those related to quality of care) you or your Designee may call Us at 1-800-444-6222 or write to Us at:
Oxford Health Plans, P.O. Box 29134, Hot Springs, AR 71903-29134
Quality of Care: To initiate a Grievance concerning the quality of care you received from a Network Provider, you or your Designee must submit a written Grievance to Us at the following addresses:
Complaints Regarding Individual Providers and Facilities: Oxford Health Plans, Quality Care/Service Department, P.O. Box 400046, San Antonio, TX 78229
Complaints Regarding Dental Providers: Oxford Health Plans, Dental Department, 48 Monroe Turnpike, Trumbull, CT 06611
You or your Designee must submit any documentation/information already requested by Us (if not previously submitted) and any additional written comments and documentation/information you would like to submit in support of the Grievance. At the time of Our review, We will review all available comments, documentation and information.
Unless We have already issued a written determination, We will provide written acknowledgment of the receipt of your Grievance within 15 business days. The acknowledgment will include the name, address and telephone number of the department designated to review the Grievance.
Standard: All standard Grievances must be initiated by you or your Designee 180 days from receipt of an Adverse Determination (ie, an Explanation of Benefits, Denial Notice), or, for other issues, 180 days from the date when you became aware of the issue that initiated the Grievance.
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You or your Designee have 60 business days from the date you received notice of Our Grievance decision to file an Appeal.
Expedited: All requests for Expedited Grievances must be initiated within 45 days from when the condition necessitating the need for an Expedited Grievance arose. However, if We do not agree to an Expedited review, you may still submit a standard Grievance as described in this section.
We will provide you, or your Designee and/or Provider with Our written decision (by mail or electronic means) and the detailed reasons for Our decision including clinical rationale (if applicable) without releasing protected peer review information, and references to any specific Plan provisions on which Our decision was based or a written statement that insufficient information to reach a determination was presented or available as follows:
Requests for service (Precertification): Within 15 days of Our receipt of the Grievance. Coverage for services rendered (Retrospective): Within 30 days of Our receipt of the Grievance. Expedited Grievance (Urgent Care): Within 48 hours of receipt of all necessary information or 72 hours from receipt of the Grievance, whichever is shorter. Administrative matters concerning Our Network Providers: Within 45 days of Our receipt of all necessary information.
If We render an Adverse Determination, We will include information on how to file an Appeal (Second-Level Review) and how you can request, free of charge, reasonable access to, and copies of: documents, records, and other information relevant to your issue.
Appeals (Second-Level Review)
If you are dissatisfied with the First-Level Grievance decision, you or your Designee may submit an Appeal (request for a Second-Level Review). If an Appeal is clinical in nature, the review will include a licensed, certified or registered individual who did not review your First-Level Grievance. If the Appeal is administrative in nature, individuals of a higher level than those who reviewed the Grievance will resolve the Appeal.
To initiate an Appeal, You or your Designee must write to Us at:
Oxford Health Plans, Grievance & Appeal Review Board, 48 Monroe Turnpike, Trumbull, CT 06611
You or your Designee have 60 business days from the date you received notice of Our Grievance decision to file an Appeal. Unless We have already issued a written determination, We will provide written acknowledgment of the receipt of your Appeal within 15 business days. The acknowledgment will include the name, address and phone number of the individual designated to review your Appeal and what additional information, if any, must be provided for Us to render a decision.
Additionally, you or your Designee must submit any documentation/information already requested by Us (if not previously submitted) and any additional information you would like to submit in support of the Appeal. You may send written comments, documents, records or other information regarding the claim. At the time of Our review, We will review all available comments, documentation and information.
After consideration of all available information, We will make a determination in the following timeframes:
Requests for service (Precertification): Within 15 days of Our receipt of the Appeal. Coverage for services rendered (Retrospective): Within 30 days of Our receipt of the Appeal. Administrative matters concerning Our Network Providers: Within 30 days of Our receipt of all necessary information. A request for Urgent Care (Expedited): Within 2 business days of Our receipt of all necessary information when a delay would significantly increase the risk to your health.
This will be Our final position. You will be provided with a written or electronic determination notice containing the detailed reasons for Our decision including clinical rationale (if applicable), and references to any specific Plan New York Handbook
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provisions on which Our decision was based. We will also include information on how you can request, free of charge, reasonable access to, and copies of: documents, records, and other information relevant to your claim.
Part 3 Complaint Procedure
The Complaint Procedure is a mechanism used to provide you or your Designee with a method for submitting Complaints to Us. A Complaint is an expression of dissatisfaction with any aspect of Our or a Network Providers business operations, activities or behavior regardless of whether any remedial action is required. Types of Complaints concerning Our operations include Complaints about Customer Care, personnel, balance billing and complaints about privacy and HIPAA protected health information. Complaints about Network Providers may include quality issues, access to care and communication.
Please Note: Dissatisfaction with Referral, benefit and Medical Necessity determinations are not considered Complaints. Please refer to Part 1 of this section for information on the UR Appeal process and Part 2 of this section for information on the Grievance and Appeal Procedure for benefit, Network and administrative Issues.
Our Complaint Procedure provides for either one level of internal review by Us or, if an Appeal is available, two levels of internal review by Us. If you would like to file a formal Grievance regarding quality of care, you must use the Grievance procedures described in Part 2 of this section.
All Complaints must be filed with Us either verbally or in writing not later than 180 days from the date you became aware of the issue that initiated the Complaint. All requests to expedite the Complaint process must be made within 45 days from when the condition necessitating the need for an expedited Complaint arose, after which you may still submit a non-expedited Complaint within the timeframes described in this paragraph.
Verbal complaints:
Verbal complaints must be made by calling the telephone number listed on the back of your Oxford identification card. At the time of the call, you or your Designee must identify who is calling and indicate that you wish to file a Complaint. You must provide the specific nature of your Complaint and may be asked to provide other relevant information. We will attempt to resolve your Complaint at the time of the call. If a Complaint can be resolved on the phone, no further follow-up will be provided. An electronic record will be made of any verbal communication. To receive a written response to a Complaint, you or your Designee must submit the complaint in writing to Oxfords Correspondence Department.
Written Complaints:
You or your Designee may also write to Us at the following addresses:
Complaints Regarding Individual Providers and Facilities: Oxford Health Plans, Quality Care/Service Department, P.O. Box 400046, San Antonio, TX 78229
Complaints Regarding Dental Providers: Oxford Health Plans, Dental Department, 48 Monroe Turnpike, Trumbull, CT 06611
Complaints Regarding Our operations: Oxford Health Plans, Correspondence Department, P.O. Box 29135, Hot Springs, AR 71903
Complaints about PHI: Oxford Health Plans, Correspondence Department, P.O. Box 29135, Hot Springs, AR 71903
You or your Designee must submit the specific nature of your Complaint and any other relevant comments and documentation/information you would like to submit in support of your Complaint. We will review all comments, documentation and information available at the time of Our review.
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We will log and investigate the Complaint and provide a response verbally or in writing within 45 days of receipt of the information necessary to resolve the Complaint. Complaints involving clinically urgent matters will be resolved in a shorter timeframe.
There are some complaints that may not be resolved immediately or for which We may not be able to notify you or your Designee of the resolution. For these types of cases, at a minimum, We will notify you or your Designee that the Complaint was received and investigated.
If We have already responded to a complaint in writing, We will not respond to follow-up communications regarding the complaint.
If you remain dissatisfied with the outcome of your Complaint, you may have the right to file an Appeal. An Appeal is a request to change a previous decision made by Us. Appeal rights are available for those Complaints where an Adverse Determination is made. The formal Appeal process provides a method for addressing any Adverse Determination made by Us, including the outcome of a Complaint, if appropriate. For those Complaints where Appeal rights are available, We will inform the you or your Designee of your right to Appeal with the initial notification of the decision.
For example, if We have decided that you may not change your Primary Care Physician (PCP) when you want to do so, it is an adverse benefit determination and would be subject to Appeal. However, if you complain that your PCP or an Oxford Customer Care Associate was rude, there is no Adverse Determination to Appeal, even though We will follow-up on the Complaint.
For instructions on how to initiate an Appeal of a Complaint for which an Adverse Determination has been rendered, please refer to the Appeal (Second-Level) Review process in Part 2 of this section. Please note, you cannot waive the Appeal Second Level Review and request an External Review.
New York Handbook
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ERISA INFORMATION Government, church groups and certain association groups are not subject to ERISA and therefore this section may not apply. Please contact your employer for verification of whether this section applies to you.
General Information
Under the Employee Retirement Income Security Act of 1974 (ERISA), the Summary Plan Description (SPD) is the primary vehicle for informing participants about their rights and benefits under the employee benefit plans in which they participate. The Certificate of Coverage is not your SPD. Oxford, as the insurer, provides a Certificate of Coverage to you identifying specific benefit and administrative components of your Plan.
The Plan Administrator (generally the Plan Sponsor) is responsible for the publication and distribution of the SPD. Oxford is not the Plan Administrator or the Plan Sponsor. Generally the Plan Administrator or Plan Sponsor is your employer.
Statement of ERISA Rights
The following statement of ERISA rights is required by Federal law and regulations.
If your group is subject to ERISA, you are entitled to certain rights and protections. Under ERISA you are entitled to:
Receive Information about Your Plan and Benefits
Examine, without charge, at the Plan Administrators office, all documents governing the Plan, including insurance contracts and collective bargaining agreements, and a copy of the latest annual report (Form 5500 Series) filed by the Plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Pensions and Welfare Benefit Administration.
Obtain, upon written request to the Plan Administrator, copies of documents governing the operation of the Plan, including insurance contracts and collective bargaining agreements, and copies of the latest annual report (Form 5500 Series) and updated summary plan description. The Plan Administrator may make a reasonable charge for the copies.
Receive a summary of the Plans annual financial report. The Plan Administrator is required by law to furnish each participant with a copy of this summary annual report.
Continue Group Health Plan Coverage
Continue health care coverage for yourself, your spouse or your Dependents if there is a loss of coverage under the Plan as a result of a qualifying event. You or your Dependents may have to pay for such coverage. Review your Summary Plan Description and the documents governing the Plan on the rules governing your COBRA continuation coverage rights.
A reduction or elimination of exclusionary periods of coverage for preexisting conditions under your group health plan, if you have creditable coverage from another plan. You should be provided a certificate of creditable coverage, free of charge, from your group health plan or health insurance carrier when you lose coverage under the Plan, when you become entitled to elect COBRA continuation coverage, when your COBRA continuation coverage ceases, if you request it before losing coverage, or if you request it up to 24 months after losing coverage. Without evidence of creditable coverage, you may be subject to a Preexisting Condition exclusion for 12 months (18 months for late enrollees) after your enrollment date in your coverage. New York Handbook
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Prudent Actions by Plan Fiduciaries
In addition to creating rights for Plan participants, ERISA imposes duties upon the people who are responsible for the operation of the employee benefit plan. The people who operate your Plan, called fiduciaries of the Plan, have a duty to do so prudently and in the interest of you and other Plan participants and beneficiaries. No one, including your employer, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a welfare benefit or exercising your rights under ERISA.
Enforce Your Rights
If your claim for a benefit under the Plan is denied or ignored, in whole or in part, you have a right to know why this was done, to obtain copies of documents relating to the decision without charge, and to appeal any denial, all within certain time schedules. Please refer to the Grievances and Appeals Section of this Handbook for specific information.
Under ERISA, there are steps you can take to enforce your rights. For instance, if you request a copy of Plan documents or the latest annual report from the Plan Administrator and do not receive them within 30 days, you may file suit in federal court. In such a case, the court may require the Plan Administrator to provide the materials and pay up to $110 a day until you receive them, unless the materials were not sent because of reasons beyond the control of the Administrator.
If you have a claim for benefits that is denied or ignored, in whole or in part, you may file suit in a state or federal court. In addition, if you disagree with the Plans decision or lack thereof concerning the qualified status of a domestic relations order or a medical child support order, you may file suit in federal court. If it should happen that Plan fiduciaries misuse the Plans money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a federal court. The court will decide who should pay court costs and legal fees. If your suit is successful, the court may order the person you have sued to pay the costs and fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous.
Assistance with Your Questions
If you have any questions about your Plan, you should contact the Plan Administrator. If you have any question about this statement or about your rights under ERISA, or if you need assistance in obtaining documents from the Plan Administrator, you should contact the nearest office of the Pension and Welfare Benefits Administration, U.S. Department of Labor, listed in your telephone directory or: Division of Technical Assistance and Inquiries Pension and Welfare Benefits Administration U.S. Department of Labor 200 Constitution Avenue N.W., Washington, D.C. 20210.
You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Pension and Welfare Benefits Administration at 1-866-444-3272 or by logging onto their website at www.dol.gov/ebsa/publications. New York Handbook
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The amount of Copayments, Deductibles and Coinsurance vary by Plan design. Please check your Summary of Benefits for the specific amounts that apply to your plan. Copayments, Coinsurance and Deductibles accumulate separately between In- Network and Out-of-Network benefits (if available). How Covered Services are Reimbursed
This section is intended to educate you about how Covered Services are reimbursed and what your financial responsibility will be for Covered Services so that your experience with Oxford is a positive one.
Overview
The total reimbursement made by Oxford will be dependent upon the fee schedule applicable to your health benefits plan and your share of the costs. There may also be different levels of financial responsibility depending upon whether Covered Services are obtained through your In-Network or Out-of-Network benefits (if available). Generally, you will be responsible for paying a higher portion of your medical expenses when you obtain Out-of- Network benefits. Please refer to your Summary of Benefits to determine if your Plan includes Out-of-Network benefits.
Your share of the costs will depend upon your plan design and could include the following:
Copayments: The Copayment is a specific amount that you are required to pay directly to a Provider for In-Network Covered Services at the time those Covered Services are rendered.
Deductibles: The amount that you must pay for Covered Services before reimbursement under this Certificate is available. Please refer to the Claims Procedures Section of the Certificate of Coverage for information on how your Deductible is calculated
Coinsurance: The percentage of the UCR Fee Schedule (as defined in the Definitions Section of your Certificate of Coverage) for Covered Services that you are required to pay to a Provider once any applicable Deductibles have been met.
Out-of-Pocket Maximum: Out-of-Pocket Maximums limit the amount of Coinsurance and Deductible you will pay in any Plan Year. Once the Out-of-Pocket Maximum (shown in your Summary of Benefits) is reached for a Plan Year, We pay 100% of the UCR Fee Schedule for Covered Services for the remainder of that year.
Amounts Greater Than UCR Fee Schedule: When receiving Covered Services from Providers who are not in Our Network, you will be responsible for all amounts that exceed the UCR Fee Schedule. Please Note: Any amount you pay for Out-of-Network charges that exceed the UCR Fee Schedule do not count toward the Out-of-Pocket Maximum.
Oxford does not reimburse claims We have determined to be fraudulent.
In-Network Covered Services
In-Network benefits are provided through arrangements with Network Providers. We will reimburse the Network Provider directly when you receive Covered Services.
Your Share of In-Network Costs: When you follow the In-Network guidelines and obtain all required Referrals, where applicable, Covered Services will be subject to the Out-of- Pocket Expenses set forth in your Summary of Benefits. When receiving Medically Necessary Covered Services from a Network Provider, you will only be obligated to reimburse the applicable Out-of-Pocket Expenses listed in your Summary of Benefits. Any services you receive from Non-Network Providers will not be Covered unless your plan includes Out-of-Network coverage. Please refer to your Summary of Benefits to determine if you have Out-of-Network Coverage.
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Overview of Network Reimbursement Methodologies:
Physicians: More than 90% of Our Network Physicians are reimbursed on a discounted fee-for-service basis. The fee schedules are based upon a combination of the following factors:
Information obtained from discounted Ingenix, Inc. Prevailing Healthcare Charges System (PHCS) (formerly the Health Insurance Association of America (HIAA) database) based physician charge data and fees. The charge data and fees are calculated using a Resource Based Relative Value Scale (RBRVS) Methodology with an Oxford specific conversion factor.
Fees are also adjusted by geographic region.
The fee schedules are periodically updated based upon Our analysis of prevailing charges of other managed care organizations and products in the markets We serve.
These Network Physicians are not currently subject to any Incentive Agreements. In general, Withholds and Bonuses are known as Incentive Agreements. Under such agreements, Providers are paid less (a percentage of their fee is withheld) or paid more (in the form of a bonus), based on a combination of factors that may include: Member satisfaction, quality of care, control of costs, and their use of services.
Additionally, these Network Physicians are not Capitated. The terms Capitated or Capitation are used to describe when a set dollar amount, per Member, is paid to the Provider regardless of the amount of services supplied. Usually, the set amount is paid to the Provider each month and is based on the number of Members for whom the Provider is responsible.
Less than 10% of Our Network Physicians are voluntarily aligned with other Network Physicians in loose-knit groups or in more formal organizations that either:
accept compensation based upon a predetermined budget for the cost of Covered Services to Members, or are subject to an Incentive Agreement (bonus) based on quality and utilization measurements.
Limited License Practitioners: We use the fee schedule that is used by Medicare to reimburse Limited License Practitioners (non-Physician healthcare professionals). Network Limited License Practitioners are not subject to a Withhold or any other Incentive Agreement. Our Network Limited License Practitioners are not Capitated.
Laboratory Services: We have negotiated a Capitation agreement with LabCorp to provide outpatient laboratory tests for the majority of Our Members, with no Out-of-Pocket Expense to Our Members.
Hospitals and Other Facilities: Reimbursement to Network Facilities is made on a discounted fee-for-service basis in accordance with individually negotiated agreements. We do not have Capitation agreements or Incentive Agreements with any of Our Network Facilities.
Effect Of Network Reimbursement Policies: We have established all of the above-described reimbursement methodologies for the dual purpose of:
ensuring the appropriate level of healthcare utilization while maintaining quality of care, and controlling the cost of health services, including hospitalization.
We believe that the implementation of these reimbursement methodologies has produced the results they were designed to accomplish (i.e., high quality and cost effective delivery of care). Through the application of Our Quality Assurance protocols, We continuously monitor Our Providers to ensure that Our Members receive a high standard of care.
New York Handbook
OHINY MH LS 906 6632 NY OHI Small Liberty EPO Handbook 9.12 32
Please refer to your Summary of Benefits to determine if Out-of-Network benefits are available. Please refer to your Summary of Benefits to determine the level of reimbursement your Group has purchased. Out-of-Network Covered Services
If Out-of-Network benefits are available under your Plan, such benefits will be reimbursed according to the UCR Fee Schedule applicable to your health plan, and the Deductible and Coinsurance amounts shown in your Summary of Benefits.
The UCR Fee Schedule is a compilation of the maximum allowable fees for Covered Services, supplies and drugs. The maximum allowable fee on the UCR Fee Schedule will be the lesser of:
the amount charged; or the amount the Provider agrees to accept as reimbursement for the particular Covered Services; or the amount that, in Our sole discretion, is the Usual, Customary and Reasonable (UCR) fee for particular Covered Services.
The UCR Fee Schedule which applies to your Plan depends upon the level of reimbursement your Group has purchased, (i.e., standard plan, high plan, very high plan, percentage of Medicare fee schedule, etc.). We will update the UCR Fee Schedule from time to time, which may result in an upward or downward adjustment for a particular fee.
How Out-of-Network Fee Schedules are Established: In evaluating and establishing a particular UCR Fee Schedule, We consider data and guidelines (including re-bundling guidelines) compiled by
Centers for Medicare and Medicaid Services (CMS), Ingenix, Inc., and other sources recognized by the health insurance industry and federal government payers of health care claims, as a basis for evaluating and establishing fees for Covered Services, supplies, and/or drugs.
When We use Ingenix fee data as the basis for a fee in the UCR Fee Schedule, we will use the Ingenix Prevailing Healthcare Charges System (PHCS) data (formerly known as the HIAA database) or another comparable database if the PHCS database no longer exists.
The UCR Fee Schedule for Covered injectible drugs (i.e., J-Code drugs) will be based upon a percentage of Average Wholesale Price (AWP) or Average Sales Price (ASP). If your UCR Fee Schedule uses AWP data, We will use Medicares methodology to select the AWP. Retail and mail order pharmacy benefits are not covered on an Out-of- Network basis and take-home drugs will not be reimbursed when dispensed by your doctor, a hospital pharmacy or any other Provider.
Normally, the data We will consider when compiling the UCR Fee Schedule for Covered Services will be based upon the geographic location where the services are provided or, when outside of Our Service Area, will be based on a locale that in Our discretion is comparable. Some data sources considered by Us do not report or collect data based upon geographical location and when such data sources are considered and utilized by us to establish the UCR Fee Schedule, the UCR fees will not be based on geographical data.
The data We choose to consider and the UCR fees we establish will be based upon the plans level of reimbursement which is purchased by an employer for the benefit of the employers group plan, (i.e. a standard, high or very-high plan).
We will implement policies and procedures as needed, to further describe the methodology We choose to use when establishing the UCR Fee Schedule. Upon written request, We will provide any available additional information about how We established the UCR fee schedule applicable to your plan. The UCR Fee Schedule for Covered Services, supplies and/or drugs which We choose to establish for your product will be adjusted in accordance with the methodology described in Our policies and procedures.
New York Handbook
OHINY MH LS 906 6632 NY OHI Small Liberty EPO Handbook 9.12 33
For more information on the following policies, please refer to Our website: Reimbursement Methodology for Comprehensive and Component Codes Modifiers Distinct Procedural Service (Modifier -59) Multiple Surgical Procedures (Modifier - 51) Bilateral Procedures
Your Financial Responsibility for Out-Of-Network Services: In addition to any amounts you may be required to contribute toward the Premium, you are responsible for any amounts above the UCR Fee Schedule and the following:
Deductibles and Coinsurance: When you choose to use Non-Network Providers or In-Network Providers without obtaining a Referral (if required), your portion of the medical expenses will in most instances include a Deductible and Coinsurance.
Out-of-Pocket Maximum: Out-of-Pocket Maximums limit the amount of Coinsurance and Deductible you will pay in any Plan Year. Once the Out-of-Pocket Maximum (shown in your Summary of Benefits) is reached for a Plan Year, We pay 100% of the UCR Fee Schedule for Covered Services for the remainder of that year.
For example: A plan carries a $1000 Deductible plus Coinsurance of 20% and the Out-of-Pocket Maximum for the plan is $2,000 for an individual Member. When the Member pays the $1000 Deductible and 20% of the next $5,000 worth of Covered Services, the Member will have paid "out-of-pocket" $2000. Having reached the maximum, We would reimburse the remaining Covered Services for that Plan Year at 100% of the UCR Fee Schedule or the dollar limit in your Summary of Benefits without applying any additional Coinsurance obligation.
You still are responsible to reimburse the Provider for any amounts he/she charges above the UCR Fee Schedule and for any non-Covered Services.
For example: You have paid the necessary amount to meet your Deductible, however you have not yet reached your Out-of-Pocket Maximum and your Plan requires a 20% Coinsurance for Covered Services received Out-of-Network. Your Out-of-Network Provider charges $500 for a Covered Service. The UCR Fee Schedule amount applicable to your plan for that Covered Service is $400. In this case, you will be responsible for 20% of the $400 allowed by the UCR Fee Schedule ($80) in addition to the amount charged in excess of the UCR Fee Schedule ($100). Your total out-of-pocket expense will be $180.
Certain Out-of-Network services are subject to a penalty when a required Precertification is not obtained. Any Precertification penalties you pay do not accumulate towards your Out-of-Pocket Maximum. Additionally, if you have reached your Out-of-Pocket Maximum, you will still be subject to the Precertification penalty for the benefits received.
For example: A Member has reached her Out-of-Pocket Maximum and submits a claim for a surgical procedure for which required a Precertification which was not obtained. The claim is for $1000 and the UCR Fee Schedule amount is $1000. The penalty under the Members plan is 50%. After review for Medical Necessity, Oxford reimburses $500 and the Member is responsible for the penalty. If the Precertification had been obtained prior to receiving the services, Oxford would have reimbursed $1000 for the surgery.
Fee Schedules for Comprehensive Services
Oxford will reimburse the comprehensive procedure code that fully describes the entire service you receive, rather than the component, incidental or mutually exclusive procedure codes billed by a provider. Thus, the reimbursement for the component, incidental or mutually exclusive procedure codes is included within the Fee Schedule amount for the comprehensive procedure. Oxford uses a re-bundling software package assembled by IntelliClaim to make these determinations. There are a limited number of instances when Oxford will reimburse for the component or incidental codes separately.
New York Handbook
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For more information on the following policies, please refer to Our Website: Physician Extender Outpatient Mental Health for Commercial Members
Fee Schedules for Multiple Procedures
There may be times when two or more surgical procedures are performed during the same operating session. There is a savings associated with performing multiple procedures during the same operating session, including the use of one operating tray.
Oxfords Fee Schedules list the fees for the procedure as if each procedure were performed alone. When multiple procedures are performed during the same operating session, the Fee for the primary procedure will be 100% of the Fee Schedule amount and for all other surgical procedures (secondary procedures), the Secondary Fee Schedule amount will be 50% of the Fee Schedule amount had the procedure been performed alone. We will consider the procedure with the highest UCR Fee Schedule amount to be the primary procedure. All other procedures performed during the operative session are multiple procedures. There are a limited number of instances when Oxford will reimburse more than one procedure as the primary procedure.
Fee Schedules for Bilateral Procedures
Bilateral procedures (typically surgeries) are the same procedures performed on both the left and the right side of the body (e.g., bunionectomy surgery on both feet) or the left and right members of paired organs (e.g., hernia). CMS has determined that certain procedure codes identify bilateral procedures (e.g., a vision test is performed on both eyes) while other procedures identify unilateral procedures that are performed on one side of the body. Oxford's Fee Schedules generally apply to unilateral procedures, unless CMS has specifically identified the procedure code as bilateral. Where CMS has identified the procedure as bilateral, it will be reimbursed in accordance with the Fee Schedule for that service. When a unilateral procedure is performed bilaterally, Oxfords Bilateral Fee Schedule will be one and one-half times (150% of) the unilateral allowance. There are some procedures that cannot be performed bilaterally. If such a procedure is billed as a bilateral procedure, Oxford will correct the coding error and process the claim in accordance with the applicable Fee Schedule. Fee Schedules For Non-Physician Healthcare Professionals
The Fee Schedules have been established based upon the principle that the services you receive will be supplied by a licensed Physician. Adjustments are made to the Fee Schedules when Covered Services are provided by non- Physician healthcare professionals.
There may be times when certain Covered Services will be provided by medical personnel, other than a licensed Physician. A Physician extender is specially trained and certified to provide basic medical services under the supervision of a licensed Physician. Physician Extenders may order tests and make Referrals (if required) related to the Members medical needs. Physician Extenders function as an agent of the Physician. Physician Extenders include, but are not limited to, nurse practitioners, physician assistants, certified nurse midwives, certified registered nurse anesthetists, registered nurse first assistants and clinical nurse specialists.
There may be times when Covered mental health services will be provided by a licensed mental health practitioner who is not a medical doctor. In addition to psychiatrists who are medical doctors, psychologists who have a PhD or PsyD, Social Workers and Advanced Practice Registered Nurses may perform certain services.
Our Reimbursement Policy provides reimbursement for such Physician Extenders, social workers and psychologists as follows:
for nurse practitioner services, clinical nurse specialist services and physician assistant services that are non-surgical,
85% of the Out-of-Network Reimbursement Amount or In-Network contracted fee; for services as an assistant surgeon performed by a nurse practitioner, clinical nurse specialist, registered nurse first assistant, and physician assistant 14% of the Out-of-Network Reimbursement Amount or In-Network contracted fee; New York Handbook
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For more information on the following policies, please refer to Our Website: Global Surgical Package Modifier -25 Pro-rating Maternity Claims Technical Component and Professional Component (TC/PC)
for certified registered nurse anesthetist and anesthesia assistant services,
50% of Out-of-Network Reimbursement Amount or In-Network contracted fee; for certified nurse midwife services,
100% of the Out-of-Network Reimbursement Amount or In-Network contracted fee; for advanced practice registered nurse services, social worker services, psychologists services and advance licensed professional counselor services for behavioral health,
85% of the Out-of-Network Reimbursement Amount or In-Network contracted fee; and Covered drugs (including vaccines, flu shots, antibiotics, etc.) and devices are reimbursed at 100% of the Out-of-Network Reimbursement Amount or In-Network contracted fee when provided by Physician Extenders.
Co-Surgeons or Assistant Surgeons
There may be times when it will be Medically Necessary for an additional surgeon to assist during a particular surgical procedure or when there is no primary surgeon and two or more surgeons (co-surgeons) perform a particular surgery. The Out-of-Network Reimbursement Amounts are calculated based on the principle that the services you receive will be supplied by a single primary surgeon.
Our Reimbursement Policy makes adjustments to the Out-of-Network Reimbursement Amount or In-Network contracted fee when Covered Services are provided by a surgeon other than the primary surgeon. Payments for professional services to a surgeon other than the primary surgeon will be made as follows:
assistant surgeons at 14% of the Out-of-Network Reimbursement Amount or In-Network contracted fee for that procedure, and co-surgeons at 62.5% of the Out-of-Network Reimbursement Amount or In-Network contracted fee for that procedure.
The percentage for team surgeries with more than two surgeons will be reviewed on an individual basis prior to the surgery to determine the percentage of the Out-of-Network Reimbursement Amount or In-Network contracted fee which is eligible for reimbursement to each surgeon. .
Reimbursement for Global Periods
A global period for surgical procedures is a long-established concept under which a "single fee" is billed and paid for all services furnished by a surgeon before, during and after (e.g., follow-up visits) the procedure, regardless of where the service is performed (e.g., hospital, ambulatory surgery center, physicians office). Oxford will reimburse a global fee for all surgical procedures assigned a time frame by CMS in the Medicare Fee Schedule Data Base (MFSDB) which indicates the number of days that make up the global timeframe. Any evaluation and management procedures performed and certain supplies provided within the follow-up period will not be reimbursed separately, as the payment for these services and supplies are included in the reimbursement for the surgical procedure.
There are a limited number of instances when Oxford will reimburse for services and supplies provided during the global period.
Fee Schedule For Maternity Claims: The global fee for routine maternity care, includes all services, including the period of time prior to delivery that includes all office and hospital visits following the initial diagnosis of pregnancy, delivery and postpartum services.
If during a pregnancy, you obtain services from a different Provider, the services may be prorated. If possible, services are split into delivery/postpartum services and pre-delivery services. The billed amount is proportionately distributed to each new prorated CPT code. Each trimester is calculated at 13.6% (.136) of the Fee Schedule and the delivery/postpartum is calculated at 59.2% (.592) of the Fee Schedule. New York Handbook
OHINY MH LS 906 6632 NY OHI Small Liberty EPO Handbook 9.12 36
Splitting Global Fees Into Technical and Professional Components: There are certain types of services, such as the taking and reading of an x-ray which include both physician services and the facility services. Oxfords Fee Schedules list the global reimbursement for the service (professional services + technical services = global).
Some full service Providers will be reimbursed the global fee. There may be times when the physician services otherwise known as the professional component, will be billed separately from the facility services otherwise known as the technical component. The professional component or physician services would normally include the reading, examination or interpretation of the specimen or procedure. The technical component would normally include attaining the specimen, performing procedure, or taking an x-ray or other imaging procedure.
When the professional component and/or technical component services are billed separately, We will split the global fee between the physician and the facility. The percentage of the global fee allocated to each component is calculated based upon CMS guidelines. Our claims system is programmed to make this calculation automatically.
New York Handbook
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Notification of Federal Legislation
The Newborns and Mothers Health Protection Act of 1996 (NMHPA)
NMHPA was signed into law on September 26, 1996, and applies to Plan years beginning on or after January 1, 1998. Key provisions of NMHPA are as follows:
Group health plans and health insurers generally may not, under Federal law, restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, Federal law generally does not prohibit the mothers or the newborns attending provider, after consulting with the mother, from discharging the mother or newborn earlier than 48 hours (or 96 hours as applicable). In any case, plans and issuers may not, under federal law, require that a Provider obtain authorization from the plan or the insurance issuer for prescribing a length of stay not in excess of the above periods.
NMHPA does not prevent a group health plan, insurance company or HMO from imposing Deductible, Coinsurance, or other cost-sharing measures are not greater than those imposed on any preceding portion of the hospital stay.
Womens Health and Cancer Rights Act of 1998 (WHCRA)
WHCRA was signed into law on October 21, 1998, and applies to Plan years beginning on or after that date. WHCRA provides that, in the case of a participant or beneficiary who is receiving benefits under a group health plan in connection with a mastectomy and who elects breast reconstruction, coverage under the Plan will be provided in a manner determined in consultation with the attending physician and that patient for:
Reconstruction of the breast on which the mastectomy was performed; Surgery and reconstruction of the other breast to produce a symmetrical appearance; and Prostheses and treatment of physical complications at all stages of the mastectomy, including lymphedemas.
Under WHCRA, coverage of breast reconstruction benefits may be subject only to deductibles and coinsurance limitations consistent with those established for other benefits under the plan. New York Handbook
OHINY MH LS 906 6632 NY OHI Small Liberty EPO Handbook 9.12 38
Evaluating New Medical Technology
The following information is intended to help you understand Oxfords process for evaluating new medical technologies. The results of the evaluation are incorporated into Our clinical policies and procedures.
New medical technology is defined as a newly approved drug or medication, a new surgical procedure, or new medical equipment. Oxford continually assesses new medical technologies to make sure that Members have appropriate access to the latest and most effective medical treatment available.
Oxfords Healthcare Services Department, led by experienced physicians representing multiple specialties, evaluates new medical technology. The process begins with a review of the medical literature and other technical research. The clinical staff also seeks opinions from leading physicians and specialists in the community who have knowledge and expertise regarding how new medical technology will be used.
Once a thorough review of the available information has been conducted, Oxfords senior medical staff meets to decide whether or not to cover the new medical technology. Once the policy regarding the new technology is finalized, and implemented, Oxford notifies network physicians and other customers, as appropriate. New York Handbook
OHINY MH LS 906 6632 NY OHI Small Liberty EPO Handbook 9.12 39
Member Rights and Responsibilities
This explains your Rights and Responsibilities as an Oxford Member in terms of what you are entitled to (your rights) from Oxford and Our Network Providers, as well as what you are responsible for in terms of your treatment and your interactions with Oxford.
As a Member, you have the following rights:
1. The right to obtain complete and current information concerning a diagnosis, treatment, and prognosis from any Network Provider in terms that you or your Designee can readily understand. If appropriate, this information will be made available to another person acting on your behalf. You have the right to be given the name, professional status, and function of any personnel delivering Covered Services to you.
The right to receive all information from a Network Provider necessary for you to give informed consent before the start of any procedure or treatment.
The right to refuse treatment to the extent permitted by law. We and your Network Provider will make every effort to arrange a professionally acceptable alternative treatment. However, if We and your Network Provider believe no professionally acceptable alternative exists, We will not be responsible for the cost of further treatment for that condition. You will be notified accordingly.
2. The right to be provided with accurate, relevant information about Us, Our services, policies, procedures, grievances and appeals, Network Providers, and Members rights and responsibilities in an easily understood manner and to make recommendations regarding Our Members rights and responsibilities policies.
3. The right to access quality healthcare services, provided in a professional manner that respects your dignity and protects your privacy.
4. The right to privacy and confidentiality of your health records, except as otherwise provided by law or contract. You have the right to all information contained in your medical records unless access is specifically restricted by the attending Physician for medical reasons. Please refer to the privacy and confidentiality material enclosed with the Certificate of Coverage for more information.
5. The right to initiate disenrollment from the Plan in accordance with Plan provisions.
6. The right to file a formal grievance or appeal if complaints or concerns arise about Our medical or administrative services or policies.
7. The right to access Medically Necessary Covered Services without unnecessary delay, including Emergency and Urgent Care Services 24 hours a day, seven days a week.
8. The right to be advised if any Network Providers participating in your care proposes to engage in or perform human experimentation or research affecting your care or treatment. You or your Designee may, at any time, refuse to participate in or to continue in any experimentation or research program to which you have previously given informed consent.
9. The right to participate in decision-making regarding your healthcare. This includes the right to candid discussions of appropriate or Medically Necessary treatment options for your conditions regardless of cost or benefit coverage.
10. The right to create an Advance Directive. An Advance Directive is a written, signed document that provides instructions for your care if you are unable to communicate your wishes directly. Depending on the state where you reside or are receiving treatment, the most common forms of Advance Directives are Living Wills and New York Handbook
OHINY MH LS 906 6632 NY OHI Small Liberty EPO Handbook 9.12 40
Durable Powers of Attorney. These documents instruct your healthcare Providers how to proceed if you cannot communicate with them.
If you decide to execute an Advance Directive you should notify all of your regular Providers and a copy of the item should be placed in your medical files. In addition, you should have some way of notifying police and emergency medical personnel that you have made an Advance Directive. For example you may want to keep a card in your wallet or purse.
You are not required to make an Advance Directive. If you do decide to make one, please note that you are free to amend or cancel it at any time.
11. The right to sign language interpreter services in accordance with applicable laws and regulations, when such services are necessary to enable you as a person with special communication needs to communicate effectively with your Provider.
Should you have any difficulty in arranging for such services, please contact Us. We can also arrange for TTY services. To receive payment for said service(s), please have your provider mail Us an invoice from the translation service.
As a Member, you have the following responsibilities:
1. To enter into this Plan with the intent of following the policies and procedures as outlined in this Handbook, the Summary of Benefits, and the Certificate.
2. To take an active role in your healthcare through maintaining good relations with your PCP and other Providers and following prescribed treatment guidelines.
3. To provide, to the extent possible, information that Providers and Our staff needs in order to care for you as a Member.
4. To understand your health problems and to participate in developing mutually agreed-upon treatment goals to the extent possible.
5. To use the Emergency Room only as described in the Certificate.
6. To notify Us of any change in name, address or any other important information. New York Handbook
OHINY MH LS 906 6632 NY OHI Small Liberty EPO Handbook 9.12 41
Information on the Web
By logging on to www.oxfordhealth.com you can:
Search for a participating Oxford Provider, hospital, healthcare facility or pharmacy.
Review your claims and Referral status, or find out about Oxfords medical and administrative policies.
Review your Member Handbook and Summary of Benefits to learn about your Covered Services, Out- of-Pocket Expenses, and benefit limitations.
Change your address and change your PCP.
Obtain forms for Claims, exercise facility reimbursement, and student verification.
If you have pharmacy coverage through Oxford, you can obtain forms for Prescription Drug Reimbursement, Home Delivery (mail order), and view or request a copy of Oxfords Drug Formulary.
Request copies of Member materials including Provider Rosters, self-help materials or new Identification Cards.
Visit the oxfordhealth Center, an online health and wellness resource center which allows you to access up to date information on a myriad of healthcare topics.
New York Handbook
OHINY MH LS 906 6632 NY OHI Small Liberty EPO Handbook 9.12 42
Information Available Upon Request
As an Oxford Member, We will provide you with the following information upon your request:
! Copies of your Certificate, Handbook, Summary of Benefits, applicable Riders or a Roster. The Roster is a tool to assist you in locating Network Providers.
! Our Annual Report which contains: a list of the names, business addresses and official positions of Our Board of Directors, officers, controlling persons, and owners;
! Our most recent annual certified financial statement that includes a balance sheet and a summary of receipts and disbursements;
! A description of Our procedures for maintaining confidentiality of medical records and other enrollee information;
! Information about our quality assurance program. For a description of this program please refer to the attachment titled Information About Your Oxford Coverage.
! A copy of Our Medical Policy regarding a specific disease or course of treatment, an experimental or investigational drug, medical device or treatment in clinical trials. You may also request written clinical review criteria and other clinical information We may use during the Utilization Review process. Please Note: Requests for Medical Policies must relate to a valid medical need.
! A listing of Our Network Providers who speak languages other than English.
! The information We provide to the state regarding Our consumer complaints as required by Section 210 of the Insurance Law.
! A copy of Our Individual HMO Contract and Member Handbook or Personal Plan Contract.
! A copy of the application procedures and qualification requirements for Our Network Providers.
! Information about Our Network Provider affiliations with Network Hospitals.
! If you have pharmacy coverage through Oxford, a copy of Our drug formulary. You may also inquire if a specific drug is Covered or excluded under your Prescription Drug benefit.
Additionally, please see the Section titled Information on the Web for information that can be accessed by using Our website, www.oxfordhealth.com.
New York Certificate OHINY EPO 4/03 6632 NY Small Metro Liberty Oxford Exclusive 9.12
OXFORD HEALTH INSURANCE, INC.
NY Small Liberty Oxford Exclusive Plan Metro
Certificate of Coverage & Member Handbook
New York Certificate OHINY EPO 4/03 2 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 CERTIFICATE OF COVERAGE ("Certificate") for OXFORD HEALTH INSURANCE, INC.("Oxford")
Please read this entire Certificate carefully, including your Summary of Benefits which contains information specific to your Group. These documents, and any attached riders, describe your rights and obligations and those of Oxford.
Under this Certificate, you engage Oxford to make arrangements through which medical and hospital services will be delivered in accordance with the terms and conditions of this Certificate and in reliance upon the statements you made in your application for coverage. Oxford agrees with the Group to provide the Covered Services set forth in this Certificate, as may be amended from time to time by Oxford or the Group's Board of Directors or similar body. Please note:
This Certificate and any riders, schedules or attachments have been delivered in consideration of the Group's timely payment of Premiums.
No services are Covered under this Certificate in the absence of current payment of Premiums, subject to a 30-day Grace Period and the terms and conditions of the Certificate.
No services are Covered under this Certificate unless your coverage is in force at the time you receive services.
In some instances a medical procedure may not be Covered or may require Precertification. It is your responsibility to understand the terms and conditions in this Certificate.
This Certificate replaces any older Certificate issued to you which provided coverage under the Plan.
This Certificate is not in lieu of and does not affect any requirements for coverage by Workers' Compensation Insurance.
This Certificate is governed by the laws of the State of New York.
Please Note: Unless otherwise expressly indicated in this Certificate, coverage will cease upon the termination of this Certificate. Benefit changes are effective on the renewal date of this Certificate. Benefits do not vest.
New York Certificate OHINY EPO 4/03 3 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 I mpor t ant Tel ephone Number s and Addr esses
CUSTOMER CARE 800-444-6222 MEDICAL EMERGENCIES AND URGENT CARE MEDICAL MANAGEMENT COORDINATOR (AFTER 5:00 P.M)
*Customer Care and claims representatives are available Monday through Friday, 8 a.m. to 6 p.m.
IMPORTANT ADDRESSES
CLAIMS
Oxford Health Insurance, Inc. P.O. BOX 29130 Hot Springs, AR 71903-29130
APPEALS AND GRIEVANCES
Correspondence Department P.O. BOX 29135 Hot Springs, AR 71903-29135
Grievance Review Board 48 Monroe Turnpike Trumbull, CT 06611
Secretary of the Grievance Review Board 48 Monroe Turnpike Trumbull, CT 06611
Clinical Appeals 48 Monroe Turnpike Trumbull, CT 06611
Oxford Health Plans Internet Address www.oxfordhealthplans.com
Mental Health/Substance Abuse Clinical Appeals OptumHealth Behavioral Solutions Attn: Appeals Department 1900 E. Golf Rd. Suite 300 Schaumburg, IL 60173
Please note: You can request additional information about Oxford and your coverage under this Certificate. Upon your written request, We will provide information pertaining to: Our Provider reimbursement methodologies, Our Quality Assurance program, Our Utilization Review Department and Our individual products.
CUSTOMER CARE
Please feel free to contact Our Customer Care Department with any questions, issues or concerns you may have. In addition, we welcome your input and suggestions on how we can improve Our administrative polices. You can reach one of Our representatives Monday through Friday, from 8:00 to 6:00 at the number listed in the front of the handbook. If you have a question and prefer to speak in a language other than English, please call Our Customer Care Department to make arrangements to speak with one of Our translators. When the Member Service Associate answers your call please say Spanish (or the language you require). The Representative will place your call on hold while they make arrangements with the appropriate translator. Do not hang-up! With the help of the translator, the Representative will be able to answer your questions
SPANISH
Si necesita ayuda y prefiere informacin en Espaol por favor llame al 888-201-4133.Cuando nuestro representante conteste la llamada diga Spanish, Please o pida el lenguaje que usted necesite. Nuestro representante pondr su llamada en espera, no cuelgue el telefono. Nuestro representante regresar a la lnea muy pronto y tendr a su disposicin un traductor. Con la ayuda de el traductor, nuestro representante podr contestar sus preguntas.
CHINESE
New York Certificate OHINY EPO 4/03 4 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 RUSSIAN
New York Certificate OHINY EPO 4/03 5 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 Get t i ng St ar t ed
At Oxford, We recognize that trying to understand your health care coverage can be difficult. This document contains a detailed description of your Plan. You should be familiar with all of the Plan's terms and conditions. They determine what coverage you have and what amounts We will pay.
We also understand that you may need care before you have the time to read and understand this Certificate. To assist you, the following summary may be helpful.
1. Primary, Preventive and Specialist Care
This product does not have a gatekeeper, usually known as a Primary Care Physician. You may see any Network Provider for Primary, Preventive or Specialist Care. You will never need a referral from a Network Provider or from Us.
All you need to do to access care is make sure that the Provider you are planning to visit is a Network Provider.
To find out if a Provider is contracted with Us you can:
check your Provider Roster; call Customer Care; or visit Our Website.
Please Note: While you may obtain Primary and Preventive Care Services from any Network Provider, We encourage you to use those Providers who specialize in this type or care and are the best prepared to provide these services. We recommend that you obtain Primary and Preventive Care Services of the following types of Providers:
Family Practitioners General Practitioners Internists Pediatricians OB/GYNs (as well as nurse practitioners and nurse midwives)
When you use these Network Providers for such services:
We believe you are receiving the best level of care possible; and
You will be charged a smaller Copayment (visits to Specialist require a higher Copayment than visits to the Providers listed above).
Important: Using one of these Network Providers for such care does not create a patient Primary Care Physician relationship. You cannot select a PCP. The Network Providers accessed for Primary and Preventive Care will not be responsible for coordinating your care. While they may make recommendations or suggest that you visit a Specialist, they will not provide referrals.
You must decide when and how to access services throughout the network; without referrals or anyone coordinating your care. Therefore, it is your responsibility to be certain that you visit only Network Providers. Except for Medical Emergencies, and Precertified visits to Out-of-Network Providers, only services provided by a Network Provider are Covered. If you obtain Covered Services from a Non-Network Provider, you will be responsible for the entire cost of the services.
2. Hospitalizations and Inpatient Facility Services
If a Network Provider recommends Hospital or surgical services, he or she will need to obtain authorization from Us before such services can be performed. This process is referred to as Precertification. Before entering the Hospital, you may want to check with Customer Care to verify that the Hospital is a Network Provider and that the services have been Precertified.
3. Emergencies and Urgent Care
If you have a Medical Emergency, you should obtain medical assistance immediately or call 911. Emergency room care is not subject to Our prior approval. However, only Medical Emergencies, as defined in this Certificate, are Covered in an emergency room. Therefore, if you are not certain that you need to visit the emergency room, you can call Our Medical Management Coordinators. They are available 24 hours a day, 7 days a week. The Coordinator will direct you to the emergency room of a Hospital or other appropriate facility.
For Urgent Care services, you must call Our Medical Management Coordinators and follow the instructions you will be given. When this procedure is followed, your Urgent Care will be Covered in full, less any required Copayment. This coverage will be provided regardless of where you are (in or out of the Service Area) when the need for Covered Services occur.
4. Customer Care
All coverage is subject to the terms and conditions contained in your Plan documents. You should understand your rights and obligations before you obtain services. If you have questions, Customer Care will be pleased to help you.
Customer Care would also like to hear your suggestions on how We can improve. Your comments will be taken into consideration when Our administrative policies are developed or revised. Please feel free to write or call Customer Care. The Member Service Representative who receives your comments and suggestions will forward them to the appropriate Oxford committee for consideration. We will also inform you of the committees response.
5. More Information About Oxford Health
As an Oxford Member, you automatically receive a Certificate, the attachment Information About Your Oxford Coverage, a Summary
New York Certificate OHINY EPO 4/03 6 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 of Benefits and a Provider Roster. Please note, you can request additional information about Oxford and your coverage under this Certificate. Upon your written request, We will provide any or all of the following information:
Our Annual Report which contains: a list of the names, business addresses and official positions of Our Board of Directors, officers, controlling persons, and owners; and Our most recent annual certified financial statement which includes a balance sheet and a summary of the receipts and disbursements;
The information that We provide the State regarding Our consumer complaints as required by Section 210 of the Insurance Law;
A description of Our procedures for maintaining confidentiality of Member information;
A copy of Our drug formulary. You may also inquire if a specific drug is Covered or excluded under this Certificate.
A copy of Our Medical Policy regarding an experimental or investigational drug, medical device or treatment in clinical trials;
A copy of Our Medical Policy regarding a specific disease or course of treatment. You may also request how this information, and any applicable Utilization Review guidelines, may be used during the Utilization Review process. Please note: requests for Medical Polices are limited to two per letter and must relate to a valid need on your part to assess your coverage under this Certificate.
To obtain this information, please send Us a letter indicating the information you require. Please address your letter to: Managed Care Act, Oxford Health Plans, 48 Monroe Turnpike, Trumbull, CT. 06611
New York Certificate OHINY EPO 4/03 7 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 TABLE OF CONTENTS
Important Telephone Numbers and Addresses....................................................3
Getting Started ..........................................................................................................5
More Information About Oxford Health Plans............................................................5
Section I. How the Plan Works
Network Providers .....................................................................................................9 Precertification...........................................................................................................9 Second Opinions .......................................................................................................9 Medical Emergencies ................................................................................................9 Urgent Care.............................................................................................................10 Diagnostic Testing and Laboratory Services ...........................................................10
Section II. Provider Participation and Transitional Care
Eligibility...................................................................................................................11 Applying for Coverage.............................................................................................12 Effective Date of Coverage......................................................................................13 An Increase or Reduction in Benefits ......................................................................13 Notice of Change in Status......................................................................................13
Section IV. Covered Services
Primary and Preventive Care ..................................................................................14 Specialty Care .........................................................................................................16 Hospital and Other Facility-Based Services ............................................................20 Chemical Abuse and Chemical Dependency ..........................................................21 Medical Emergencies ..............................................................................................21 Urgent Care.............................................................................................................22 Ambulance Services and Prehospital Emergency Services ....................................22 Reimbursement and Copayments...........................................................................22
Section V. Scope of Coverage, Exclusions and Limitations ............................22
Section VI. How Will the Plan Handle Any Questions or Problems?
Grievance Procedure...............................................................................................28 Expedited Grievance Procedure..............................................................................29 Utilization Review....................................................................................................30 New York Certificate OHINY EPO 4/03 8 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 Expedited Utilization Review Appeal .......................................................................31 External Appeal .......................................................................................................32
Section VII. Termination of Coverage
How Your Coverage May Terminate .......................................................................34 Effective Date of Termination..................................................................................34
Section VIII. What Happens If I Lose Coverage?
Termination or Loss of Eligibility: Coverage Options...............................................35 Cobra.......................................................................................................................35 State of New York Continuation ..............................................................................36 Extended Benefits ...................................................................................................38 Conversion Privilege................................................................................................38 Other Available Coverage: Leave of Absence or Lay-off ...................................................................................39 Family and Medical Leave Act.................................................................................39
Section IX. What Happens If A Provider Bills Me?
Filing a Claim...........................................................................................................39 Payment Options.....................................................................................................39 Limitations ...............................................................................................................39 If You Receive a Bill From a Network Provider........................................................40 Claim Information ....................................................................................................40
Section X. Other Important Documents
Supplemental Coverage by Rider............................................................................40 Summary of Benefits...............................................................................................40 Living Wills and Advance Directives........................................................................40
Section XI. Member Rights and Responsibilities
What Are My Rights as a Member?.........................................................................40 What Are My Responsibilities?................................................................................41
Section XII. General Administrative Policies and Procedures
Medical Records: Confidentiality and Authorization to Examine .............................41 Coordination of Benefits (COB) ...............................................................................41 Effect of Coordination..............................................................................................43 Reimbursement and Subrogation............................................................................43 Medicare and Other Government Programs ...........................................................43
Section XIII. General Provisions .........................................................................44
Section XIV. Definitions .......................................................................................45
New York Certificate OHINY EPO 4/03 9 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 Section I. How t he Pl an Wor k s
1. Network Providers
This product does not have a gatekeeper, usually know as a Primary Care Physician. You may see any Network Provider for Primary, Preventive or Specialist Care. You will never need a referral from a Network Provider or from Us.
All you need to do to access care is make sure that the Provider you are planning to visit is a Network Provider.
To find out if a Provider is contracted with Us you can:
check your Provider Roster; call Customer Care; or visit Our Website.
Please Note: While you may obtain Primary and Preventive Care Services from any Network Provider, We encourage you to use those Providers who specialize in this type or care and are the best prepared to provide these services. We recommend that you obtain Primary and Preventive Care Services of the following types of Providers:
Family Practitioners General Practitioners Internists Pediatricians OB/GYNs (as well as nurse practitioners and nurse midwives)
When you use these Network Providers for such services:
We believe you are receiving the best level of care possible; and
You will be charged a smaller Copayment (visits to Specialist require a higher Copayment than visits to the Providers listed above).
Important: Using one of these Network Providers for such care does not create a patient Primary Care Physician relationship. You cannot select a PCP. The Network Providers accessed for Primary and Preventive Care will not be responsible for coordinating your care. While they may make recommendations or suggest that you visit a Specialist, they will not provide referrals. You must decide when and how to access services throughout the network; without referrals or anyone coordinating your care. Therefore, it is your responsibility to be certain that you visit only Network Providers. Except for Medical Emergencies, and Precertified visits to Out-of-Network Providers, only services provided by a Network Provider are Covered. If you obtain Covered Services from a Non-Network Provider, you will be responsible for the entire cost of the services.
2. Precertification. All admissions to health care facilities and certain diagnostic tests and therapeutic procedures must be Precertified by Us before you are admitted or receive treatment. If you are unsure whether a procedure requires Precertification, please call Our Member Service Department.
Precertification starts with a call to Our Medical Management Department by the Network Provider involved. One of Our experienced Medical Management professionals examines the case, consults with your Network Physician and discusses the clinical findings. If all agree, the requested test, procedure or admission is Precertified. This comprehensive evaluation insures that the treatment you receive is appropriate for your needs and is delivered in the most cost-effective setting.
Covered inpatient services are Precertified for a specific number of days. If your Network Physician believes that a longer stay is Medically Necessary, the extension must be Precertified in order for it to be Covered.
Your Network Physician is responsible for obtaining any required Precertification. However, we recommend that you call Customer Care to ensure that your services have been Precertified.
Please remember: Any Precertification you receive will not be valid if your coverage under the Plan terminates. This means that Covered Services received after your coverage has terminated will not be Covered even if they were Precertified (unless coverage is being continued in accordance with the Extended Benefits section of this Certificate).
3. Second Opinions. We reserve the right to require a second opinion for any surgical procedure. At the time of Precertification, you may be advised that a second opinion will be required in order for the services to be Covered. If a second opinion is required, We will refer you to a Network Provider for a second opinion.
In the event that the first and second opinions differ, a third opinion will be required. We will designate a new Network Provider. The third opinion will determine whether or not the surgery is Precertified. There will be no cost to you for the second or third opinion.
You may also request a second opinion. Please see Section Covered Services, Second Opinions, for a complete explanation.
4. Medical Emergencies. If you have a Medical Emergency, you should obtain medical assistance immediately or call 911. Emergency room care is not subject to Our prior approval. However, only Medical Emergencies, as defined in this Certificate, are Covered in an emergency room. Therefore, before you seek treatment, you may want to be certain that this is the most appropriate place to receive care. You can call Our Medical Management Coordinators. They are available 24 hours a day, 7 days a week. Your Coordinator will direct you to the emergency room of a Hospital or other appropriate facility.
New York Certificate OHINY EPO 4/03 10 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 5. Urgent Care. If you need Urgent Care, you must call Our Medical Management Coordinators and follow the instructions you will be given. When this procedure is followed, your Urgent Care will be Covered in full, less any required Copayment. This coverage will be provided regardless of where you are (in or out of the Service Area) when the need for Covered Services occur.
6. Diagnostic Testing and Laboratory Services. If your Network Provider recommends laboratory testing, remind him or her to use a Network Provider. In addition, Covered X-rays or diagnostic procedures performed at Network facilities will be Covered by Us without any required Copayment. Unless you are Hospitalized, Hospitals are not Network Providers for these tests.
IMPORTANT: Utilization Review. All services that you seek to have Covered under this Certificate are subject to Utilization Review. This means that Our Medical Management Department reviews pertinent medical information in order to evaluate whether or not the proposed service, the service currently being provided, or the service that was provided is Medically Necessary and a Covered Service under the Certificate. Utilization Review is also required when We need to make a determination that a service is or is not experimental or investigational. For more information about Our Utilization Review Policies please see Information About Your Oxford Coverage which is attached to this Certificate.
Section II. Pr ovi der Par t i c i pat i on and Tr ansi t i onal Car e
1. Provider Participation
We cannot promise that a specific provider, even though listed in the Provider Roster, will be available. A Network Provider may end his or her contract with Us, or decide not to accept additional patients. If you have any questions about whether or not a particular Provider is currently participating or accepting new patients, please feel free to call Member Service and inquire.
Please note, if you are undergoing a course of treatment at the time your Network Provider leaves the Network, you may be eligible for Transitional Care as described below.
2. Transitional Care
Your Provider Leaves the Network: If you are undergoing a course of treatment when your Provider leaves the Network, you may be able to continue to receive Covered Services from the former Network Provider. In such instances, you may receive Covered Services for up to 120 days after you receive notification from Us that the Provider is no longer in the Network.
Regarding pregnancy, if the Provider leaves the Network while you are in your second trimester, you may receive Covered Services through delivery and any post-partum care directly related to the delivery.
However, Transitional Care is available only if the Provider agrees to continue to accept as payment the negotiated fee that was in effect just prior to the termination of Our relationship with the Provider. Further, the Provider must agree to adhere to all of Our Quality Assurance procedures as well as all other policies and procedures required by Us regarding the delivery of Covered Services. If the Provider agrees to these conditions, you will receive these Covered Services as if they are being provided by a Network Provider. You will only be responsible for any applicable Copayments. Please note: If the Provider was terminated by Us due to a quality of care issue, Transitional Care is not available.
New Members Currently Undergoing a Course of Treatment: If you are undergoing a course of treatment with a non-Network Provider at the time your coverage under this Certificate becomes effective, you may be able to receive Covered Services from the non-Network Provider for up to 60 days from the effective date of your coverage under the Certificate. This coverage is available only if the course of treatment is for a life-threatening disease/condition or a degenerative and disabling disease/condition. Coverage is limited to the disease/condition. Regarding pregnancy, if your coverage becomes effective while you are in your second trimester, you may receive Covered Services from your non-Network Provider through delivery and any post-partum care directly related to the delivery.
However, Transitional Care is available only if the Provider agrees to accept as payment Our negotiated fees for such services. Further, the Provider must agree to adhere to all of Our Quality Assurance procedures as well as all other policies and procedures required by Us regarding the delivery of Covered Services. If the Provider agrees to these conditions, you will receive these Covered Services as if they are being provided by a Network Provider. You will only be responsible for any applicable Copayments.
In order to obtain Transitional Care, you or your Provider should call Medical Management at 1-800-444-6222 and request this coverage.
3. Patient/Provider Relationship
Network Providers are solely responsible for all health services that you receive. They will use their best efforts to render all necessary and appropriate professional services in a manner compatible with your wishes. All services are, of course, subject to the Network Provider's professional judgment. If you refuse to follow a recommended treatment, and the Network Provider believes that no professionally acceptable alternative exists, you will be so advised. In such a case, subject to the second opinion process, the Network Provider will not have any further responsibility to provide care for the condition under treatment. You will need to select another Network Provider to pursue treatment options.
New York Certificate OHINY EPO 4/03 11 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 4. Provider Reimbursement and Quality Assurance
Reimbursement
We reimburse our Network Providers in a variety of ways. The most common is a discount off the Providers usual fee. This means the Provider agrees to accept less than what he or she would usually be paid for that service. In return, the Providers name appears in Our Provider Roster which gives the Provider an opportunity to gain new patients from among our Membership. For more information on other types of reimbursement methodologies, please see Information About Your Oxford Coverage which is attached to this Certificate.
Quality Assurance
We carefully select the Providers who deliver services to our Members as Network Providers. This helps Us to insure that you receive consistent, quality care.
For more information about Our Quality Assurance Program, please see Information About Your Oxford Coverage which is attached to this Certificate.
Section III. Who Can J oi n?
1. Eligibility
A. The Subscriber. To be eligible to enroll as a Subscriber, you must be:
1. A full-time employee of the Group (or part-time employee or retiree if this coverage was purchased by the Group);and
2. Entitled on his or her own behalf (in accordance with standard Group policy, including satisfaction of any standard probationary or waiting period established by Group and agreed to by Us), to participate in the medical and Hospital benefits arranged by the Group.
B. Dependents. To be eligible to enroll as a Covered Dependent, a person must be: listed on the Enrollment Form completed by the Subscriber; meet all Dependent eligibility criteria established by the Group; and be either:
1. The Subscriber's lawful spouse; or
2. Any unmarried child who is either a step-child, legally adopted child or proposed adoptive child (who is physically placed in Subscriber's home), or a natural child of either the Subscriber or the Subscriber's spouse. In addition, a child for whom Subscriber or Subscriber's spouse is a court appointed legal guardian is eligible for coverage as a Covered Dependent provided proof of such guardianship is submitted with the Dependent's Enrollment Form. The child must also be dependent upon the Subscriber for support as defined by the United States Internal Revenue Code and federal regulations.
Any such Dependent child must be:
i. under age 9 unless otherwise specified in the Summary of Benefits, or
ii. between 19 and 23 years of age unless otherwise specified in the Summary of Benefits, provided the child is a full-time student in an accredited educational institution. We will require satisfactory proof of such full-time student status. Such proof must be provided within 30 days of Our request. Important: Residency in the Service Area is not required. However, coverage outside the Service Area is limited to Medical Emergencies and Urgent Care. Preventive, Primary and Specialty Care is not Covered outside of the Service Area. If a student takes Prescription Drugs on a maintenance or routine basis, they must be filled at a Network Pharmacy (coverage of Prescription Drugs is available only if the Group has purchased Outpatient Prescription Drug coverage. Please check the Supplemental Coverage section of Covered Services to see if you have this coverage.
Student Medical Leave: A full-time student as described above may continue coverage under the Plan for up to 12 months while on medical leave and not attending classes. To be eligible for such coverage, a students attending physician must certify, in writing, the medical reason why the leave from school is Medically Necessary. The letter from the physician must be sent to Us. The students attending physician must be licensed to practice in the State of New York. However, this provision does not require Us to continue coverage beyond the age at which coverage would otherwise terminate (the full-time student limiting age as shown in the Summary of Benefits). The Premium charged for this coverage will remain the same as when the student was enrolled in school; or
iii. a child, irrespective of age, who is or becomes and continues to be both: (1) incapable of self-sustaining employment by reason of mental retardation, mental illness, developmental disability or physical handicap, which condition arose prior to attaining the age when Dependent coverage for such individual would otherwise terminate; and (2) chiefly dependent upon the Subscriber for economic support and maintenance.
If the child becomes incapacitated while Covered under the Plan, the Subscriber must provide Us with proof of such incapacity and dependency within 31 days of the date Dependent coverage would otherwise terminate.
For any such child, We will subsequently require proof of continued incapacity. Such proof will be required annually after the initial two- year period following the child's becoming eligible by reason of this provision. Our determination of eligibility will be conclusive; or a newborn child of a Member, including a newly born adopted child.
New York Certificate OHINY EPO 4/03 12 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 Please Note: This Plan will not Cover an individual as both a Subscriber and a Dependent.
Any employee or Dependent who is eligible for Medicare is not eligible for coverage under this Certificate unless he or she is eligible for coverage in accordance with the conditions stated in the Medicare and Other Government Programs section of this Certificate.
2. Applying for Coverage
Applying for coverage is easy. Fill out an Enrollment Form and a Health Coverage History Form, and submit them, it to your employers Employee Benefits Department. The form should list each eligible Dependent that you would like to have Covered. Include all requested information. Please remember to sign the forms before submitting them. You and your eligible Dependents may enroll only at the times and under the conditions described below.
Important: If you are continuing coverage under State Continuation or COBRA, you may need to submit the Enrollment Form and the Premium directly to Us. Please check with your employer or Customer Care for further information.
You may apply for coverage as follows:
A. Group Open Enrollment Period. A Group Open Enrollment Period will be held at least annually. At this time, eligible employees and eligible Dependents may enroll as Members under this Certificate. No evidence of good health or insurability will be required.
B. Newly Eligible Employee. A new employee hired by the Group, after the Group Open Enrollment Period, may apply for coverage for himself or herself and eligible Dependents, within 31 days of becoming eligible, subject to the Group's eligibility requirements. No evidence of good health or insurability will be required.
C. Newly Eligible Dependents. Any person who becomes a Dependent may be enrolled by submitting an Enrollment Form within 31 days of becoming a Dependent. Dependents who are being enrolled pursuant to a court order must enroll within 60 days of the date of the court order. No evidence of good health or insurability will be required. This provision also applies to adopted and prospective adopted children (except for newborns as discussed below). In order for such child to be enrolled, the Subscriber must be legally obligated for such child's financial support and the child must be physical placed (in residence) in the Subscribers home.
D. Newborns and Newly Born Adopted Children. A newborn child of the Subscriber or Subscriber's spouse will be Covered from the date of birth only if the Subscriber completes and submits an Addition, Termination, Change Form specifically adding the newborn child as well as submits any applicable Premium to the
Group within 31 days following the birth. This provision also applies to newly born adopted children if the Subscriber takes physical custody of the child upon its release from the Hospital and files a petition pursuant to section 115-c of the domestic relations law within 30 days of birth, and provided no notice of revocation has been filed and consent for the adoption has not been revoked.
Please note newborns and newly born adopted children who are not enrolled during this 31-day period may only be enrolled during the next Open Enrollment or pursuant to a Special Enrollment Period (or 125 Plan provision) as described below.
IMPORTANT: Even if the Subscriber is already paying the maximum Premium (Family Rate), an Addition, Termination, Change Form is still necessary. We must have knowledge of the childs presence on the Plan in order to produce an accurate HIPAA Certificate of Prior Coverage. You will need (and are entitled to) such certificate if your coverage ends under this Plan.
A HIPAA (Health Insurance Portability and Accountability Act) Certificate is generated for all Members when coverage under the Plan ends. It documents how long each Member was Covered under the Plan. If you seek to obtain coverage under another groups plan, the group or the groups carrier may request this form. If you or your dependent has a preexisting condition, the new carrier must credit the amount of time (time you were covered) shown on your HIPAA Certificate against the length of time that is applicable to their preexisting conditions limitation.
Further, enrolling your child will enable Us to identify your child as a Member. When claims are submitted for your child, your child will appear as a Member in Our system and We will be able to process the claims.
E. Section 125 Plans. If the Group has established a plan in accordance with Section 125 of the U.S. Internal Revenue Code, eligible persons will be permitted to enroll without submitting an evidence of good health or insurability if the enrollment is the result of a "change in family circumstance," as defined by the Group's plan and Section 125.
F. Special Enrollment Periods
1. Change in Family Circumstance: Subscribers who previously declined coverage under any of the Groups plans may join off- cycle when they gain a dependent either through marriage, birth or adoption. The Subscriber and the new dependent(s) must enroll within 30 days of the event (the marriage, birth or adoption). Existing eligible dependents that had previously declined coverage may also enroll at this time.
2. Loss of Other Coverage: If all of the following conditions are met, an individual may be enrolled before the next open enrollment:
the employee or dependent was covered under another group health plan or other health insurance at the time that coverage under this Certificate was initially available; and
New York Certificate OHINY EPO 4/03 13 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 the employee stated in writing this was the reason for rejecting coverage under this Certificate; and
The previous coverage has ended because of any of the following: it was COBRA coverage that was exhausted; the individual lost coverage due to a loss of eligibility (legal separation, divorce, death, termination of employment or a reduction in work hours); or the employer contribution toward such coverage was terminated.
If all these conditions are met, the employee or dependent may request enrollment if they otherwise meet the eligibility requirements of this Certificate. The individual must enroll within 30 days of the termination of the previous coverage or employers last contribution.
Individuals who do not meet these requirements may only be enrolled at the next Group Open Enrollment Period.
In addition, no person is eligible to re-enroll if he or she has had coverage from Us terminated for cause as described in the termination provisions of this Certificate.
3. Effective Date of Coverage
Subject to all of the applicable terms and conditions of the Agreement (including the payment of Premiums by Group and Our receipt of completed Enrollment Forms), coverage will become effective as follows:
A. Initial Enrollment (During the initial Group Open Enrollment Period). Coverage is effective on either the first day of the next calendar month following the date of the Group Open Enrollment Period or the effective date of the Agreement. Please read your Summary of Benefits to determine which is applicable.
B. Newly Eligible Employee (Application within 31 days of becoming eligible). Coverage is effective on either the first day of the next calendar month following the date on which We receive the completed application or as of the date the employee became eligible. Please read your Summary of Benefits to determine which is applicable.
C. Newly Eligible Dependents (Application within 31 days of becoming eligible). Coverage is effective on either the first day of the next calendar month following the date on which We receive the completed application or as of the date the dependent became eligible. Please read your Summary of Benefits to determine which is applicable. Coverage is effective at birth for newborns and newly born adopted children subject to the enrollment requirements as described above.
D. Group Open Enrollment Period. Coverage will be effective on either the first day of the next calendar month following the date of the Group Open Enrollment Period or the renewal date of the Agreement. Please read your Summary of Benefits to determine which is applicable.
E. Special Enrollment Periods. Coverage will be effective the first day of the first calendar month beginning after the date the completed request for enrollment is received.
4. An Increase or Reduction in Benefits
If for any reason your benefits must increase or decrease (because of a change in classification, earnings, etc.), your benefits will be adjusted accordingly. Any such change will be effective as of the date of the event that necessitated the change.
5. Notice of Change in Status
It is your responsibility to notify Us and your employer of any changes which will affect your eligibility, or that of your Dependents, for Covered Services under this Certificate. This becomes very important should you or any of your Covered Dependents require a HIPAA Certificate of Prior Coverage.
Section IV. Cover ed Ser vi c es
You will receive Covered Services in accordance with the terms and conditions of this Certificate only when the Covered Service is:
Medically Necessary; and
Provided by a Network Provider or an appropriately licensed Non-Network Provider for the treatment of a Medical Emergency or Urgent Care situation (as described below).
Not excluded under this Certificate;
Not in excess of the benefit limitations described in this Certificate or your Summary of Benefits; and
Received while your coverage is in force.
Important: We reserve the right to provide benefits in the manner We determine to be the most cost effective. Further, based on Our Medical Policies, We reserve the right to provide benefits in the manner, and to the extent, We believe is Medically Necessary. Please note, Our determinations of Medical Necessity may be Appealed as described in the Utilization Review Appeal section of this Certificate.
For Covered Services provided by a Network Provider, you will be responsible only for the Copayment or Coinsurance shown in your Summary of Benefits. Except for Emergency Care or Urgent Care as described below, all Covered Services must be obtained from Network Providers.
New York Certificate OHINY EPO 4/03 14 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 The only exception to this provision is when Our Medical Director determines that Our Network does not have an appropriate Network Provider who can deliver the care you need. In such instances, Our Medical Director will approve a visit to a non- Network Provider. All such exceptions will be made only when Our Medical Director, after consulting with your Network Specialist, the non-Network Provider and you, approves the treatment plan for the delivery of these services. Covered Services rendered by this Provider will be paid as if they were received In Network. You will be responsible only for any applicable Copayment or Coinsurance. You or your Network Specialist may call Medical Management and initiate the request for this special exception.
1. Primary and Preventive Care
Primary Care consists of office visits, house calls and Hospital visits provided by a Network Provider for consultations, diagnosis and treatment of injury, disease and medical conditions.
Preventive Care consists of the following services, performed by your Network Provider, for the purpose of promoting good health and early detection of disease:
A. Well-Baby and Well-Child Care
Well-baby and well-child care which consist of routine physical examinations including vision screenings (no refractions) and hearing screenings, developmental assessment, anticipatory guidance, and laboratory tests ordered at the time of the visit as recommended by the American Academy of Pediatrics. Immunizations and boosters as required by the State of New York and the American Academy of Pediatrics are also Covered. This benefit is provided to Members from birth through age 19 and is not subject to Copayments, annual Deductibles or Coinsurance.
B. Adult Periodic Physical Examinations
We Cover adult periodic physical examinations according to the schedule established by Our Regional Quality Management Committees. Vision screenings do not include refractions;
C. Adult Immunizations
We Cover adult immunizations as recommended by the U.S. Department of Health and Human Services. We may also follow the recommendations of various professional organizations such as the College of Family Practictioners;
D. Well-Woman Examinations
We Cover well-woman examinations which consists of a routine gynecological examination, breast examination and Pap smear. We will Cover two such examinations each Contract Year. Mammograms are Covered as follows:
one baseline screening mammogram for women age 35 through 39;
one baseline screening mammogram annually for women age 40 and over.
If a woman of any age has a history of breast cancer or her mother or sister has a history of breast cancer, We will Cover mammograms as recommended by her Provider.
However, in no event will more than one Preventive Care screening, per Contract Year, be Covered.
Diagnostic mammograms (mammograms that are performed in connection with the treatment or follow-up of breast cancer) are unlimited and are Covered whenever they are Medically Necessary.
E. Family Planning
We Cover family planning services which consist of counseling on use of contraceptives and related topics. The costs related to the measuring and fitting of a contraceptive device are also Covered if the service is performed during the annual well-woman examination. The devises and other FDA approved implantable or injectable birth control are Covered only when the Group has purchased Outpatient Prescription Drug Coverage. We also Cover vasectomies and tubal ligations.
Interruption of Pregnancy
Therapeutic abortions are Covered. Non-therapeutic abortions in cases of rape, incest or fetal malformation are also Covered. Elective abortions are Covered subject to the benefit limit listed in the Summary of Benefits.
F. Screening for Prostrate Cancer
An annual standard diagnostic examination including, but not limited to, a digital rectal examination and a prostate specific antigen test for men age 50 and over who are asymptomatic and for men age 40 and over with a family history of prostate cancer or other prostate cancer risk factors.
Standard diagnostic testing including, but not limited to, a digital rectal examination and a prostate specific antigen test at any age for men having a prior history of prostate cancer.
G. Diabetic Supplies, Education and Self-Management
Diabetic Supplies, Education and Self-Management are Covered as follows:
Supplies. The following equipment and related supplies will be Covered for insulin dependent and non-insulin dependent Members when Medically Necessary as determined by the Member's Physician:
Acetone Reagent Strips Acetone Reagent Tablets
New York Certificate OHINY EPO 4/03 15 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 Alcohol or Peroxide by the pint Alcohol Wipes All insulin preparations Automatic Blood Lance Kit Blood Glucose Kit Blood Glucose Strips (Test or Reagent) Blood Glucose Monitor with or without special features for visually impaired, control solutions, and strips for home blood glucose monitor Cartridges for the visually impaired Diabetes data management systems Disposable insulin and pen cartridges Drawing-up devices for the visually impaired Equipment for use of the Pump Glucose Acetone Reagent Strips Glucose Reagent Strips Glucose Reagent Tape Injection aides Injector (Busher) Automatic Insulin Insulin Cartridge Delivery Insulin infusion devices Insulin Pump Lancets Oral agents such as glucose tablets and gels, Glucagon for with injection to increase blood glucose concentration Oral anti-diabetic agents used to reduce blood sugar levels Syringe with needle; sterile 1 cc box Urine testing products for glucose and ketones
Additional items may also be Covered if the Member's Physician determines they are Medically Necessary and prescribes them for the Member. Such additional items must be Precertified by one of Our Medical Case Managers and be in accordance with the treatment plan developed by the Physician for the Member.
All items are subject to the Copayments, maximums and limitations shown on the Summary of Benefits. If the Group has purchased Outpatient Prescription Drug coverage from Us, many of these items are also available through Our mail order program. When purchased through Our mail order pharmacy, these items will be delivered directly to your home or office. .
Self-Management and Education. Education on self-management and nutrition is Covered when: diabetes is initially diagnosed; a significant change in the Member's condition takes place; or the Physician decides that a refresher course is necessary. It must be provided:
In a Physician's office either by the Physician or his or her qualified nurse during an office visit or in a group setting.
Upon a Physician's referral to the following non-physician, medical educators (qualified health providers): certified diabetes nurse educators; certified nutritionists; certified dietitians; and registered dietitians.
Whenever possible, in a group setting, regardless of whether the provider is a Physician or a qualified health provider. Education will also be provided in the Member's home if the Member is Homebound (as defined in Definitions).
Limitations
The items must be Medically Necessary as determined by the Member's Physician and will only be provided in amounts that are in accordance with the treatment plan developed by the Physician for the Member.
All requests for insulin pumps must be reviewed by one of Our Medical Case Managers and be approved by Our Medical Director.
Only basic models of blood glucose monitors will be Covered unless the Member has special needs relating to poor vision or blindness.
H. Health Education
Health education, information and health care literature which is made available to Members through various programs provided and developed by Us. These programs and information are provided without cost to Members. Such programs include Our Active Partners Program; Our Health Mother, Healthy Baby Program; Our Better Breathing Program and Our Healthy Mind, Health Body magazine.
I. Exercise Facility Reimbursement
Covered Benefits: We will partially reimburse the Subscriber and the Subscribers Covered spouse (or Domestic Partner if the Group has purchased this coverage) for certain exercise facility fees or membership fees but only if such fees are paid to facilities which maintain equipment and programs that promote cardiovascular wellness.
How To Obtain Reimbursement: In order to obtain reimbursement, You must submit a completed Reimbursement Form. For your convenience, a Reimbursement Form has been included at the back of this Certificate. Each time you visit the facility, a facility representative must sign and date the form.
In order to be eligible for reimbursement, you must 1) be an active member of the facility, and 2) complete the amount of visits shown in your Summary of Benefits in a six-month period. At the end of the six-month period, you must submit the Reimbursement Form to Us along with a copy of your current facility bill which shows the monthly cost for your membership. Once We receive the completed Reimbursement Form and the bill, you will be reimbursed as follows:
A Subscriber and the Subscribers spouse will be reimbursed the lesser of the amount shown in the Summary of Benefits or the actual cost of the membership per six-month period.
New York Certificate OHINY EPO 4/03 16 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 Limitations and Exclusions
1. Coverage is limited to facilities/programs that promote cardiovascular wellness, as determined by Us. Memberships in tennis clubs, country clubs, weight loss clinics or spas or any other similar facilities will not be reimbursed.
2. Only the Subscriber and the Subscribers Covered spouse (or Domestic Partner if the Group has purchased this coverage) are eligible for this benefit. By Covered We mean that the spouse (or Domestic Partner) must be enrolled in the Plan as an Oxford Member. All other Covered Dependents are not eligible.
3. The Member seeking reimbursement must be an active member of the facility.
4. Lifetime memberships are not eligible for reimbursement.
5. We will reimburse only those visits that were completed while the person seeking reimbursement was a Member of the Plan. We will not reimburse visits that occurred before coverage became effective or after coverage terminates. No pro rata reimbursements will be paid.
6. Reimbursement is limited to actual work-out visits. We will not provide reimbursement for equipment, clothing, vitamins or other services that may be offered by the facility (massages, yoga, etc.).
2. Specialty Care
Specialty Care consists of medical care and services, including office visits, house calls, Hospital visits and consultations for the diagnosis and treatment of disease or injury that are not ordinarily treated by a general or family practitioner, internist or pediatrician.
MOST SPECIALTY CARE SERVICES REQUIRE PRECERTIFICATION.
A. Surgical and Obstetrical Services
Network Physicians' services for surgical and obstetrical procedures on an inpatient and outpatient basis, including the services of the surgeon or specialist, assistant, and anesthetist or anesthesiologist together with preoperative and post operative care. Deliveries and related services that are performed by a certified nurse midwife are also Covered.
Please remember, elective surgery and Hospital admissions, including non-emergency maternity admissions, require Precertification.
B. Maternity and Newborn Care
Maternity Care
Services and supplies for maternity care provided by a Network Physician, Nurse Midwife, Nurse Practitioner, Hospital or Birthing Center will be Covered for prenatal care (including one visit for
genetic testing), postnatal care, delivery and complications of pregnancy. We provide a minimum inpatient stay of 48 hours following a vaginal delivery and 96 hours following a cesarean delivery for both the mother and the newly born child or children. While in the hospital, maternity care also includes, at a minimum, parent education, assistance and training in breast or bottle feeding and the performance of any necessary maternal and newborn clinical assessments.
The mother has the option to leave the hospital sooner than as described above. If she decides to be discharged early, she will be provided with one home visit. The home visit must be requested by the mother within 48 hours of a vaginal birth or within 96 hours of a cesarean birth. The visit will occur within 24 hours of the later of: the mothers request; or her discharge from the hospital. This visit is not subject to deductible Copayment or Coinsurance. Additionally, the visit will not be deducted from the Home Health Care visits Covered under the Certificate.
The home visit consists of a visit by a professional RN to provide the following post delivery care: an assessment of the mother and child, instruction on breastfeeding, cleaning and caring for child, and any required blood tests ordered by the mothers or the childs Network Provider.
Coverage for a routine delivery or maternity care outside of the Service Area is limited. We define a routine delivery as a full-term delivery that has occurred without any complications. If you arrange to give birth at a facility outside of the Service Area, and the delivery is routine, it will not be Covered. We will assume that you have arranged to give birth at a facility outside of the Service Area if you travel to the area of the facility near the time of your delivery. In those instances where the non-Network facility is near the Service Area, routine deliveries are not Covered if you could safely have delivered in a Network Facility. Exceptions will be made on a case by case basis if We determine that circumstances beyond your control (such as a death in the family) required you to be outside of the Service Area at the time of your delivery.
Newborn Care
Care for newborns includes preventive health care services, routine nursery care, and treatment of disease and injury. Treatment of disease and injury includes treatment of prematurity, and medically diagnosed congenital defects and birth abnormalities which cause anatomical functional impairment. We also Cover, within the limits of this Certificate, necessary transportation costs from the place of birth to the nearest specialized treatment center. Please note, for purposes of this Certificate a newborn child or newly born adopted child means a child who is no older than 31 days old.
Please Note: In Network and Out-of-Network, routine and preventive Newborn Care does not require Precertification. However, services that generally require Precertification (such as surgery) should be Precertified as described in this section, Covered Services.
New York Certificate OHINY EPO 4/03 17 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 C. Infertility Treatment
Covered Benefits
Hospital care for the diagnosis and treatment of correctable medical conditions otherwise Covered under the Certificate will not be excluded solely because the medical condition results in infertility. Additionally, this Certificate provides coverage for the diagnosis and treatment (surgical and medical) of infertility when such infertility is the result of malformation, disease, or physical dysfunction. Such coverage is available as follows:
1. Basic Infertility Services: Basic Infertility Services will be provided to a Member who, in Our opinion, is an appropriate candidate for infertility treatment. In order to determine eligibility, We will use guidelines established by the American College of Obstetricians and Gynecologists, the American Society for Reproductive Medicine, and the State of New York. However, Members must be between the ages of 21 and 44 (inclusive) in order to be considered a candidate for these services.
Basic Infertility Services consist of: initial evaluation, semen analysis, laboratory evaluation, evaluation of ovulatory function, postcotial test, endometrial biopsy, pelvic ultra sound, hysterosalpingogram, sono-hystogram,testis biopsy, blood tests and medically appropriate treatment of ovualtory dysfunction. Additional, tests may be Covered if Our Medical Director determines that they are Medically Necessary.
2. Comprehensive Infertility Services: Requires Precertification. If the Basic Services do not result in increased fertility, Medical Management may Precertify Comprehensive Infertility Services. These services include: Ovulation induction and monitoring; pelvic ultra sound; artificial insemination; hysteroscopy; laparoscopy; and laparotomy.
Your Network Provider must obtain Precertification in order for these services to be Covered.
Exclusions and Limitations
Coverage under this benefit is limited to Members age 21 through 44.
If your Certificate contains a Preexisting Conditions Limitation, this benefit is subject to the terms and conditions of that provision.
In vitro, GIFT and ZIFT procedures.
All services must be provided by Network Providers who are qualified to provide such services in accordance with the guidelines established and adopted by the American Society for Reproductive Medicine.
Network Providers must provide all Covered Services.
Infertility drugs (including injectable drugs) such as Pergonal, Metrodin, etc., are not Covered unless the Group has purchased Outpatient Prescription Drug Supplemental Coverage.
We will not Cover any infertility drugs administered in the Network Providers office unless the Group has purchased Outpatient Prescription Drug Supplemental Coverage.
Cost for an ovum donor or donor sperm.
Sperm storage costs.
Cryopreservation and storage of embryos.
Ovulation predictor kits.
Reversal of tubal ligations. Reversal of vasectomies.
Any infertility services if the male has undergone a vasectomy, unless the vasectomy has been successfully reversed. Please note, We do not Cover the reversal of vasectomies.
All costs for and relating to surrogate motherhood (maternity services are Covered for Members acting as surrogate mothers).
Experimental procedures and treatments (as determined by the American College of Obstetricians and Gynecologists, the American Society for Reproductive Medicine, and the State of New York. Please remember, you have the right to an External Appeal (as described in your Certificate) when We deny experimental or investigational procedures.
Sex change procedures
Cloning
D. Allergy Testing and Treatment
Testing and evaluations to determine the existence of an allergy. Routine allergy injections, including serums are Covered.
E. Rehabilitation Services
Rehabilitation therapy including physical therapy, speech therapy, and occupational therapy, is Covered on an outpatient or inpatient basis. Coverage on an outpatient basis is limited to the amount of visits shown on the Summary of Benefits. Coverage on an inpatient basis is limited to one consecutive 60-day period, per condition, per lifetime in a Rehabilitation Facility. Admission to a Rehabilitation Facility requires Precertification. For the purposes of this benefit (both inpatient and outpatient), "per condition" means the disease or injury causing the need for the therapy.
New York Certificate OHINY EPO 4/03 18 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 Speech and physical therapy are Covered only when:
such therapy is related to the treatment or diagnosis of a Members physical illness or injury (in the case of a Dependent child, this includes a medically diagnosed congenital defect);
it is Ordered by a Network Physician; and
the Member has been Hospitalized or has undergone surgery for such illness or injury.
Covered Services must begin within six months of the later to occur:
1. the date of the injury or illness that caused the need for the therapy;
2. the date the Member is discharged from a Hospital where surgical treatment was rendered; or
3. the date outpatient surgical care is rendered.
And in no event will the therapy continue beyond 365 days after such event.
F. Reconstructive and Corrective Surgery
Reconstructive and corrective surgery is Covered only when:
1. it is performed to correct a congenital birth defect of a Dependent child which has resulted in a functional defect; or
2. is incidental to surgery or follows surgery that was necessitated by trauma, infection or disease of the involved part.
Breast reconstruction (including surgery on the healthy breast to restore and achieve symmetry) or implanted breast prostheses are also Covered.
Cosmetic surgery is not Covered. Please see the Exclusions and Limitations, section of this Certificate.
Precertification is required.
G. Oral Surgery
General dental services are not Covered. The following limited dental and oral surgical procedures are Covered in either an inpatient or outpatient setting:
1. Oral surgical procedures for jaw bones or surrounding tissue and dental services for the repair or replacement of sound natural teeth that are required due to accidental injury. Replacement is Covered only when repair is not possible (please see the Exclusions and Limitations section of this Certificate). Dental services must be obtained within 12 months of the injury.
2. Oral surgical procedures required for the correction of a non- dental physiological condition which has resulted in a severe functional impairment.
3. Removal of tumors and cysts requiring pathological examination of the jaws, cheeks, lips, tongue, roof and floor of the mouth. Cysts related to teeth are not Covered.
4. Surgical/nonsurgical medical procedures for TJM and orthognathic surgery may be Covered if Precertified and approved by Our Medical Director.
Precertification is required.
H. Laboratory Procedures and X-ray Examinations
X-ray and laboratory procedures, services and materials, including diagnostic X-rays, X-ray therapy, fluoroscopy, electrocardiograms, laboratory tests, and therapeutic radiology services are Covered when performed on an outpatient basis.
Major diagnostic procedures require Precertification. It is important that you do not seek the services of a laboratory or imaging center without Precertification. If you do, you will be responsible for the costs of such services. Please contact Our Medical Management Coordinators before you obtain any of the procedures listed in your Summary of Benefits.
I. Internal Prosthetic Devices
Surgically implanted prosthetic devices and special appliances will be Covered if they improve or restore the function of an internal body part which has been removed or damaged due to disease or injury. This includes implanted breast prostheses. Coverage also includes repair and replacement due to normal growth or normal wear and tear.
Services under this section require Precertification.
J. External Prosthetic Devices
We Cover prosthetic devices (including wigs) that are worn externally and that temporarily or permanently replace all or part of an external body part that has been lost or damaged because of an injury or disease. Wigs are Covered only when a Member has severe hair loss due to injury or disease or as a side effect of the treatment of a disease (e.g., chemotherapy). We do not Cover wigs made from human hair unless the Member is allergic to all synthetic wig materials.
For adults, We Cover the cost of only one prosthetic device per lifetime. For children, the cost of replacements is also Covered but only if the previous device has been outgrown. Purchase of the device must be Precertified. Coverage is for standard equipment only We do not otherwise Cover the cost of repairs or replacement. In accordance with Our Medical Policy, external breast prostheses following a mastectomy are also Covered.
New York Certificate OHINY EPO 4/03 19 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 K. Durable Medical Equipment and Braces
Durable Medical Equipment
Durable Medical Equipment is equipment which is: 1) designed and intended for repeated use; 2) primarily and customarily used to serve a medical purpose; 3) generally not useful to a person in the absence of disease or injury; and 4) is appropriate for use in the home.
Coverage is for standard equipment only (please see the Exclusions and Limitations section of this Certificate). All maintenance and repairs that result from a Member's misuse are the Member's responsibility. The decision to rent or purchase such equipment will be made solely at Our discretion.
Braces
We Cover braces that are worn externally and that temporarily or permanently assist all or part of an external body part function that has been lost or damaged because of an injury, disease or defect. Coverage is for standard equipment only. Replacements are Covered when growth or a change in the Member's medical condition make replacement Medically Necessary. We do not otherwise Cover the cost of repairs or replacement (e.g., We do not Cover repairs or replacement that is the result of misuse or abuse by the Member).
Precertification Required: Precertification for the purchase of Durable Medical Equipment or braces is required when the item will cost $500 or more.
L. Medical Supplies
We Cover medical supplies that are required for the treatment of a disease or injury which is Covered under this Certificate. Maintenance supplies (e.g., ostomy supplies) are also Covered for conditions Covered under this Certificate. All such supplies must be Medically Necessary and in the appropriate amount for the treatment or maintenance program in progress. Diabetic Supplies are not Covered under this provision. Please see the Diabetic Supplies, Education an Self-Management section of this Certificate for a description of diabetic supply coverage.
Purchase of medical supplies does not require Precertification.
M. Transplants
We Cover only those transplants that We determine to be non- experimental and non-investigational. Covered transplants include but are not limited to: kidney, corneal, liver, heart, and heart/lung transplants; and bone marrow transplants for aplastic anemia, leukemia, severe combined immunodeficiency disease and Wiskott-Aldrich Syndrome.
All transplants must be prescribed by your Specialist(s) and Precertified by Our Medical Director. Additionally, all transplants must be performed at Hospitals that We have specifically approved and designated to perform these procedures. Please see the Exclusion and Limitations section of this Certificate for more information regarding this benefit.
We will Cover the Hospital and medical expenses, including donor search fees, of the recipient. We will Cover transplant services required by a Member when the Member serves as an organ donor only if the recipient is a Member. The medical expenses of a non-Member acting as a donor for a Member are not Covered if the non-Member's expenses will be covered under another health plan or program.
We do not Cover travel expenses, lodging, meals or other accommodations for donors or guests.
N. Home Health Care
We Cover care provided in your home by a Network Home Health Service or Agency licensed by the appropriate state agency. The care must be provided pursuant to your Network Physician's written treatment plan and must be in lieu of Hospitalization or confinement in a Skilled Nursing Facility. Home care includes (i) part-time or intermittent nursing care by or under the supervision of a Registered Professional Nurse (RN), (ii) part-time or intermittent services of a home health aide, (iii) physical, occupational, or speech therapy provided by the Home Health Service or Agency, and (iv) medical supplies, drugs and medications prescribed by a Network Physician, and laboratory services by or on behalf of the Home Health Agency to the extent such items would have been Covered during a hospitalization or confinement in a Skilled Nursing Facility.
Home Health Care is limited to the amount of visits shown in your Summary of Benefits. Each visit by a member of the Home Health Care Agency or Service team is considered one visit. Each visit of up to four hours by a home health aide is one visit.
Please note: Any rehabilitation services received under this benefit will not reduce the amount of services available under Rehabilitation Services above.
This benefit requires Precertification.
O. Chemotherapy
Chemotherapy is Covered on an inpatient basis in a Hospital or Skilled Nursing Facility, through Home Health Care or on an outpatient basis in an outpatient facility. Precertification is required. Chemotherapy is also Covered when provided in a Network Physicians office. When provided in the office, Precertification is not required.
New York Certificate OHINY EPO 4/03 20 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 P. Second Opinions
There may be instances when you will disagree with a provider's recommended course of treatment. In such cases, you may request that We designate another Network Provider to render a second opinion. If the first and second opinions do not agree, We will designate another Network Provider to render a third opinion. After completion of the second opinion process, We will Precertify Covered Services supported by a majority of the Providers reviewing your case. You must pay any Copayment for a second opinion that you request.
Important: If the first opinion concerns a diagnosis of cancer (either negative or positive) or treatment for cancer, you may obtain a second opinion from a non-Network Provider on an In Network basis.
Please note: Providers who render a second or third opinion cannot perform the Precertified service. If We Precertify a service that is recommended by the second (or second and third ) Provider, you will be asked to use select another Network Provider to perform the actual service.
We also may require a second opinion before We Precertify a surgical procedure. In these instances, We will follow the procedure as described in, How the Plan Works. There is no cost to you when We request a second opinion.
Q. Chiropractic Services
We will Cover spinal subluxation and related services when performed by a Network Doctor of Chiropractic (Chiropractor). This includes assessment, manipulation and any modalities. This benefit is unlimited. By unlimited We mean there is no dollar limit or visit limit on spinal subluxation.
This benefit remains subject to Medical Necessity. Coverage also remains subject to the Copayments, Coinsurance and Deductible shown in your Summary of Benefits.
Any Medically Necessary laboratory tests will be Covered in accordance with the terms and conditions of this Certificate.
3. Hospital and Other Facility Based Services
Please remember, in order to receive coverage for any facility based Covered Service, the Covered Service must be Precertified.
A. Hospital Services (Excluding Chemical Abuse and Chemical Dependency)
Inpatient: Hospital Inpatient services for acute-care includes: semi- private room and board, unlimited days, general nursing care and the following additional facilities, services and supplies: meals and special diets; use of operating room and related facilities; use of intensive care or cardiac care units and related services; X-ray
services; laboratory and other diagnostic tests; drugs; medications; biologicals; anesthesia and oxygen services; short-term physical, speech and occupational therapy; radiation therapy; inhalation therapy; chemotherapy; whole blood and blood products; and the administration of whole blood and blood products.
Inpatient Stay for Lymph Node Dissection or Lumpectomy: We will Cover inpatient services for Members undergoing a lymph node dissection or lumpectomy for a period of time determined to be Medically Necessary by you and your Network Physician.
Autologous Blood Banking Services: Autologous blood banking services are Covered only when they are being provided in connection with a scheduled, Covered inpatient procedure for the treatment of a disease or injury. In such instances, We will Cover storage fees for what We determine to be a reasonable storage period that is Medically Necessary and appropriate for having the blood available when it is needed.
Outpatient Services: The Hospital services and supplies listed above that can be provided to you while being treated in the outpatient facility. Please remember, unless you are receiving preadmission testing, Hospitals are not Network Providers for laboratory procedures and tests. Please note: lab work and X-rays performed in a Hospital on an outpatient basis do not require Precertification.
B. Ambulatory Surgery Center
We Cover surgical procedures performed at Ambulatory Surgical Centers. We also Cover the Covered Services and supplies provided by the Center the day the surgery is performed.
C. Skilled Nursing Facility
We Cover services provided in a Skilled Nursing Facility, including care and treatment in a semi-private room, as described in "Hospital Services" above. Custodial, convalescent or domiciliary care is not Covered (please see the Exclusions and Limitations section of this Certificate). In addition to Precertification, an admission to a Skilled Nursing Facility must be supported by a treatment plan prepared by your Network Provider and approved by Us. We Cover non-custodial care for the amount of days shown in your Summary of Benefits.
D. Hospice
Hospice Care is available to Members who have a prognosis of six months or less to live. Coverage consists of palliative care rather than curative treatment. We Cover five visits for supportive care and guidance for the purpose of helping the Member and the Member's immediate family cope with the emotional and social issues related to the Member's death. Hospice Care will be Covered only when provided as part of a Network Hospice Care program certified by the appropriate state agency. Such certified programs may include Hospice Care delivered by; a Hospital (inpatient or outpatient), Home Health Care Agency, Skilled
New York Certificate OHINY EPO 4/03 21 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 Nursing Facility or a licensed Hospice facility. Coverage is limited to the amount of days shown in your Summary of Benefits. Coverage is not provided for: funeral arrangements; pastoral, financial or legal counseling; homemaker, caretaker or respite care.
End of Life Care
Important: If a Member is diagnosed with advanced cancer and the Member has fewer than 60 days to live, We will Cover care provided in a licensed Article 28 facility or acute care facility (that specializes in the care of terminally ill patients). The Members attending physician and the facilitys medical director must agree that the Members care will be appropriately provided at the facility. We will reimburse such non-Network Providers as follows:
1) We will reimburse a rate that has been negotiated between Us and the Provider.
2) If there is no negotiated rate, We will reimburse acute care at the facilitys current Medicare acute care service rates.
3) Or if it is an alternate level of care, We will reimburse at 75% of the appropriate Medicare rates.
4. Chemical Abuse and Chemical Dependency
All services under this section Precertification. Precertification may be obtained by calling Medical Management at 1-800-444- 6222. Services must be provided by Network Providers who are certified by the appropriate state agency to provide such services and whose programs for such services have been approved by Us.
Outpatient Services
Outpatient services for the treatment of alcoholism and substance abuse will be Covered in accordance with an individual treatment plan prepared by your Network Provider. This benefit is limited to the amount of visits shown in your Summary of Benefits. A limited amount of these visits (also shown in the Summary) may be used by the Member's family.
Coverage for: detoxification for alcoholism and substance abuse; inpatient rehabilitation for alcoholism and substance abuse; inpatient mental health services, and outpatient mental health services are not Covered under this Certificate unless the Group has purchased Supplemental Coverage which adds these benefits. Please check the Supplemental Coverage section at the end of this Certificate or your Summary of Benefits to verify what coverage you have available.
5. Medical Emergencies
In order to obtain Coverage for Medical Emergencies, you should follow the instructions below regardless of whether or not you are in the Service Area at the time of the Medical Emergency.
We define a Medical Emergency as follows: A medical or behavioral condition the onset of which is sudden, that manifests itself by symptoms of sufficient severity, including severe pain, that a prudent layperson, possessing an average knowledge of medicine and health, could reasonably expect the absence of immediate medical attention to result in (a) placing the health of the afflicted Member with such a condition in serious jeopardy, or in the case of a behavioral condition placing the health of such Member or others in serious jeopardy; (b) serious impairment to the Members bodily functions; (c) serious dysfunction of any bodily organ or part of such Member; or (d) serious disfigurement of such Member. Medical Emergencies include, but are not limited to, the following conditions:
Severe chest pain Severe or multiple injuries Severe shortness Loss of consciousness of breath Sudden change in mental status Severe bleedin (e.g., disorientation) Acute pain or conditions Poisonings requiring immediate attention Convulsions such as suspected heart attack or appendicitis
We reserve the right to review all appropriate medical records and make the final decision regarding the existence of a Medical Emergency. Regarding such retrospective reviews, We will Cover only those services and supplies that are Medically Necessary and are performed to treat or stabilize a Medical Emergency condition.
A. Hospital Emergency Room Visits
In the event of a Medical Emergency, seek immediate care at the nearest emergency room or call 911.
Emergency room care is not subject to Our prior approval. However, only Medical Emergencies, as defined above, are Covered in an emergency room. Therefore, before you seek treatment, you may want to call to be certain that this is the most appropriate place to receive care. You can call Our Medical Management Coordinators. They are available 24 hours a day, 7 days a week. Your Coordinator will direct you to the emergency room of a Hospital or other appropriate facility.
Follow-up care provided in a Hospital emergency room is not Covered. You should contact Us to make sure you receive the appropriate follow-up care.
B. Emergency Hospital Admissions
In the event you are admitted to the Hospital:
You or someone on your behalf must notify Us at the Medical Emergency telephone number listed in the front of this Certificate within 48 hours of your admission, or as soon as is reasonably possible.
New York Certificate OHINY EPO 4/03 22 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 Please Note
It is important to remember that only those conditions that meet all of the requirements contained in the definition of Medical Emergency will be Covered as a Medical Emergency. Routine care received in an emergency room is not Covered.
6. Urgent Care
We define Urgent Care as medical care for a condition that needs immediate attention to minimize severity and prevent complications, but is not a Medical Emergency.
Urgent Care is Covered in or out of the Service Area. Please contact Oxford On Call at 1-800-444-6222. You will be provided with instructions. Oxford On Call is available around the clock to help you in urgent medical situations.
In addition, you may be able to use one of several Network Urgent Care Centers in the Service Area. You do not need to contact Us prior to, or after your visit. If Urgent Care results in an emergency admission, please follow the instructions for Emergency Hospital Admissions described above.
7. Ambulance Services and Prehospital Emergency Services
Ambulance services for Medical Emergencies (as defined in this Certificate) are Covered.
We also Cover Prehospital Emergency Medical Services. This means We Cover the prompt evaluation and treatment of a Medical Emergency, in addition to the non-air-borne transportation of the patient.
Inter-facility transfers are also Covered if they are Precertified by Us.
8. Reimbursement and Copayments
When you receive Covered Services for a Medical Emergency or Urgent Care situation (as described above) from a non-Network Provider, outside of the Service Area, We will limit reimbursement to the Usual, Customary and Reasonable Charges for those expenses incurred up to the time the Member is determined to be able to travel to a Network Provider (please read the definition of UCR in the Definitions section of this Certificate). Additionally, reimbursement is subject to all applicable Copayments/Coinsurance as similar services provided by a Network Provider (We will reimburse less the Copayment or Coinsurance).
You are responsible for the applicable Copayment or Coinsurance listed in the Summary of Benefits for each office visit, emergency room visit or emergency admission.
Section V. Sc ope of Cover age, Ex c l usi ons and Li mi t at i ons
No coverage is available under this Certificate for:
1. Acupuncture therapy. We do not Cover acupuncture therapy unless the Group has purchased Supplemental Coverage for this benefit. Please check the Supplemental Coverage section of this Certificate.
2. Ambulette. We do not Cover ambulette service.
3. Aphaeresis and Plasmaphaeresis. Generally, We do not Cover aphaeresis or plasmaphaeresis on either an inpatient or outpatient basis. Please note, all denials for the services described above are based on Medical Necessity. If coverage is denied, you are entitled to a Utilization Review Appeal.
4. Autopsies.
5. Birth Control. We do not Cover birth control items sold over the counter, including but not limited to; condoms, foams or devices, contraceptive jellies and ointments. Birth control drugs and devises that require a prescription are not Covered under the Certificate including those administered or implanted in a Providers office.
However, prescription contraceptive items are Covered if the Group purchases Outpatient Prescription Drug coverage. Please see the Supplemental Coverage section of this Certificate to see if you have such coverage.
Important: A Group that is a religious employer, as defined by applicable law, may exercise its right to exclude prescription birth control from its outpatient prescription drug coverage. In such instances, Members may contact Us directly to inquire about purchasing this extra coverage.
6. Blood and Blood Products. We do not Cover blood, blood plasma, blood derivatives or synthetic blood, administered in a Providers office or at home (unless it is part of a Home Health Care treatment plan). Blood and blood products are Covered only as part of an inpatient admission or procedure. The collection and storage of blood is Covered only as described under Inpatient Hospital Services. We do not Cover the cost of securing the services of blood donors.
7. Care Provided in a Government Facility. We do not Cover care or treatment provided in a non-Network Hospital that is owned or operated by any federal, state or other governmental entity, except as otherwise required by law.
New York Certificate OHINY EPO 4/03 23 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 8. Services in Connection with Elective Cosmetic Surgery. We do not Cover cosmetic surgery, except that cosmetic surgery shall not include reconstructive surgery when such service is incidental to or follows surgery resulting from trauma, infection or diseases of the involved part, and reconstructive surgery because of congenital disease or anomaly of a Covered Dependent child which has resulted in a functional defect.
9. Court Ordered Services. We do not Cover court ordered services or services that have been ordered as a condition of probation or parole. However, these services may be Covered if We agree that the services are Medically Necessary, are otherwise Covered, the Member has not exhausted their benefit for the Contract Year, and the treatment is provided in accordance with Our policies and procedures.
10. Coverage Outside of Our Network. Except for Medical Emergencies and Urgent Care, no coverage is available outside of Our Network of Providers.
11. Convalescent and Custodial Care. We do not Cover services related to bed rest, rest cures, convalescent care or custodial care. We do not Cover sanitarium care. Care is considered custodial when it is primarily for the purpose of meeting personal needs and could be provided by persons without professional skills or training. For example, custodial care includes help in walking, getting in and out of bed, bathing, dressing, eating and orally taking medicine.
Under this Certificate, Coverage in a facility is limited to (as defined in this Certificate): Hospitals, Skilled Nursing Facilities, Rehabilitation Facilities (for Covered inpatient physical rehabilitation), Hospice facilities, and Specialized Rehabilitation Facilities (mental health and chemical dependency treatment, if applicable).Further, Skilled Nursing Facility Care and Home Health Care are only Covered when not providing such care would require the Member to be placed back into the acute care Hospital. This Certificate does not provide long-term care coverage.
12. Dental Services. We do not Cover dental services related to the care, filling, removal or replacement of teeth. We do not Cover the treatment of injuries or diseases of the teeth, or gums including, but not limited to: apicoectomy, orthodontics, root canals, soft tissue impaction, alveolectomy, and the treatment of periodontal disease. As described in "Oral Surgery," only dental services required to treat accidental injury of sound, natural teeth (also, please see below) and services required to treat congenital disease and anomaly are Covered.
Replacement of Sound Natural Teeth. Replacement of sound natural teeth is Covered only when Medically Necessary to treat an accidental injury, a congenital disease or a congenital anomaly. Further, it is Covered only when repair is not possible. Please note, all denials for the services described above are based on Medical Necessity. If coverage is denied, you are entitled to a Utilization Review Appeal.
13. Diet Aids. We do not Cover diet aides, supplies, membership in diet clubs, counseling or other programs for losing weight.
14. Domiciliary Care. We do not Cover domiciliary care, long-term care, maintenance care, adult day care or rest cures.
15. Durable Medical Equipment (DME). We Cover only those items that meet our definition of Durable Medical Equipment.
We define Durable Medical Equipment as follows: Durable Medical Equipment is equipment which is: 1) designed and intended for repeated use; 2) primarily and customarily used to serve a medical purpose; 3) generally not useful to a person in the absence of disease or injury; and 4) is appropriate for use in the home. Comfort or Convenience Items (please see above) are not DME. If We deny an item because it does not meet Our definition but you or your Network Provider believe the item does meet the definition, you may file a Grievance as described in the Grievance Appeal Procedure in order to determine whether or not the item is Covered under this Certificate.
Non Standard Durable Medical Equipment and Prosthetic Devices. We do not Cover DME or prosthetic devises that We believe are not Medically Necessary or in excess of what is required to assist the Member. We only Cover standard equipment. We will not Cover customized (for a particular individual) or motorized equipment. Please note, all denials for the equipment described above are based on Medical Necessity. If coverage is denied, you are entitled to a Utilization Review Appeal.
We do not Cover selectronic and neuromuscular stimulators, or myoelectric prosthesis other than as described under Durable Medical Equipment. Please note, all denials for the equipment described above are based on Medical Necessity. If coverage is denied, you are entitled to a Utilization Review Appeal.
We do not purchase Special Equipment. Special Equipment is equipment that requires licensed professionals to interpret and take action on any clinical data produced from the equipment. When Medically Necessary, We will rent that equipment on a temporary basis if licensed professionals are available on site or in the home to assist with accurate data interpretation.
Important: We Cover only those items that meet the definition of Durable Medical Equipment as defined in this Certificate. This means we do not Cover the following comfort and convenience items:
Entertainment (radio and television charges); Communications charges (telephone or computer charges); Barber and grooming services; Guest meals and accommodations; Travel expenses of the member, the members family or guests;
New York Certificate OHINY EPO 4/03 24 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 Home exercise equipment that does not meet the definition of Durable Medical Equipment; or Household fixtures, furniture, equipment or supplies that do not meet the definition of Durable Medical Equipment.
16. Educational Services. We do not Cover educational services. This includes but is not limited to: 1) remedial education for: minimal brain dysfunction, mental retardation, developmental and learning disorders; 2) education services for behavioral problems; and 3) evaluation of the need for educational services. Under this Certificate, the only exception to this exclusion are the educational services available to diabetic Members (please see, Diabetic Supplies, Education and Self-Management).
We also do not Cover behavioral training as part of an educational service.
17. Excess Inpatient Hospital Charges. We will not Cover Hospital Charges that are not Covered under the section entitled Hospital Services, Inpatient.
18. Excessive Care. We will not Cover services in excess of those services normally required for the treatment of a condition.
19. Experimental, Investigational or Ineffective; Surgical or Medical Treatments. We Cover do not experimental, investigational or ineffective; surgical or medical treatments, procedures, drugs, or research studies including, but not limited to: transplants, stem cell retrieval, cancer chemotherapy protocols, AIDS clinical trials or I.V. therapies that are not recognized as acceptable medical practice and any such services where federal or other governmental agency approval is required but has not been granted. We will make the determination as to whether the requested service is excluded in accordance with this provision. In certain instances, such procedures may be Covered if they are approved in advance by one of Our Medical Directors in accordance with terms of the Certificate and Our payment policies if the We determine that Member has a life threatening or disabling condition and/or disease and:
a. The Members attending Network Physician certifies that the Member has a life threatening and/or disabling condition or disease for which; 1) standard health services or procedures have been ineffective or would be medically inappropriate; or 2) for which there does not exist a more beneficial standard of health service or procedure Covered by the health care plan, or 3) for which there exists a clinical trial, and
b. The Members attending Network Physician (who must be board certified to treat the life threatening or disabling condition) must recommend either 1) the procedure based on at least two clinical peer reviewed documents which established that the treatment is likely to be more beneficial than any standard treatment for the Members life threatening or disabling disease. If no standard treatment can be used to make such a comparison, the attending
Network Physician must show, through scientific published data, that medical investigations conclude that the experimental /investigational treatment may be effective when treating the Members particular disease or condition; or 2) a clinical trail for which the Member is eligible.
IMPORTANT: If an External Appeal Agent approves coverage of an experimental or investigational treatment that is part of a clinical trial, We will only Cover the cost of services required to provide treatment to you according to the design of the trial. We shall not be responsible for the costs of investigational drugs or devices, the costs of non-health care services, the costs of managing research, or costs which would not be Covered under this Certificate for non- experimental or non-investigational treatments provided in such clinical trail.
We will Cover autologous bone marrow transplants combined with high dose chemotherapy when medically appropriate, for the treatment of: advanced neuroblastoma, second remission acute leukemia, relapsed Hodgkin's disease, relapsed non-Hodgkin's lymphoma, or any other diagnosis that Our Medical Advisory Board determines to be appropriate. We will make the determination of when such treatment is medically appropriate. Such treatment must be approved in advance by one of Our Medical Directors and provided in accordance with the provisions of this Certificate.
In some instances, your Provider may believe such an item/procedure is experimental or investigational as described above, and is Medically Necessary. We may disagree. However, coverage is available once the experimental/investigational status has been determined and Medical Necessity has been established.
20. Food. We do not Cover food, including special foods and diets, vitamins, or nutritional or other supplements, (except when provided in an inpatient setting). Enteral and parenteral nutrition services provided on an outpatient basis are also excluded. If the Group has purchased an Outpatient Prescription Drug option, some of these supplies may be available. Please check the Supplemental Coverage section of this Certificate to see if you have this coverage. When coverage of special foods, diets and enteral feedings is available, it is subject to periodic review for Medical Necessity.
21. Fraud. We do not Cover any procedures, services or supplies if they have been fraudulently obtained.
22. Growth Hormones. We do not Cover growth hormones for a naturally small child who can perform ADL and who does not have a either a deficiency of growth hormone or a biological inability to produce growth hormone in its normal biological composition (growth hormone bio-inactivity). Coverage is available for children who do have either problem, as described in this Certificate. Please note, all denials related to the services described above are based on Medical Necessity. If coverage is denied, you are entitled to a Utilization Review Appeal.
23. Hearing Aids.
24. Improper Use of an Emergency Room. We do not Cover the improper use of an emergency room or emergency admissions. Routine care and treatment for conditions that could not have presented themselves to the average prudent lay person as a New York Certificate OHINY EPO 4/03 25 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 Medical Emergency are not Covered when treated in an emergency room. We do not Cover improper transportation to emergency rooms. If coverage is denied, you are entitled to a Utilization Review Appeal.
25. Infertility Treatment. We do not Cover infertility treatment except as required by law and, regarding Advanced Services, as specifically Covered under this Certificate, and all costs for and relating to surrogate motherhood (maternity services are Covered for Members acting as surrogate mothers). We also do not Cover services to reverse voluntary sterilizations.
26. Inpatient Treatment for Alcoholism or Drug Abuse. We do not Cover inpatient treatment for alcoholism or drug abuse including rehabilitation services in a specialized inpatient or residential facility.
However, the Group may elect to add additional coverage for inpatient alcohol and substance abuse treatment. Please check the Supplemental Coverage section of this Certificate to see if you have this coverage.
27. Hospital Stays for Diagnostic Studies. We will not Cover any Hospital stay or a portion of a Hospital stay, that is primarily for diagnostic purposes. This exclusion applies to a Hospital stay or a portion of a Hospital stay during which the services you receive are primarily for diagnostic X-rays, laboratory tests, or other types of diagnostic studies.
28. Long-Term Rehabilitation Services for Physical Therapy. We do not Cover long-term rehabilitation services for physical therapy Coverage is limited to short-term physical therapy as defined in this Certificate.
However, the Group may purchase Long Term Physical Therapy coverage. Please check the Supplemental Coverage section of this Certificate to see if you have this coverage.
29. Membership in Health Clubs. Stays at Spas, Resorts, and other Residential Facilities We do not Cover membership in health clubs, gyms or similar establishments. We do not Cover spa treatments, rest cures or vacations. We do not Cover stays at spas, resorts, residential facilities or any other similar facility. Coverage under this Certificate for room and board is limited to (as defined in this Certificate): Hospitals, Skilled Nursing Facilities, Rehabilitation Facilities (for Covered inpatient physical rehabilitation), Hospice facilities, and Specialized Rehabilitation Facilities (mental health and chemical dependency treatment, if applicable).
30. Mental Health Services. We do not Cover mental health services (inpatient and outpatient).However, the Group may purchase additional coverage for the treatment of mental health and behavioral disorders. Please check the Supplemental Coverage section of this Certificate to see if you have such coverage.
31. Military Service Related Conditions. We do not Cover conditions that are connected with a Member's service in the military and for which the Member is legally entitled to receive services at a government facility provided the facilities are reasonably available to the Member (a maximum drive time of 30 minutes or 20 miles).
32. Non-Acute Hospital Care. We will not Cover any Hospital stay, or any portion of a Hospital stay during which you received non-acute care. This exclusion applies to a Hospital stay or any portion of a Hospital stay in connection with physical check-ups, convalescent or custodial care, rest cures, or sanitarium type care. Care is considered custodial when it is primarily for the purpose of meeting personal needs and could be provided by persons without professional skills or training. For example, custodial care includes help in walking, getting in and out of bed, bathing, dressing, eating and orally taking medicine.
33. Non-Eligible Institutions. We do not Cover non-eligible institutions. We do not Cover any services or supplies furnished by a non-eligible institution, which is defined as other than a Hospital or Skilled Nursing Facility, and which is primarily a place of rest, a place for the aged, or any similar institution, regardless of how denominated.
34. Non-Medical Services.
35. No Show or Late Charges.
36. Nutritionists and Related Services. We will not Cover the services of nutritionists or special dietary products except as specifically Covered under this Certificate. We will not Cover weight counseling.
37. Orthotics. We do not Cover orthoics.
38. Over-the-Counter Medications and Supplies. Except as otherwise Covered under this Certificate under Medical Supplies and supplies for diabetics, We do not Cover over-the-counter medication, drugs, medical supplies, or devices.
39. Preexisting Conditions. Starting from the Enrollment Date, We will not provide Covered Services for a Preexisting Condition for the first 12 months of coverage under this Certificate. However, We will credit the time a Member was covered under Prior Continuous Creditable Coverage. In the case of previous HMO coverage, any affiliation period prior to the previous coverage becoming effective will also be credited.
40. Prescription Drugs. We do not Cover prescription drugs except for drugs: 1) furnished to a Member (as an inpatient) in connection with a Covered Hospital stay, 2) administered during a Covered outpatient procedure, 3) furnished to a Member as part of their Home Health Care benefit, 4) furnished to a Member under their Skilled Nursing Facility benefit, or 5) furnished to a Member as part of their Hospice benefit.
Additionally, except for chemotherapy, We do not Cover outpatient prescription drugs and devises that are administered or implanted in a Providers office.
New York Certificate OHINY EPO 4/03 26 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 Coverage is available for FDA approved prescription drugs if the Group has purchased an Outpatient Prescription Drug option. Please check the Supplemental Coverage section of this Certificate to see if you have this coverage.
41. Private or Special Duty Nursing.
42. Recreational, Educational and Sleep Therapy. We do not Cover recreational, educational or sleep therapy.
43. Refractive Eye Surgery. Generally, We do not Cover refractive eye surgery including but not limited to: LASIK, Laser Thermal Keratoplasty, Orthokeratology, Standard Keratomeluesis, Astigmatic Keratotomy, Photoreactive Keratotomy, Radial Keratotomy, Epikeratoplasty, Keratophakia Keratomileusis. Please note, all denials regarding these surgeries are based on Medical Necessity. If coverage is denied, you are entitled to a Utilization Review Appeal.
44. Routine Foot Care. We do not Cover foot care, in connection with corns, calluses, flat feet, fallen arches, weak feet, chronic foot strain or symptomatic complaints of the feet.
45. Services and Benefits for which the Member is Entitled to Other Coverage as follows:
Workers Compensation. We do not Cover services for the treatment of occupational conditions, ailments, or injuries arising out of and in the course of employment. Such conditions, ailments or injuries are not Covered if they are subject to coverage, in whole or in part, under any workers' compensation, occupational disease or similar federal or state law.
Medicare. We do not Cover services covered by the federal Medicare program when Medicare is the primary payor, We Cover the services provided by this Certificate only to the extent they are not covered under Medicare. Please see the General Administrative Policies and Procedures, and Medicare and Other Government Programs sections of this Certificate.
An Adopted Newly Born Infant's Initial Hospital Stay. We do not Cover an adopted newly born infant's initial hospital stay if the natural parent has coverage available for the infant's care.
No-Fault Automobile Insurance. We do not Cover any Covered Services that are payable as personal injury benefits under mandatory no-fault automobile insurance. Where permitted by state law, any Covered Services which are eligible for payment under the provisions of an automobile insurance contract or pursuant to any federal or state law which mandates indemnification for such services to persons suffering bodily injury from motor vehicle accidents are not Covered.
46. Services for which the Member has No Legal Obligation. We do not Cover supplies or treatment for which the Member has no legal obligation to reimburse the Provider. Any supply or treatment provided by the Subscribers spouse or immediate family or the immediate family of the Subscribers spouse is not Covered. Immediate family shall mean a: child, spouse, mother, father, sister, or brother of the Subscriber or the Subscribers Spouse.
47. Services not Listed. We will not Cover services that are not listed in this Certificate as being Covered.
48. Services Under Appeal. If there is a dispute between a you or a Provider and Us regarding whether or not a services is Covered or Medical Necessary, you or your Provider may appeal Our decision (please refer to Section VI. of this Certificate). However, except for Hospice services, any disputed service or supply will not be Covered during the Appeal process.
Additionally, if you and a Network Provider agree that you will be responsible for the costs of Covered Services that We have determined are not Covered or Medically Necessary, We will not reimburse you.
49. Sexual Dysfunction. We do not Cover medical or surgical treatment of sexual dysfunction unless the dysfunction is biologically-based and/or the result of physical injury or impairment. Counseling for sexual dysfunction is Covered only if the Group has purchased Supplemental Coverage for mental health services. Please check the Supplemental Services section of this Certificate. Please note, all denials are based on Medical Necessity. If coverage is denied for the above described services, you are entitled to a Utilization Review Appeal.
50. Smoking Cessation. We will not Cover smoking cessation programs, devices or services.
51. Special Medical Reports. We do not Cover special medical reports not directly related to treatment. We do not Cover appearances in court or at a hearing.
52. Speech Therapy. We do not Cover speech therapy to correct a condition that is not the result of a disease, injury or a congenital defect for which surgery has been performed. In no event will We Cover speech therapy that continues beyond 365 days after such event.
53. Stand-by Services. We will not Cover stand-by services. Stand-by services are services that a Provider performs relating to being available to provide services on a contingent basis, Mere standing-by is not Covered. Stand-by services may be deemed to be rendered by any Provider. Listed below are examples of two types of stand-by services:
Example One. The administration of anesthesia is not a stand-by services. It is a Covered Service. The services listed below when rendered by an anestheiologist are not Covered. They are deemed stand-by services:
Preparing a contingency anesthesia plan. Merely being in the operating area. Merely being in the Hospital. New York Certificate OHINY EPO 4/03 27 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 Being available for diagnosis and treatment on a contingency basis if needed.
Example Two. Stand-by services may be performed by a surgeon. Surgery or assisting at surgery are not stand-by services. They are Covered Services. The services listed below when performed by a surgeon are not Covered. They are deemed stand-by services:
Preparing a contingency surgery plan. Merely reviewing a patients chart. Merely being in the operating area. Merely being in the Hospital Being available for diagnosis, treatment or surgery on a contingent basis if needed.
54. Third Party Physical Examinations. We do not Cover physical examinations, diagnostic services or immunizations in connection with: obtaining or continuing employment; obtaining or maintaining any license issued by a municipality, state or federal government; obtaining insurance coverage; foreign travel; school admissions or attendance including examinations required for participation in athletic activities.
Court ordered psychological or behavioral evaluations or counseling related to marital disputes, divorce proceedings, or child custody proceedings are not Covered unless the Group has purchased Supplemental Coverage for mental health services (please check the Supplemental Services section of this Certificate) and such benefit has not been exhausted.
55. TMJ. Dental procedures and appliances for the treatment for TMJ (temporomandibular joint syndrome or dysfunction; craniomandibular pain syndrome) are never Covered. However, surgical and nonsurgical medical procedures and orthognathic surgery are Covered if Precertified and approved by Our Medical Director. Please note, all denials for the treatment of TMJ are based on Medical Necessity. If coverage is denied, you are entitled to a Utilization Review Appeal.
56. Transplant Services. We do not Cover transplant services required by a Member when the Member serves as an organ donor, unless the recipient is a Member. The medical expenses of a non-Member acting as a donor for a Member are not Covered if the non-Member's expenses will be covered under another health plan or program. Donor fees in connection with organ transplant surgery are excluded. Routine harvesting and storage of stem cells from newborn cord blood is not Covered. We do not Cover travel expenses, lodging, meals or other accommodations for donors or guests. Transplants performed in facilities other than those designated by Us for the transplant procedure are not Covered.
57. Unnecessary Care. In general, We will not Cover any health care service that We in Our sole judgment, determine is not Medically Necessary. If an External Appeal Agent certified by the State overturns Our denial, however, We shall Cover the procedure, treatment, service, pharmaceutical product, or Durable Medical Equipment for which coverage has been denied, to the extent that such procedure, treatment, service, pharmaceutical product, or Durable Medical Equipment is otherwise Covered under the terms of this Certificate.
58. Usual, Reasonable and Customary (UCR). We do not Cover any charges for Covered Services by a Non-Network Provider that are in excess of UCR charges (as determined by Us). Such charges are the Member's responsibility. Please see the definition of UCR in the Definitions section of this Certificate.
59. Vision Correction Services and Supplies. We do not Cover vision correction services or supplies: eyeglasses (lenses and frames), all manner of contact lenses or corrective lenses, and refractions (examinations for the prescription) or fitting thereof unless the Group has purchased Supplemental Coverage for this benefit. Please see the Supplemental Coverage section of this Certificate.
When performed solely for vision correction, We do not Cover eye exercises, visual training, vision therapy or orthoptics.
60. War. We will not Cover services for care of illness or injury due to war, declared or undeclared.
61. Weight Control. We do not Cover surgical procedures for the purpose of weight control unless Medically Necessary for the treatment of morbid obesity. Please note, all denials for the services described above are based on Medical Necessity. If coverage is denied, you are entitled to a Utilization Review Appeal.
Section VI. How Wi l l t he Pl an Handl e Any Quest i ons or Pr obl ems?
Under New York State law, your completed request for an Appeal must be filed within 45 days of either the date upon which you receive written notification from Us that We have upheld a denial of coverage during the internal Appeal process or the date upon which you receive a written wavier of any internal Appeal. We have no authority to grant an extension to this deadline.
Our Grievance Procedure provides for a meaningful, dignified and confidential procedure to hear and resolve Grievances between Members, Us and, when necessary, Network Providers. This Grievance Procedure also assures that Grievances are handled in a timely manner.
To make this process more accessible to non-English speaking Members, We will arrange to have an interpreter available who speaks your language. Because the interpreter will be an employee of an independent translating service, Our ability to provide this service depends on the availability of the interpreter. We may need to arrange to call you at a time when an appropriate interpreter is available. Additionally, you always have the right to designate a New York Certificate OHINY EPO 4/03 28 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 representative to represent you during the Grievance Procedure. You must provide us with a written consent in order for the designee to act on your behalf. A copy of the Grievance Procedure is available in many languages. Depending on availability, a copy in your language can be forwarded to you upon your request.
IMPORTANT: All Complaints, and First Level Appeals must be initiated 180 days from the receipt of the Explanation of Benefits, Denial Notice, or of the date when the Member became aware of the issue that initiated the Complaint or Appeal.
Grievance Overview
Grievances and Complaints are classified into two categories. The category of the specific issue will determine which process You will need to follow in resolving your issue. The two categories are:
1. Benefit/Administrative Issues The types of items that fall under this category include, but are not limited to, problems with any of Our administrative policies, issues concerning access to providers, denials based on benefit exclusions or limitations, claims payment disputes, and administrative inquires. If this relates to your issue, refer to section I. Grievance Procedure for Benefit/Administrative Issues for further information.
2. Utilization Review Issues This category includes those items, which concern Medically Necessary determinations. The Utilization Review category also includes determinations involving treatment or services that are considered Experimental or Investigational. If this relates to your issue, refer to section II. Grievance Procedure for Utilization Review Issues for further information.
I. Grievance Procedure for Benefit/Administrative Issues
A. Timeframes for Initial Determinations for Benefit/Administrative Issues
1. A request for Service (Pre-Service); We will inform you and your Provider of Our decision, by telephone and in writing, no later than 15 days from receipt of the request.
2. Coverage for a service already rendered. (Post-Service); We will inform you of Our decision within 30 days of Our receipt of the claim.
3. A request for Urgent Care: We will inform You or your provider, Subject to Medical Appropriateness, not later than 72 hours after the receipt of the claim. This includes any claim for medical service that if subjected to the standard time frames, could seriously jeopardize the life or health of the covered person.
Please note: We will inform you and your Provider of Our decision, by phone and in writing, within the time frames stated above. Once the review is complete, he or she will provide you with Our written
or electronic notification. Our response will include Our decision on the Initial Benefit Determination as well as the detailed reasons for the decision, including the clinical rationale if applicable, along with references to any applicable specific plan provisions on which the benefit determination was based. It will also include information on how to file a First Level Grievance, and information on how the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimants claim for benefits. The timeframes stated in this section might change if We need additional information from you in order to process your claim, or request for service:
We will notify You or your provider within the timeframes stated above that there is a lack of information to process either your request for service or your claim for a service already rendered. You will have up to 45 days to provide the additional information. The 45 day period is calculated from the date you receive Our request for information. A determination will be rendered within 15 days of receipt of the information or 15 days from the expiration of the period of time allowed to provide the information.
For Urgent Care Services, information will be requested by Us within 24 hours of receipt of the request; you will have 48 hours to provide Us with the information necessary to complete your request for service. We will render a decision within 48 hours of receipt of the information, or the expiration of the original request for additional information, whichever is sooner.
In all cases, if no information is received within the required timeframes, the claim or request for service will be denied.
Please Note: The Grievance Procedure described below should be used when you have a problem with any of Our policies, procedures or determinations (Our administrative procedures, access to providers, failure to use a Network Provider, Covered benefits under the Certificate, etc.) except for issues concerning Medical Necessity. All issues concerning Our determination of Medical Necessity must be resolved through the Grievance Procedure for Utilization Review Issues process described in Section II.
There are two basic elements to the Grievance Procedure for Benefit Administrative Issues for Members, Complaints and Appeals as described below.
B. Complaints
You may advise Us of a problem by calling a Customer Care Representative 1-800-444-6222. The Customer Care Representative will attempt to resolve your Complaint at the time of the call. If you remain dissatisfied, or for complaints that are not resolved at the time of the call, you may file a Grievance by following the procedure outlined below.
New York Certificate OHINY EPO 4/03 29 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 C. Grievance Appeal Procedure
First Level Grievance
You have the right to request a review of Our initial determination. You or your designee must file a Grievance within 180 days of receipt of the Explanation of Benefits, Denial Notice, or of the date when You became aware of the issue that initiated the Grievance. You may file a Grievance, either by telephone or in writing with Our Correspondence Department. The staff of the Correspondence Department will acknowledge receipt of the Grievance, in writing, within 5 business days of receipt. The acknowledgment will include the contact information for the Department, which has been designated to investigate the grievance and indicate if any additional information is needed.
An individual in the Department will conduct a review of the Grievance. Once the review is complete, he or she will provide you with Our written or electronic notification. Our response will include Our decision on the Grievance as well as the detailed reasons for the decision, including clinical rationale if applicable, along with references to any applicable specific plan provisions on which the benefit determination was based. It will also include information on how to file a Second Level Appeal, and information on how the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimants claim for benefits.
We will advise you, your designee, or Provider (if applicable) of Our decision:
Not later than 30 days from the Correspondence Departments receipt of a Grievance for services that have already been received.
Not later than 15 days from the Correspondence Departments receipt of a Grievance for the request for services or treatment that has not yet been received.
Not later than 45 days of receipt of all necessary information for administrative matters concerning our participating providers.
If Oxford upholds its prior determination, the Member will receive Second Level Appeal rights in the determination letter
Expedited Grievance Procedure
Occasionally, medical circumstances require that certain procedures be performed without significant delay. When the time frames of the normal Grievance process would seriously jeopardize the Members life or health, their ability to regain maximum function, or in the opinion of a doctor with knowledge of the health condition, cause the Member severe pain that cant be managed without the requested services, the Grievance Review Board will, upon notification, render a decision that will include written notification to the Member, within 48 hours from receipt of all necessary information or 72 hours from receipt of the Grievance, whichever is shorter. Grievances for determinations of services that have already been provided cannot be appealed on an expedited basis.
Second Level Appeal Procedure
If You remain dissatisfied with the results of the Grievance determination, You or your designee may Appeal to the Grievance Review Board (the Board). You have 60 business days from the date on which you received notice of the Correspondence Department's determination. We will acknowledge the receipt of the Members appeal within 15 business days of the receipt of the Appeal requests. The acknowledgement will include the name, address and telephone number of the individual who has been designated to investigate your Appeal and indicate if any additional information is needed.
The Board will make its decision on the Second Level Appeal not later than:
30 days from the Boardsreceipt of an Appeal for services that have already been received.
15 days from the Boards receipt of an Appeal for the request for services or treatment that has not yet been received.
2 business days after receipt of necessary information when a delay would significantly increase the risk to an enrollees health.
The Board will:
1. Rule that the Appeal is valid and recommend corrective action to resolve the matter; or
2. Rule that the Appeal is without merit and does not require further action.
You will receive written notice of the Board's decision. Once the review is complete, We will provide you with Our written or electronic notification. Our response will include Our decision on the Appeal as well as the detailed reasons for the decision, including the clinical rationale if applicable, along with references to any applicable specific plan provisions on which the benefit determination was based. And information on how the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimants claim for benefits.
The Board is a committee of Our employees appointed for the express purpose of reviewing and resolving Member Appeals. When an Appeal is clinical in nature, the Board will include a licensed, certified or registered individual who did not review the issue at the First Level Grievance. If the Appeal pertains to an administrative issue, individuals of a higher level than those who reviewed the First Level Grievance will resolve the Second Level Appeal.
The ruling of the Grievance Review Board will be Our final position.
New York Certificate OHINY EPO 4/03 30 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 Members may write to either (or both) the New York State Insurance Department or the Department of Health, Office of Managed Care, Bureau of Managed Care Certification and Surveillance at any time during the Grievance process
Consumer Services Bureau State of New York Insurance Department 25 Beaver Street New York, NY 1004-2319 (212) 602-0203
Office of Managed Care Bureau of Managed Care Certification and Surveillance New York Department of Health Corning Tower - Room 1911 EmpireState Plaza Albany, NY 12237 (518) 474-2121
Please note: You may also call the Department of Health 1-800-206-8125 at anytime during the Grievance Procedure process. You do not have to wait until the process is exhausted.
All information pertaining to each Complaint and Appeal will be fully documented, and we will retain such records for at least three years.
II. Grievance Procedure for Utilization Review Issues Please Note: This procedure must be used whenever your issue concerns Our determination that a Covered Service is not Medically Necessary. Complaints, and Appeals concerning all other Non- Medical Necessity determinations will be addressed through the Grievance Procedure for Benefit Administration Issues as described above.
A. Utilization Review
Covered Services are subject to Utilization Review. This means that our Medical Management Department reviews pertinent medical information in order to determine whether or not the proposed service (request for Precertification), the service currently being provided (Concurrent Review), or the service that was provided (Retrospective Review) is a Covered Service under the Certificate and Medically Necessary. If any of the following occur because We have made the determination that such service is not Medically Necessary (Adverse Determination), you may appeal that determination:
A request for Precertification. We will inform you and your Provider of Our decision, by telephone and in writing, no later than 3 business days from receipt of the necessary information.
Coverage for a current service for a member in an ongoing course of treatment. We will inform you and/or your Provider of Our decision, by phone and in writing, within 1 business day of our receipt of all necessary information; Coverage for a urgent current service for a member in an ongoing course of treatment shall be decided as soon as possible, taking into account the medical exigencies, We will notify the claimant of the benefit determination, whether adverse or not, within 24 hours after receipt of the claim by the plan, provided that any such claim is made to the plan at least 24 hours prior to the expiration of the prescribed period of time or number of treatments.
Coverage for a service already received is denied (Retrospective Review). We will inform you of Our decision within 30 days of Our receipt of the claim.
Please note: We will inform you and your Provider of Our decision, by phone and in writing, within the time frames stated above. Once the review is complete, We will provide you with Our written or electronic notification. Our response will include Our decision on the Initial Benefit Determination as well as the detailed reasons for the decision, including the clinical rationale if applicable, along with references to any applicable specific plan provisions on which the benefit determination was based. It will also include information on how to file a First Level Appeal, and information on how the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimants claim for benefits.
If We fail to make a determination within these timeframes, the request will be deemed an Adverse Determination subject to the appeals provisions below.
The timeframes stated in this section might change if We need additional information from you in order to process your claim, or request for Precertification:
1. A request for Service (Pre-Service): We will notify You or your provider within 15 days that there is a lack of information to process your request for service. You will have up to 45 days to provide the additional information. The 45-day period is calculated from the date you receive Our request for information. A determination will be rendered within 3 business days of receipt of the additional information, if received within 45 days, or 15 days from the expiration of the period of time allowed to provide the information.
2. Coverage for a service already rendered. (Post-Service); We will notify You or your provider within 30 days that there is a lack of information to process your claim for a service already rendered. You will have up to 45 days to provide the additional information. The 45-day period is calculated from the date you receive Our request for information. A determination will be rendered within 15 days of receipt of the additional information, if received within 45 days, or 15 days from the expiration of the period of time allowed to provide the information.
3. A request for Urgent Care: For Urgent Care Services, information will be requested by Us within 24 hours of receipt of the request; you will have 48 hours to provide Us with the New York Certificate OHINY EPO 4/03 31 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 information necessary to complete your request for service. We will render a decision within 48 hours of receipt of the information, or the expiration of the original request for additional information, whichever is sooner.
In all cases, if no information is received within the required timeframes, the claim or request for service will be denied.
B. Appeal Procedure for Utilization Review Issues; Appealing Adverse Determinations
The Member or the Members designee may appeal Adverse Determinations relating to Precertification and Concurrent Review.
You must provide us with a written consent in order for the designee to act on your behalf. In the event that We render an adverse determination without attempting to discuss the matter with the Members health care provider who specifically recommended the health care service, procedure or treatment under review, The Members Provider may request a reconsideration of the adverse determination. If We make such an Adverse determination without attempting to discuss the matter with the Members Provider, We will respond within one business day of Our receipt of the request for reconsideration.
Retrospective Adverse Determinations may be appealed by either the Member, the Members designee or the Members Provider.
All Appeals may be initiated either in writing or by telephone. Clinical personnel who did not participate in the initial review will review all Appeals.
First Level Appeal
After you are informed of the Adverse Determination, you, your designee or your Provider (if applicable) have up to 180 days to initiate the Appeal process. The person initiating the Appeal must write or telephone Us within this 180-day period. To initiate an Appeal, please call Customer Care at 1-800-444-6222 or write to Clinical Appeals Department at P.O. Box 29139, Hot Springs, AR 71903-29139. We will acknowledge the receipt of your Appeal within 5 business days of the receipt of the Appeal requests. The acknowledgment will include the name, address and telephone number of the individual who has been designated to investigate your Appeal.
We will advise you, your designee, or Provider ( if applicable) of Our decision:
1. Not later than 30 days from the Clinical Appeals Departments receipt of an Appeal for services that have already been received.
2. Not later than 15 days from the Clinical Appeals Departments receipt of an Appeal for the request for Precertification or concurrent care.
3. Within 2 business days of receipt of all necessary information, (but in no event no later than 72 hours) of receipt of a request for urgent Precertification or Concurrent Services.
If the Adverse Determination is upheld, you will receive written or electronic notification. Our response will include Our decision on the Appeal as well as the detailed reasons for the decision, including the clinical rationale if applicable, along with references to any applicable specific plan provisions on which the benefit determination was based. It will also include information on how to file a Second Level Appeal and/or an External Appeal, and information on how the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimants claim for benefits.
If you disagree with the first level appeal determination you may appeal to the Grievance Review Board described below under Second Level Appeal and/or go directly to the New York State external appeal process described in Section III. The 45 day timeframe for requesting an external appeal begins upon the receipt of the final adverse determination of the first level appeal, regardless of whether or not a second level appeal is requested, by choosing to request a second level internal appeal, the time may expire for You to request an external appeal. However, if you choose to pursue simultaneously an External Appeal and a Second Level Appeal, Oxford reserves the right to waive the Second Level Appeal process and, in lieu of a Second Level Appeal, Oxford will be bound by the decision of the external appeal agent. In such case, you will not be required to complete a Second Level Appeal in order to exercise any rights you may have under ERISA.
If We fail to make an Adverse Determination Appeal decision within;
2 business days of receipt of necessary information for Expedited Appeals; or
60 days of the receipt of necessary information for Utilization Review Appeals;
The original Adverse Determination will be reversed.
III. Expedited Utilization Review Appeal
If you are in an ongoing course of treatment and are seeking continued or extended services, or your Provider believes that an immediate Appeal is necessary because the time frames of the Utilization Review Appeal process would significantly increase the risk to your health, then you, your designee or your Provider may request an Expedited Utilization Review Appeal. Retrospective Final Adverse Determinations cannot be appealed on an expedited basis.
The Appeal may be made in writing or by telephone. Within one day of Our receipt of the Appeal, We will provide reasonable access to Our clinical peer reviewer. We will provide access to Our facsimile machines or other services as needed. Oxford will render a decision to either uphold or reverse the Adverse Determination. The decision will include written notification to the Member; within 2 New York Certificate OHINY EPO 4/03 32 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 business days from receipt of all necessary information or 72 hours from receipt of the appeal, whichever is shorter. If you continue to be dissatisfied with the decision of the Expedited Appeal, you may Appeal that decision through the Appeal Procedure for Utilization Review Issues described above, or you may Appeal that decision through the External Appeal process described below. If you disagree with the Expedited Appeal determination you may file a First Level Appeal and/or go directly to the New York State external appeal process described in Section III. The 45-day timeframe for requesting an external appeal begins upon the receipt of the final adverse determination of the Expedited Appeal, regardless of whether or not a First level appeal is requested, by choosing to request a first level internal appeal, the time may expire for You to request an external appeal.
Second Level Appeal
If you are still dissatisfied with the results after the First Level Appeal has been completed, you or your designee may file your written Appeal with the Grievance Review Board (the Board). This Appeal must be filed within 60 business days of the date on which you received notice of the First Level Appeal determination letter. We will respond to the receipt of the Members appeal within 15 business days of the receipt of the Appeal requests. The response will include the name, address and telephone number of the individual who has been designated to investigate your Appeal.
The Board will make its decisions not later than:
30 days from the Boards receipt of an Appeal for services that have already been received.
15 days from the Boards receipt of an Appeal for the request for Precertification or Concurrent Care.
The Board will:
1. Rule that the Appeal is valid and recommend corrective action to resolve the matter; or
2. Rule that the Appeal is without merit and does not require further action. You will receive written notice of the Board's decision. Once the review is complete, We will provide you with Our written or electronic notification. Our response will include Our decision on the Appeal as well as the detailed reasons for the decision, including the clinical rationale if applicable, along with references to any applicable specific plan provisions on which the benefit determination was based. And information on how the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimants claim for benefits.
The ruling of the Grievance Review Board will be Our final position.
Members may write to either (or both) the New York State Insurance Department or the Department of Health, Office of Managed Care, Bureau of Managed Care Certification and Surveillance at any time during the appeal process.
Consumer Services Bureau Office of Managed Care State of New York Insurance Department Bureau of Managed Care 25 Beaver Street Certification and Surveillance New York, NY 10004-2319
New York Department of Health 1-800-342-3736 Health Corning Tower - Room 1911 Empire State Plaza Albany, NY 12237 (518)-474-4156
Please note: You may also call the Department of Health 1-800-206-8125 at anytime during the Grievance Procedure process. You do not have to wait until the process is exhausted.
All information pertaining to each initial adverse determination and Appeal will be fully documented, and we will retain such records for at least three years.
IV. EXTERNAL APPEAL
A. YOUR RIGHT TO AN EXTERNAL APPEAL
Under certain circumstances, you have a right to an External Appeal of a denial of coverage. Specifically, if We deny coverage on the basis that the service is not Medically Necessary or is an experimental or investigational treatment, you or your representative may appeal that decision to an External Appeal Agent, an independent entity certified by the State to conduct such Appeals.
B. YOUR RIGHT TO APPEAL A DETERMINATION THAT A SERVICE IS NOT MEDICALLY NECESSARY
If We deny coverage on the basis that the service is not Medically Necessary, you may appeal to an External Appeal Agent if you satisfy the following two criteria:
The service, procedure or treatment must otherwise be a Covered Service under this Certificate; and
You must have received a Final Adverse Determination through Our internal review process, and We must have upheld the denial, or you and We must agree in writing to waive any internal Appeal.
C. YOUR RIGHT TO APPEAL A DETERMINATION THAT A SERVICE IS EXPERIMENTAL OR INVESTIGATIONAL
If you have been denied coverage on the basis that the service is an experimental or investigational treatment, you must satisfy the following two criteria:
New York Certificate OHINY EPO 4/03 33 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 The service must otherwise be a Covered Service under this Certificate; and
You must have received a Final Adverse Determination through Our internal appeal process and We must have upheld the denial, or you and We must agree in writing to waive any internal appeal.
In addition, your attending physician must certify that you have a life-threatening or disabling condition or disease. A life-threatening condition or disease is one, which, according to the current diagnosis of your attending physician, has a high probability of death. A disabling condition or disease is any medically determinable physical or mental impairment that can be expected to result in death, or that has lasted or can be expected to last for a continuous period of not less than 12 months, which renders you unable to engage in any substantial gainful activities. In the case of a child under the age of 18, a disabling condition or disease is any medically determinable physical or mental impairment of comparable severity.
Your attending physician must also certify that your life-threatening or disabling condition or disease is one for which standard health services are ineffective or medically inappropriate or one for which there does not exist a more beneficial standard service or procedure Covered by Us or one for which there exists a clinical trial (as defined by law).
In addition, your attending physician must have recommended one of the following:
A service, procedure or treatment that two documents from available medical and scientific evidence indicate is likely to be more beneficial to you than any standard Covered Service (only certain documents will be considered in support of this recommendation your attending physician should contact the State in order to obtain current information as to what documents will be considered acceptable); or
A clinical trial for which you are eligible (only certain clinical trials can be considered).
For the purposes of this section, your attending physician must be a licensed, board-certified or board eligible physician qualified to practice in the area appropriate to treat your life-threatening or disabling condition or disease.
D. THE EXTERNAL APPEAL PROCESS
If, through Our internal review process, you have received a Final Adverse Determination upholding a denial of coverage on the basis that the service is not Medically Necessary or is an experimental or investigational treatment, you have 45 days from receipt of such notice to file a written request for an external appeal.
If you and We have agreed in writing to waive any internal appeal, you have 45 days from receipt of such waiver to file a written request for an External Appeal.
We will provide an External Appeal application with the Final Adverse Determination issued through Our internal review process, or Our written wavier of any internal appeal.
You may also request an External Appeal application from New York State at (1-800-400-8882. Submit the completed application to State Department of Insurance at the address indicated on the application. If you satisfy the criteria for an External Appeal, the State will forward the request to a certified External Appeal Agent.
You will have an opportunity to submit additional information with your request. If the External Appeal Agent determines that the information you submit represents a material change from the information on which We based Our denial, the External Appeal Agent will share this information with Us in order for Us to exercise Our right to reconsider Our decision. If We choose to exercise this right, We will have three business days to amend or confirm Our decision. Please note that in the case of an Expedited Appeal (described below), We do not have the right to reconsider Our decision.
In general, the External Appeal Agent must make a decision within 30 days of receipt of your completed application. The External Appeal Agent may request additional information from you, your physician or Us. If the External Appeal Agent requests additional information, they will have five additional business days to make its decision. The External Appeal Agent must notify you in writing of its decision within two business days.
Expedited External Appeal
If your attending physician certifies that a delay in providing the service that has been denied poses an imminent or serious threat to your health, you may request an Expedited External Appeal. In that case, the External Appeal Agent must make a decision within three days of the receipt of your completed application. Immediately after reaching a decision, the External Appeal Agent must try to notify you and Us by telephone or facsimile of that decision. The External Appeal Agent must also notify you in writing of its decision.
If the External Appeal Agent overturns Our decision that a service is not Medically Necessary or approves coverage of an experimental or investigational treatment, We will provide coverage subject to the other terms and conditions of this Certificate. Please note that if the External Appeal Agent approves of an experimental or investigational treatment that is part of a clinical trial, We will only Cover the costs of services required to provide treatment to you according to the design of the trial. We shall not be responsible for the costs of investigational drugs or devices; the costs of non- health care services, the costs of managing research, or the costs, which would not be Covered under this Certificate for non- experimental or non-investigational treatments provided in such clinical trial.
The External Appeal Agents decision is binding on both you and Us. The External Appeal Agents decision is admissible in any court proceeding.
New York Certificate OHINY EPO 4/03 34 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 We will charge you a fee of $50 for an external appeal. The External Appeal application will instruct you on the manner in which you must submit the fee.
We will also waive the fee if We determine that paying the fee would pose a hardship to you. If the External Appeal Agent overturns the denial of coverage, the fee shall be refunded to you.
E. YOUR RESPONSIBILITIES
It is your RESPONSIBILITY to initiate the External Appeal process. You may initiate the External Appeal process by filing a completed application with the New York State Department of Insurance. An insured, the insureds designee and, in connection with a retrospective adverse determinations, an insureds health care provider, shall have the right to request External Appeal.
Under New York State law, your completed request for an Appeal must be filed within 45 days of either the date upon which you receive written notification from Us that We have upheld a denial of coverage during the internal Appeal process or the date upon which you receive a written wavier of any internal Appeal. We have no authority to grant an extension to this deadline.
Employee Retirement Income Security Act (ERISA) Rights
After all levels of Appeals have been completed, the Member may have the right to file a civil action under 502(a) of the Employee Retirement Income Security Act. ERISA rights do not apply if the Members coverage for health benefits was:
1. Obtained through employment with a church or government group; or
2. Purchased as an individual plan from Oxford.
Section VII. Ter mi nat i on of Cover age
1. How Your Coverage May Terminate
Your Coverage under this Certificate will terminate:
A. Where permitted by the Group, upon written notice from you. If you provide written notice at least 15 days prior to the beginning of the following month, coverage will terminate on the last day of the month in which notice is given. If 15 days notice is not received, coverage under this provision will not terminate until the end of the following month. Please Note: This provision is not available if the Group pays 100% of the Premium.
B. Upon termination of the Agreement. Either We or the Group can terminate the Agreement under certain conditions. Coverage will cease at 11:59 midnight on the date the Agreement terminates. We are not obligated to notify you that your coverage under this Plan is being terminated. The Group will provide you with this notice. The fact that you did not receive notice from Us will not continue or extend your coverage under this Plan beyond the date of the Agreement.
C. Upon loss of eligibility. Your coverage will cease on the date you no longer meet the eligibility requirements of your Group or the requirements of this Certificate regarding eligibility for coverage. When a Subscriber loses eligibility, his or her Covered Dependents will also become ineligible on that date.
D. For cause, if you:
1. repeatedly refuse to pay a required Copayment or Coinsurance to a Network Provider;
2. Threaten the life of, and/or otherwise threaten to commit (or commit) an act of violence against: an Oxford employee, Oxford property, a Network Provider or member of his or her staff, or the property of an Network Provider.
3. do not cooperate with the Us by failing to provide information regarding other coverages, or providing releases, assignments and other documents as may be requested for reimbursement under COB, Workers' Compensation, Medicare or automobile insurance, or as otherwise required for the administration of the Plan by this Certificate;
4. have permitted your Identification Card to be used improperly. We will not be responsible for the cost of any Covered Services obtained through the misuse of the card and We have the right to recover any expenditures incurred as a result of the misuse of the Identification Card. A Member's misuse of his or her Identification Card will not result in termination of coverage for the Member's entire family unless the Member is the Subscriber;
5. have made a material misrepresentation to Us in your application. In this instance, We will rescind coverage and you will be responsible for the costs of all services received. No statement made for the purpose of obtaining coverage will result in recission of coverage unless the statement is contained in the application and a copy has been provided to you prior to termination;
6. have made a material misrepresentation to Us (other than in your application), or have committed a fraud against Us. We will terminate coverage upon written notice. We have the right to recover any expenditures incurred on or after the date of the misrepresentation or fraud. No statement will be used to terminate coverage unless it is in writing and signed by the Subscriber or Member. All statements made by any Member or any person applying for coverage under this Certificate will be deemed representations, not warranties;
Coverage will not be terminated on the basis of your health status or health care needs. Exercising your Grievance rights will not result in the termination of coverage.
2. Effective Date of Termination
If you have been terminated for cause (subsection D. above), We will notify you of the termination in writing. All terminations are effective 31 days from the date the notice is mailed. New York Certificate OHINY EPO 4/03 35 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 3. Reinstatement
A Member will not be reinstated automatically if Coverage is terminated.
Re-application is required.
Section VIII. What Happens I f I Lose Cover age?
1. Termination or Loss of Eligibility: Coverage Options
I. COBRA
Federal law provides that, in certain cases, coverage may continue under this Plan. The abbreviation for that law is COBRA. Electing coverage under this provision ends any rights under any applicable state continuation provision. The following is a summary of the terms and conditions.
A. Continuation of Coverage for You and Your Covered Dependents
If you and your Covered Dependents become ineligible under the Certificate due to (a) termination of your employment for any reason (except for gross misconduct on your part), or (b) a reduction in your hours of employment, coverage may be continued under this Certificate for you and/or your Covered Dependents, subject to the following:
1. You and/or your Covered Dependents must elect to continue such coverage and coverage by the Plan within the 60-day period described in the Notice of Federal Continuation Rights given by the Group to you and/or your Covered Dependents;
2. You and/or your Covered Dependents make the required contributions;
3. You and/or your Covered Dependents are not entitled to Medicare or covered under Medicare or any other group health plan; and
4. You and/or your Covered Dependents comply with all other terms and conditions under this Certificate.
The coverage under this subsection A. will end on the earliest of:
1. The last day of the 18-month period from the date you became ineligible under the Certificate. This 18-month period may be extended to a 29-month period for you or a Covered Dependent who is and remains disabled as determined under Title II or XVI of the Social Security Act;
2. The date any required contribution for a Member on COBRA is not made;
3. The date any Member on COBRA becomes entitled for benefits under Medicare;
4. The date any Member on COBRA becomes covered under another group health plan without limitation or exclusion of preexisting conditions; and
5. The date that coverage under this Certificate is discontinued with respect to all employees of the Group.
B. Continuation of Dependent Coverage Only
Coverage under this Certificate may be continued for Covered Dependents who become ineligible while Covered under this Plan. In addition to your termination of employment or reduction in hours, as described above in subsection 1, this provision applies when your Covered Dependents lose eligibility for any of the following reasons:
1. You die while providing coverage for your Covered Dependents under this Certificate;
2. There is a divorce or legal separation from you; or
3. A Covered Dependent (other than spouse) ceases to be a Covered Dependent as defined in the Certificate.
Newborns who are born while the Subscriber is on COBRA Continuation and children placed in the Subscribers home for adoption while the Subscriber is on COBRA Continuation, are eligible for COBRA coverage. They must be enrolled in accordance with the Certificates terms and conditions for Dependent coverage.
To obtain coverage under this provision, the Member must: notify the Group of the event; elect in writing to continue coverage within the 60-day period described in the Notice of Federal Continuation Rights; make the required contributions; and not be entitled to Medicare or other Group coverage.
Coverage under this subsection B. will end on the earliest of:
1. The last day of the 36-month period from the date the Member became ineligible under the Certificate;
2. The date any required contribution is not made;
3. The date the Member becomes entitled to benefits under Medicare;
4. The date the Member becomes covered under any group health plan without limitation or exclusion of preexisting conditions; or
5. The date coverage under this Certificate is discontinued with respect to all employees of the Group.
New York Certificate OHINY EPO 4/03 36 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 C. Other COBRA Information
1. Coverage for Persons on COBRA Under a Prior Plan. You or your Covered Dependent may have elected COBRA under a prior plan. In such a case, this Plan will provide coverage for the period remaining under COBRA subject to the termination provisions described above, and all other terms and conditions of this Certificate. Any time exhausted under the prior plan, whether due to an extension of benefits or otherwise, will be deducted from the length of time COBRA coverage is available under this Certificate.
2. Increases and Decreases in Coverage. Any amount of coverage or benefits continued under COBRA is subject to any increases and reductions as set forth in Section II., "Increase or Reduction in Benefits."
3. Notification Requirements
a. Election. The failure to elect coverage within the 60-day period discussed above will result in the loss of the COBRA option.
b. Benefits. You or your Covered Dependents must notify the Group no later than 60 days after any of the following events occur:
i. There is a divorce or legal separation between you and your spouse;
ii. A child ceases to be a Covered Dependent as defined in this document.
Failure to provide this notice will result in the loss of the COBRA option.
c. Disability. If coverage for you or your Covered Dependents is being continued for 18 months under Section A. above and it is determined that you or your Covered Dependent was disabled (as determined under Title II or XVI of the Social Security Act) either before or during the first 60 days of coverage under Section A, you or your Covered Dependent must notify the Group of such determination within 60 days after the date of the determination (if you or your Covered Dependent wishes to receive 29 months of COBRA coverage). The Group must also be notified within 30 days after the date of any final determination that you or your Covered Dependent is no longer disabled.
4. Payment Requirements
You or your Covered Dependents must pay for COBRA coverage. Payments are made on a monthly basis and must be paid to the Group in advance (in some instances, payment will be sent directly to Us). The first payment must be sent with the election notice to the Group.
5. Multiple Continuation Periods
If a Covered Dependent is on an 18-month continuance under Section A, and one of the events listed in Section B occurs, coverage can be extended. Coverage for up to 36 months is available, measured from the date that coverage under Section A began. Any extended coverage is subject to all other terms of the Certificate.
6. Maximums, Deductibles and Copayments
a. Any benefit maximums as well as any other limits on benefits under COBRA will be reduced by any corresponding amounts or limitations previously paid or satisfied, whether in whole or in part under this Certificate on the date before you became ineligible under this Certificate.
b. Any Copayments paid for the Contract Year under this Certificate before you became ineligible under this Certificate will be applied toward the satisfaction of the Copayment limit for that Contract Year.
7. Conversion
The conversion privilege described in Conversion Privilege section below is available to Members upon termination of COBRA.
II. State of New York Continuation
If the Group is not subject to COBRA, continuation as required by the State of New York ("State Continuation") may be available as described below. Please note: A Member is not eligible for State Continuation if he or she:
Is eligible for COBRA;
Is covered or could be covered by Medicare; or
Is covered or is eligible for coverage under another group health plan (either as an employee or dependent), regardless if the plan is insured or uninsured but only if such health plan does not contain an exclusion or limitation with respect to a Member's pre-existing condition.
A. Continuation of Coverage for You and Your Covered Dependents
If a Member's coverage under this Certificate would end because the Subscriber:
has terminated employment ; or
New York Certificate OHINY EPO 4/03 37 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 has become a member of a class of employees who are not eligible for coverage the Member and/or Covered Dependents may apply for State Continuation. Members who wish to elect State Continuation must request the coverage, in writing, within the 60-day period following the later of: the date of the termination or ineligibility; or the date the Member is given notice by the Group.
The coverage under this subsection A. will end on the earliest of:
1. Eighteen months after the date the Member became ineligible under the Certificate. This 18-month period may be extended to a 29-month period for a Member who is and remains disabled as determined under Title II or XVI of the Social Security Act;
2. The date any required contribution is not made;
3. The date any Member becomes covered or eligible for coverage under Medicare;
4. The date any Member becomes covered or eligible for coverage under another group health plan (as either a subscriber or dependent) unless that plan restricts coverage of a pre-existing condition of the Member; or
5. The date that coverage under this Certificate is discontinued with respect to all employees of the Group.
B. Continuation of Dependent Coverage Only
Coverage under this Certificate may be continued for Covered Dependents who become ineligible while Covered under this Certificate. This provision applies only when your Covered Dependents lose eligibility for any of the following reasons:
1. You die while providing coverage for your Covered Dependents under this Certificate;
2. There is a divorce or legal separation from you;
3. A Covered Dependent (other than spouse) ceases to be a Dependent as defined in the Certificate.
Newborns who are born while the Subscriber is on COBRA Continuation and children placed in the Subscribers home for adoption while the Subscriber is on COBRA Continuation, are eligible for COBRA coverage. They must be enrolled in accordance with the Certificates terms and conditions for Dependent coverage.
To obtain coverage under this provision, the Member must, in writing, elect to continue coverage within the 60-day period following the event qualifying them for coverage.
Coverage under this subsection B. will end on the earliest of:
1. The last day of the 36-month period from the date the Member became ineligible under the Certificate;
2. The date any required contribution is not made;
3. The date the Member becomes eligible for benefits under Medicare;
4. The date the Member becomes eligible for coverage under any group health plan (either as a subscriber or dependent) unless that plan restricts coverage of a pre-existing condition of the Member; or
5. The date coverage under this Certificate is discontinued with respect to all employees of the Group.
C. Other State Continuation Information
1. Coverage for Members on State Continuation Under a Prior Plan.
You or your Covered Dependents may have elected State Continuation under the Group's prior plan. In such a case, this Plan will provide coverage for the period remaining under State Continuation subject to the termination provisions described above, and all other terms and conditions of this Certificate. Any benefits paid under the prior plan, whether due to an extension of benefits or otherwise, will be deducted from benefits payable under this Certificate.
2. Disability
If coverage for you or your Covered Dependents is being continued for 18 months under Section A. above and it is determined that you or your Covered Dependent was disabled (as determined under Title II or XVI of the Social Security Act) either before or during the first 60 days of coverage under Section A, you or your Covered Dependent must notify the Group of such determination within 60 days after the date of the determination (if you or your Covered Dependents want to receive 29 month of continuation coverage). The Group must also be notified within 30 days after the date of any final determination that you or your Covered Dependent is no longer disabled.
3. Payment Requirements
You or your Covered Dependents must pay for State Continuation coverage. Payments are made on a monthly basis and must be paid to the Group in advance. The first payment must be sent with the election notice to the Group.
4. Multiple Continuation Periods
If a Covered Dependent is on an 18-month continuance under Section A, and one of the events listed in Section B occurs, coverage can be extended. Coverage for up to 36 months is available, measured from the date that coverage under Section A began. Any extended coverage is subject to all other terms of the Certificate.
New York Certificate OHINY EPO 4/03 38 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 5. Maximums, Deductibles and Copayments
a. Any benefit maximums as well as any other limits on benefits under State Continuation will be reduced by any corresponding amounts or limitations previously paid or satisfied, whether in whole or in part under this Certificate on the date before you became ineligible under this Certificate.
b. Any Copayments paid for the Contract Year under this Certificate before you became ineligible under this Certificate will be applied toward the satisfaction of the Copayment limit for that Contract Year.
6. Conversion
The Conversion Privilege described below is available to Members upon termination of their State Continuation.
III. Extended Benefits
1. Eligibility for Extended Benefits
If a Member is Totally Disabled on the date his or her coverage under the Plan ends, the Plan will pay benefits only for those Covered Services that are for the treatment of the particular injury or sickness that is the cause of the Total Disability.
For purposes of this section, Total Disability means: a Subscriber who is prevented because of injury or disease from performing his or her regular or customary occupational duties and is not engaged in any work or other gainful activity for pay or profit. A Covered Dependent who is prevented because of injury or disease from engaging in substantially all of the normal activities of a person of like age and sex who is in good health.
2. Termination of Extended Benefits
Extended Benefits will end on the earliest of the following:
a. The date the Member is no longer Totally Disabled as determined by the Member's Physician;
b. The date the contractual benefit limit has been reached;
c. Twelve months from the date coverage under the Extended Benefits Provision began.
d. The date the Member becomes eligible for benefits under any group policy providing medical benefits or services, or Medicare (if allowed by law).
3. Limits on Extended Benefits
We will not pay Extended Benefits:
a. For any Member who is not Totally Disabled on the date his or her insurance under this Certificate ends;
b. For any child born as the result of a pregnancy for which benefits are being extended; and
c. Beyond the extent to which We would have paid benefits under the Certificate if coverage had not ended.
Continuation of coverage under either COBRA or State of New York Continuation is not available if Extended Benefits has been elected or exhausted.
Conversion Coverage is not available once Extended Benefits has been elected or exhausted.
IV. Conversion Privilege
In the event you cease to be eligible for coverage under this Certificate, you may, within 45 days after termination of coverage under this Certificate convert to individual membership. The individual coverage will become effective as of the date of the termination. In order to be eligible for conversion coverage, your coverage, or the coverage of your Covered Dependents, must terminate for one of the following reasons:
1. The Agreement between the Group and Us is terminated and the Group does not replace the coverage provided by this Certificate with continuous and similar coverage;
2. A Subscriber ceases to meet the eligibility requirements of this Certificate. In this instance, the Subscriber and his or her then Covered Dependents are eligible to convert;
3. A Covered Dependent ceases to meet the eligibility requirements of this Certificate because of attaining the limiting age, death of the Subscriber or divorce or annulment; or
4. Continuation of coverage under COBRA, or State Continuation expires and the Member is not eligible for coverage under any other group health plan or Medicare.
In order to be eligible for conversion coverage a Subscriber must have been continuously Covered under this Certificate for at least three months immediately prior to the termination;
Conversion coverage is not available if:
1. The Member is or is eligible to be covered for similar benefits under: another group plan, medical services subscriber contract, medical practice or other prepaid plan regardless of whether the coverage is on an insured or self-funded basis; or any governmental program and such coverage combined with the conversion coverage would result in overinsurance (as defined by Our overinsuance rules which are filed with the State).
2. Coverage was terminated for cause as described in the "Termination of Coverage" section of this Certificate.
New York Certificate OHINY EPO 4/03 39 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 To obtain conversion coverage, you or your Covered Dependents must do two things. First, you must submit a completed application for conversion to Us within 45 days after the date of termination. This 45-day period will be extended an for an extra 45 days (90 days total) if your employer does not give you timely notice of your conversion rights. Finally, you must submit the required premium payments. We will not ask for evidence of good health.
Please note that the premium under conversion will differ from that under the Group coverage. In addition, the terms of the conversion plan will be different. You or your Covered Dependents will be issued the conversion plan that is being offered by Us at the time of your application. This plan will offer benefits at the same level as are available to Our conversion subscribers in general.
Application for conversion is not initiated by Us. You or your Covered Dependents must initiate the application procedure. In accordance with its usual notification procedures, the Group is responsible for giving notice of your eligibility for conversion coverage. However, if coverage under this Certificate has ended due to the exhaustion of your or your Covered Dependents COBRA coverage, the Group must give you notice of your conversion rights. The Group must do this during the 180-day period prior to the expiration of the COBRA coverage.
V. Other Available Coverage
1. Leave of Absence or Lay-off
If your coverage would terminate because you are temporarily laid- off or receive an approved leave of absence, coverage may be continued for up to 60 days, or as otherwise agreed upon by Group and Us; if Group: (1) pays the Premium for the continued coverage; and (2) requires all participating carriers to provide continued coverage to employees whose coverage would otherwise terminate because of a temporary lay-off or approved leave of absence.
2. Family and Medical Leave Act
Federal law provides that certain employees can take up to 12 weeks of unpaid leave in a 12-month period for the birth or adoption of a child, or for a serious health condition affecting the employee or a family member. Employers subject to this law are required to keep an employee's medical coverage in force to the same extent as if no leave had been taken. Your obligations, including any Premium contributions and compliance with Plan provisions, do not change during a leave.
If your employer is subject to this law, and you are eligible for leave under the Act, We will continue your coverage during a qualified leave. Coverage will terminate for failure to comply with Plan provisions, including the failure to pay Premium. You should check with your employer regarding family or medical leaves.
Section IX. What Happens I f a Pr ovi der Bi l l s Me?
1. Filing a Claim
You are financially responsible for the cost of any Covered Services received from non-Network Providers unless those services were either Precertified by Us or were required to treat a Medical Emergency or Urgent Care situation as described in this Certificate.
In order to be reimbursed, you must complete a claim form, sign it, and send it to Us with the original, itemized bill(s). Only original bills will be considered. Itemized bills should contain:
Patient name Type of service Name and address of provider making the charge CPT-4 codes, or HCPCS codes (description of services) Date of service Individual charge for each service ICD-9 codes (diagnosis or symptoms)
Be sure to keep a copy of your claim form and bills for your own records.
Claim forms are available from the Group or from Us by calling the Customer Care telephone number listed in the front of this Certificate. Completed forms should be sent to the address listed for "Claims" at the front of this Certificate.
2. Payment options
You may request Us to make payment directly to you or to the provider. If you want Us to pay the provider directly (referred to as assignment), you must give the provider a blank claim form to be completed and forwarded with the itemized bill.
If you decide to pay a provider directly, submit the completed claim form with your bill to Us for reimbursement as described above. Although We will generally follow your instructions, We reserve the right to make the final determination.
3. Limitations
All requests for reimbursement must be made within 90 days of the date Covered Services were rendered. Failure to request reimbursement within the required time will not invalidate or reduce any claim if it was not reasonably possible to provide such proof within the 90-day period. However, such request must be made as soon as reasonably possible thereafter.
New York Certificate OHINY EPO 4/03 40 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 All reimbursements to non-Network Providers are subject to UCR unless you were referred to a non-Network Provider by Us.
4. If You Receive a Bill From a Network Provider
The cost of Covered Services provided by Network Providers in accordance with the terms of this Certificate will be billed directly to Us. No claim forms are necessary.
If you should receive a bill from a Network Provider for Covered Services, please contact the Member Service Department immediately.
5. Claim Information
Claims for Covered Services will be paid within 45 days after We receive proof of claim and all of the information we need to process the claim. If necessary, Our Claims Department will contact you for more information regarding your claim in order to speed up the processing. If you would like to inquire about the status of a claim, call the "Claims" telephone number list in the front of this Certificate. Please have the date of service and your ID number ready.
6. Physical Examination
We have the right and the opportunity to examine the Member who is the basis of any claim at all reasonable times while the claim is pending. This will be done at Our expense.
Section X. Ot her I mpor t ant Doc ument s
1. Supplemental Coverage by Rider
The terms and conditions of this Certificate are subject to revision, addition or deletion. Any such changes will be made by rider. The terms of a rider that is issued by Us and accepted by the Group will supersede conflicting terms in this Certificate. Riders that are part of your Plan will be issued with your Certificate. However, you may want to verify with the Group whether your Plan is subject to any rider.
Please check with your Benefits Administrator to make sure you have the most recent documents concerning your supplemental coverage under the Plan.
2. Summary of Benefits
In order to receive Covered Services under this Certificate, We may require that you pay a Copayment or Coinsurance to the Network Provider who supplied the Covered Services. In addition, certain other charges may be applied. You will receive a Summary of Benefits that will explain all of the applicable Copayments and Coinsurance as well as other similar features of your Plan. It will also list specific limitations on visits, days and dollar amounts for the benefits that are provided by the Plan.
Please check with your Benefits Administrator to make sure you have the most recent Summary of your coverage under the Plan.
3. Living Wills and Advance Directives
You have the right to participate in decisions relating to your health care. Working with your doctor, you can decide whether to accept or reject proposed medical treatments. That right extends to situations where, because of your medical condition, you are unable to communicate with your doctor or the hospital. This is done by the creation of an Advance Directive.
An Advance Directive is a written, signed document, that provides instructions for your care if you are unable to communicate your wishes directly. Depending on the state where you reside or are receiving treatment, the most common forms of Advance Directives are Living Wills and Durable Powers of Attorney. These documents instruct your health care providers how to proceed if you are not able to communicate with them.
Additionally, The New York State Health Care Proxy Law allows an adult to designate another adult, such as a trusted friend or loved one who knows the person and his or her wishes, to make these treatment decisions if the adult becomes incapacitated and is unable to do so.
If you decide to execute an Advance Directive or Proxy, you should notify all of your regular providers. In addition, you should have some way of notifying police and emergency medical personnel that you have made an Advance Directive. For example, you may want to keep a card in your wallet or purse.
You are not required to make an Advance Directive or a Proxy. If you do decide to make one, please note that you are free to amend or cancel it at any time.
Section XI. Member Ri ght s and Responsi bi l i t i es
What Are My Rights as a Member?
As a Member you have the following rights:
1. The right to obtain complete and current information concerning a diagnosis, treatment and prognosis from any Network Provider in terms that you or your authorized representative can readily understand. You have the right to be given the name, professional status and function of any personnel delivering Covered Services to you. New York Certificate OHINY EPO 4/03 41 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 You also have the right to receive all information from a Network Provider necessary for you to give your informed consent prior to the start of any procedure or treatment.
Finally You have the right to refuse treatment to the extent permitted by law. We and, when appropriate, your Network Provider will make every effort to arrange a professionally acceptable alternative treatment. However, if you still refuse the recommended treatment and We and your Network Provider believe no professionally acceptable alternative exists, We will not be responsible for the cost of further treatment for that condition. You will be notified accordingly.
2. The right to be provided with information about Our services and medical providers that accurately provides relevant information in a manner that is easily understood.
3. The right to quality health care services, provided in a professional and respectful manner. You also have the right to participate in decision-making regarding your health care.
4. The right to privacy and confidentiality of your health records, except as otherwise provided by law or contract. You have the right to all information contained in your medical records unless access is specifically restricted by the attending physician for medical reasons.
5. The right to initiate disenrollment from the plan.
6. The right to file a formal grievance if complaints or concerns arise about Our medical or administrative services or policies.
7. You have, when Medically Necessary, the right to emergency care without unnecessary delay.
8. You have the right to be advised if any of the Network Providers participating in your care propose to engage in or perform human experimentation or research affecting your care or treatment. You or a legally responsible party on your behalf may, at any time, refuse to participate in or to continue in any experimentation or research program to which you have previously given informed consent.
9. You have the right to sign language interpreter services in accordance with applicable laws and regulations, when such services are necessary to enable you, as a person with special communication needs, to effectively communicate with your Network Provider.
Should you have any difficulty in arranging for such services, please contact your Oxford Customer Care Representative. We can also arrange for TTY services. To receive payment for such service(s), please have your Network Provider mail Us an invoice from the translation service.
What Are My Responsibilities?
Your Responsibilities Include:
1. To enter into this Plan with the intent of following the policies and procedures as outlined in this Certificate.
2. To take an active role in your health care through maintaining good relations with your Network Providers and following prescribed treatments and guidelines.
3. To provide, to the extent possible, information that a professional staff needs in order to care for you as a Member.
4. To use the emergency room only as described in this Certificate.
5. To notify the proper Plan representative of any change in name, address or any other important information.
Section XII. Gener al Admi ni st r at i ve Pol i c i es and Pr oc edur es
1. Medical Records: Confidentiality and Authorization to Examine
Your medical records are confidential documents. Access to those records will be limited to persons who need to see them. They will be used to determine appropriate medical care for you, to administer this Plan, and in some cases, to meet state and federal regulatory requirements. Your records will not be released for any other reason without your authorization. By participating in the Plan, you agree and authorize Us, Network Physicians, other Network Providers and non-Network Providers to permit the examination and copying of any portion of your Hospital or medical records, when requested by Us for the reasons discussed above.
Additionally, Oxford has the right, without authorization of the Member or Group, to review, including but not limited to; medical records, enrollment records and other information needed to verify services if potential fraud is suspected.
If you would like a copy of Our Notice of Privacy Practices please contact Us at the address provided for Managed Care Act requests (in the Getting Started section of this Certificate.) or log on to Our website, www.oxfordhealth.com.
2. Coordination of Benefits (COB)
A Member may be covered by two or more plans at the time that Covered Services are rendered. In determining what benefits are payable under this Certificate, We will do the following:
New York Certificate OHINY EPO 4/03 42 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 First: We will provide the Covered Services required. Then, as permitted by law, We will take into account any other coverages. These other coverages are plans that provide medical, dental or prescription drug benefits or services, including but not limited to:
A. Any group insurance, prepaid health plans, or any other insured or uninsured arrangement of group coverage.
B. Where permitted by state law, any automobile insurance contract, pursuant to any federal or state law, which mandates indemnification for medical services to persons suffering bodily injury from motor vehicle accidents, but only if:
a. Covered Services are eligible for payment under the provisions of such policy; and
b. the policy does not, under its rules, determine its benefits after the benefits of any group health insurance.
Please note: This Plan does not coordinate benefits with itself.
Second: If there is other coverage, We will calculate the Allowable Expense. The Allowable Expense is any necessary, reasonable, and customary item of expense that is at least partly covered under one or more of the plans covering the Member.
When a plan provides services, instead of paying cash, the value of each service rendered will be considered to be both: an Allowable Expense and a benefit paid.
Third: We will determine the amount We will pay. We will pay the lesser of: Our regular benefits or a reduced amount. The reduced amount will only be paid when there is other coverage in effect, and the benefit under the other coverage plus the coverage under this Certificate equals 100% of the Allowable Expense.
In determining Our coverage, We will determine the order in which the various coverages will pay. Order of payment is determined using the following rules:
A. A plan with no COB provisions, or provisions that do not comply with applicable state law, will be considered to pay its benefits before a plan that contains such a provision.
B. A plan that covers a person as a Subscriber will be considered to pay its benefits before a plan that covers that person as spouse or dependent.
C. When a Member is covered under two or more plans as a dependent, We will compare the month and day of the birthday of each parent who is providing the coverage. The plan of the employee who has the earliest birth date will be considered to pay first. When both parents have the same birth date, the plan that has provided coverage the longest will be considered to pay first. If the COB rules of any plan do not use the birth date to determine coverage, the procedures described in that plan will be used.
When the parents of the dependent are divorced or separated, the following rules will apply:
1. In some cases there will be a court decree that orders one of the parents to provide coverage. If that parent's plan covers the individual as a dependent, and the plan has actual notice of the decree, that plan will be considered to pay first.
If 1. does not apply, then:
2. The custodial parent's plan which covers the child as a dependent will be considered to pay before any other dependent coverage.
3. The plan that covers the custodial parent's spouse and which covers the child as a dependent will be considered to pay before any other dependent coverage.
4. If 1.- 3. above do not apply, the plan that covers the child as a dependent of the parent without custody will be considered to pay benefits first.
D. A plan that covers a person as an active employee (or that employee's dependent) pays before a plan that covers a person as laid-off or retired employee (or that employee's dependent). If the other plan does not have the provision discussed in the previous sentence, it will not apply.
E. If A, B, C, and D above fail to establish the order of payment, the plan that has covered the person the longest will be treated as paying benefits first.
We have the right to release or obtain any information and make or recover any payments that We consider necessary to administer this provision. We may obtain information necessary to administer this provision without your consent or notice to you. You agree to provide Us with any information or cooperation We need to administer this provision.
If payments that We are required to make under this Certificate are made by another plan, We may be required by this provision to reimburse that plan. Amounts paid in this manner are deemed to be benefits paid under this Certificate and, to the extent of those payments, We are fully discharged from liability under this Certificate.
If we make payments in excess of Our obligations under this provision, We have the right to recover any excess from one or more of the following: any person, any other insurance company or any other organization.
Please note, that failure to cooperate with Us regarding this provision could subject you to all charges for Covered Services subject to this provision. Failure to cooperate is grounds for termination of coverage.
New York Certificate OHINY EPO 4/03 43 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 3. Effect of Coordination
When this Plan is secondary, the benefits of this Plan will be reduced so that the total benefits paid by the primary plans(s) and this Plan will not exceed our maximum available benefit for each Covered Service under the Certificate. Also, the amount paid or provided will not be more than the amount we would pay or provide if we were primary.
We will coordinate benefits with plans, whether insured or self- insured, which provide benefits which are stated to be always in excess or always secondary or use order of benefit determination rules which are inconsistent with those described above (non- complying plans) in the following manner:
a. If this Plan is primary, We will pay or provide benefits first.
b. If this Plan is secondary, We will pay only the amount we would pay or provide as the secondary insurer.
c. If We request information from a non-complying plan and do not receive it within 30 days of our request, We will calculate the amount We should pay or provide on the assumption that the non- complying plan and contract provide identical benefits. When the information requested is received, We will make any necessary adjustments.
4. Reimbursement and Subrogation
Reimbursement
This section applies when a Member recovers damages, by settlement, verdict or otherwise (in which sums for medical expenses have been specifically identified), for an injury, sickness or other condition. If the Member has made, or in the future may make, such a recovery, including a recovery from any insurance carrier and We have paid for or provided benefits, the Member, or the Members legal representatives, estate or heirs must promptly reimburse Us for the reasonable value of the medical benefits paid for or provided by Us to the Member.
In order to secure Our rights under this section, the Member must assigns to Us any benefits the Member may have under any automobile policy or coverage, to the extent of Our claim for reimbursement. The Member must sign and deliver, at Our request or Our agents, any documents needed to effect such assignment of benefits.
The Member must cooperate with Us and Our agents and must: sign and deliver such documents as We or Our agents reasonably request to protect Our right of reimbursement; provide any relevant information; and take such actions as We or Our agents reasonably request to assist Us in making a full recovery of the reasonable value of the benefits provided. The Member shall not take any action that prejudices Our right of reimbursement.
We shall be responsible only for those legal fees and expenses to which We agree to in writing.
If the Member fails to cooperate with Us, the Member will be responsible to repay Us the amount of the benefits We have paid.
Subrogation
This section applies when another party is, or may be considered, liable for a Members injury, sickness or other condition (including insurance carriers who are so liable) and We have provided or paid for benefits.
In the event that you suffer an injury or illness for which another party may be responsible, such as someone injuring you in an accident, and We pay benefits as a result of that injury or illness, We will be subrogated and succeed to the right of recovery against the party responsible for your illness or injury to the extent of the benefits We have paid. This means that We have the right independently of you to proceed against the party responsible for your injury or illness to recover the benefits We have paid
The costs of Our legal representation in matters related to subrogation shall be borne solely by Us. The costs of legal representation of the Member shall be borne solely by the Member.
5. Workers Compensation
Injuries and diseases covered under any Worker's Compensation program are excluded from coverage under this Plan.
6. Medicare and Other Government Programs
This Plan is not intended to duplicate any coverage for which Members are, or could be eligible for, such as Medicare or any other federal or state government programs. Any benefits payable under any such programs for Covered Services provided or benefits paid under this Certificate shall be payable to and retained by Us. You agree to complete and submit to Us any documentation reasonably necessary for Us to receive or assure reimbursement under Medicare or any other government programs for which you or your Covered Dependents are eligible.
Benefits for Medicare Eligibles Who are Covered Under this Certificate
1. If your Group has 20 or more employees, any active employee or spouse of an employee who becomes or remains a member of the Group Covered by this Certificate, after becoming eligible for Medicare due to reaching age 65, will receive the benefits of this Certificate as primary unless such Subscriber elects Medicare as his or her primary coverage. However, the Subscriber must notify Us of the election by signing and submitting to Us and election card which indicates his or her choice. He or she must also pay any required premium. Any Subscriber who elects Medicare as primary shall not be eligible for coverage under this Certificate as of the date of election.
New York Certificate OHINY EPO 4/03 44 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 2. If your Group has 100 or more employees or your group is an organization which includes an employer with 100 or more employees, any active employee, spouse of an active employee or Dependent child of an active employee who becomes or remains a member of the Group Covered under this Certificate, after becoming eligible for Medicare due to disability, will receive the benefits of this Certificate as primary unless the Subscriber elects Medicare as his or her primary coverage. However, the Subscriber must notify Us of his or her election by signing an election card which indicates his or her choice. He or she must also pay any required premium. Any Subscriber who elects Medicare as primary will not be eligible for coverage under this Certificate as of the date of this election.
3. Any Subscribers who are not subject to subsections 1. and 2. of this Section and who are Medicare eligible will receive the benefits of this Certificate reduced by any benefits available under Medicare Part A and B. This applies even if the Subscriber fails to enroll in Medicare or does not claim the benefits available under Medicare.
Section XIII. Gener al Pr ovi si ons
1. Entire Agreement. This Certificate, Summary of Benefits, any Certificate riders issued by the Us and accepted by the Group, the Group Enrollment Agreement, and the individual applications of you and your Covered Dependents, if any, constitute the entire contract between the parties, and as of the effective date, supersede all other agreements between the parties. Any and all statements made to Us by the Group and any Subscriber or Covered Dependent will, in the absence of fraud, be deemed representations and not warranties, and no such statement, unless it is contained in a written application for coverage under this Certificate, shall be used in defense to a claim under this Certificate.
2. Form or Content of Certificate. No agent or employee of Us is authorized to change the form or content of this Certificate. Such changes can be made only through an endorsement authorized and signed by one of Our officers.
3. Identification Cards. The cards We issue to Members pursuant to this Certificate are for identification only. Possession of an identification card confers no right to Covered Services or other benefits under this Certificate. To be entitled to such services or benefits the holder of the card must, in fact, be a Member on whose behalf all applicable Premiums under this Certificate have actually been paid. Any person receiving services or other benefits to which he is not then entitled pursuant to the provision of this Certificate will be liable for the actual cost of such services or benefits.
4. Notice. Any notice required under this Certificate may be given to Us by U.S. Mail, first class, postage prepaid to the Customer Care address listed in the front of the Certificate. Notice to a Member will be sent to the last address We have for that Member. Member agrees to provide Us with notice, within 31 days, of any change of address.
5. Interpretation of Certificate. The laws of the State of New York shall be applied to interpretations of this Certificate.
6. Assignment. This Certificate is not assignable by Group without Our written consent. Any benefits under this Certificate are not assignable by any Member without Our written consent. In addition, This Agreement shall not confer any rights or obligations on third parties except as specifically provided herein.
7. Gender. The use of any gender in this Certificate is deemed to include the other gender and, whenever appropriate, the use of the singular is deemed to include the plural (and vice versa).
8. Modifications. By this Certificate, the Group makes Our coverage available to Members who are eligible under the terms of the Certificate. However, this Certificate is subject to amendment, modification, and termination in accordance with this provision, the Group Enrollment Agreement or by mutual agreement between Us and Group's Board of Directors without the consent or concurrence of any Member. By enrolling in this Plan, all Members legally capable of contracting, and the legal representatives of all Members incapable of contracting, agree to all its terms, conditions, and provisions.
9. Clerical Error. Clerical error, whether by the Group or Us, with respect to this Certificate, or any other documentation issued by Us in connection with this Certificate, or in keeping any record pertaining to the coverage hereunder, will not modify or invalidate coverage otherwise validly in force or continue coverage otherwise validly terminated.
10. Policies and Procedures. We may adopt reasonable policies, procedures, rules and interpretations to promote the orderly and efficient administration of this Certificate with which Members shall comply.
11. Waiver. The waiver by any party of any breach of any provision of the Agreement will not be construed as a waiver of any subsequent breach of the same or any other provision. The failure to exercise any right hereunder will not operate as a waiver of such right.
12. Termination of the Agreement. The Agreement will continue in effect for the period of time specified in the Agreement, and may be canceled in accordance with the terms of the Agreement.
New York Certificate OHINY EPO 4/03 45 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 13. Incontestability. Except as to a fraudulent misstatement: No statement made by the Group or any Member will be the basis for voiding coverage or denying coverage or be used in defense of a claim unless it is in writing. No statement made by the Group will be the basis for voiding the Agreement after it has been in force for two years from its effective date.
14. Significant Change in Circumstances. If We are unable to arrange for Covered Services as provided under this Certificate as the result of events outside of Our control, We will make a good faith effort to make alternative arrangements. These events would include a major disaster, epidemic, the complete or partial destruction of facilities, riot, civil insurrection, disability of a significant part of Network Providers' personnel or similar causes. We will make reasonable attempts to arrange for Covered Services. We and Our Network Providers will not be liable for delay, or failure to provide or arrange for Covered Services if such failure or delay is caused by such an event.
15. Independent Contractors. Network Providers are independent contractors. They are not Our agents or employees. We and Our employees are not the agent or employee of any Network Provider. We are not liable for any claim or demand on account of damages arising out of, or in any manner connected with, any injuries alleged to be suffered by any Member while receiving care from any Network Provider or in any Network Provider's facility.
16. Legal Action. No action at law or in equity may be maintained against Us for any expense or bill unless brought within the statute of limitations for such cause of action.
17. Hold Harmless. Network Providers have contractually agreed that Members will not be held financially liable for any sums owed to Network Providers for Covered Services (with the exception of required Copayments, Coinsurance and Deductibles) in the event that We fail to pay for Covered Services.
18. Application of Deductibles, Limitations and Maximums. Calculations of annual deductibles, benefit limitations, out-of-pocket maximums and lifetime maximums under this plan, will take into consideration as applicable payments made by you and benefits provided by Us and/or Our affiliate, Oxford Health Plans (NY), Inc. (collectively Oxford), pursuant to any Group Enrollment Agreement between Group and Oxford.
Section XIV. Def i ni t i ons
Defined terms will appear capitalized throughout the Agreement.
Acute: The sudden onset of disease or injury, or a sudden change in the Member's condition that would require prompt medical attention.
Agreement: The Group Enrollment Agreement between Oxford Health Insurance, Inc. and the Group including any attachments and this Certificate.
Ambulatory Surgical Centers: A facility currently licensed by the appropriate state regulatory agency for the provision of surgical and related medical services on an outpatient basis.
Certificate: this Certificate of Coverage issued by Oxford Health Insurance, Inc., including the Summary of Benefits and any attached riders.
Coinsurance: The percentage of charges for Covered Services that you are required to pay to a Provider.
Contract Year: that 12-month period commencing on the effective date of the Agreement or any anniversary date thereafter, during which the Agreement is in effect.
Copayment: The amount you are required to pay directly to a Network Provider at the time Covered Services are rendered.
Cover, Covered or Covered Services: The Medically Necessary services paid for or arranged for you by Us under the terms and conditions of this Certificate.
Covered Dependents: Dependents, as defined in this Certificate, who are Members.
Deductible: The amount specified in your Summary of Benefits that you are responsible for before benefits are payable under this Certificate.
Dependents: Your spouse, unmarried and newborn children as described in the "Eligibility" section of this Certificate.
Enrollment Date: The Enrollment Date is the Member's first day of coverage under the Certificate or, if earlier, the first day of the waiting period that must pass with respect to the Member before the Member is eligible to be Covered under the Plan.
Enrollment Form: Our form which Members must complete to enroll in the Plan.
External Review Agent: An entity that has been certified by the Commissioner of the State of New York Department of Health to perform external reviews in accordance with New York law.
Group: The employer or party that has entered into an Agreement with Us.
Group Open Enrollment Period: A period of time, established by Group and Us, during which eligible persons may be enrolled. Your employer or plan sponsor will have the dates for each period.
New York Certificate OHINY EPO 4/03 46 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 Homebound: A Member will be considered to be Homebound if he or she has a condition due to an illness or injury which restricts his or her ability to leave their place of residence except with the aid of supportive devices such as crutches, canes, wheelchairs and walkers; the use of special transportation; or the assistance of another person. Additionally, a Member will be considered Homebound if the Member has a medical condition where leaving the home is medically contraindicated.
Home Health Care Agency: An organization currently certified or licensed by the State of New York which has entered into an contract with Us to render home health services.
Hospital: An institution rendering inpatient and outpatient services for the medical care of the sick or injured. It must be accredited as a Hospital by either the Joint Commission on Accreditation of Health Care Facilities or the Bureau of Hospitals of the American Osteopathic Association. A Hospital may be a general, acute care, or a specialty institution, provided that it is appropriately accredited as such, and currently licensed by the proper state authorities.
Medical Emergency: A medical or behavioral condition the onset of which is sudden, that manifests itself by symptoms of sufficient severity, including severe pain, that a prudent layperson, possessing an average knowledge of medicine and health, could reasonably expect the absence of immediate medical attention to result in (a) placing the health of the afflicted Member with such a condition in serious jeopardy, or in the case of a behavioral condition placing the health of such Member or others in serious jeopardy; (b) serious impairment to the Members bodily functions; (c) serious dysfunction of any bodily organ or part of such Member; or (d) serious disfigurement of such Member. Medical Emergencies include, but are not limited to, the following conditions:
Severe chest pains Severe or multiple injuries Severe shortness Loss of consciousness of breath Sudden change in mental status Severe bleeding (e.g., disorientation) Acute pain or conditions Poisonings or convulsions requiring immediate attentionsuch as suspected heart attack or appendicitis
Medically Necessary: Services or supplies as provided by a Hospital, Skilled Nursing Facility, Physician or other provider required to identify or treat your illness or injury and which, as determined by Our Medical Director, are:
1. Consistent with the symptoms or diagnosis and treatment of your condition;
2. Appropriate with regard to standards of good medical practice;
3. Not solely for your convenience or that of any provider; and
4. The most appropriate supply or level of service which can safely be provided. For inpatient services, it further means that your condition cannot safely be diagnosed or treated on an outpatient basis.
Unless otherwise indicated in this Certificate, determinations as to Medical Necessity are made by Us, and such determinations are solely within Our discretion.
Medicare: Title XVIII of the Social Security Act, as amended.
Member: Subscribers and Covered Dependents for whom required Premiums have been paid. Whenever a Member is required to provide a notice pursuant to a grievance or emergency room visit or admission, Member also means the Members designee.
Network Physician: A Physician who, at the time of providing or referring Covered Services, is contracted with Us to provide Covered Services to Members.
Network Provider: A Physician, Certified Nurse Midwife, Hospital, Skilled Nursing Facility, Home Health Care Agency, or any other duly licensed or certified institution or health professional under contract with Us to provide Covered Services to Members. A list of Network Providers and their locations is available to you upon enrollment or upon request. The list will be revised from time to time by Us.
Network Specialist: A Network Provider who has limited his or her practice to certain areas of medicine, and who is contracted with Us to provide Covered Services to Members. A list of Network Specialists and their locations is available to you upon enrollment or upon request.
Non-Occupational Disease or Non-Occupational Injury: A disease or injury that does not:
1. Arise out of (or in the course of) any work for pay or profit; or
2. Result in any way from an injury that does.
Physician: A currently licensed doctor of medicine or osteopathy.
Plan: Coverage under the Group's health benefits program as provided under this Certificate by Oxford Health Insurance, Inc.
Precertification: An authorization given by Us that you must receive before you can obtain certain Covered Services. We indicate which Covered Services require Precertification in the "Covered Services" section of this Certificate.
Preexisting Condition: A Preexisting Condition is a physical or mental condition (regardless of the cause of the condition); for which treatment, diagnosis or medical advice was actually recommended or received within the prior six months ending on the Enrollment Date.
Individuals who are enrolled under the Plan or Prior Continuous Creditable Coverage within 30 days of birth are not subject to the Preexisting Condition Limitation exclusion. New York Certificate OHINY EPO 4/03 47 6632 NY Small Metro Liberty Oxford Exclusive Plan 9.12 Children under the age of 18 who are adopted or who are placed for adoption and who are enrolled under the Plan or Prior Continuous Creditable Coverage within 30 days of placement or adoption are not subject to the Preexisting Condition Limitation exclusion.
In the absence of a diagnosis of a condition related to such information, genetic information will not be treated as a Preexisting Condition. Pregnancy is not a Preexisting Condition.
Premium: The total payment, including any contributions by Subscribers, from Group to Us for coverage.
Prior Continuous Creditable Coverage:
1. Employer group health plans (including self-funded plans); health insurance coverage (including individual policies);
2. Part A or B of Medicare; Medicaid (other than coverage consisting solely of benefits under section 1928); the Federal Employees Health Benefits Plan;
3. Military or veterans benefits; and
4. Indian Health Service or tribal organization programs; a health plan offered under chapter 89 of title 5; United States Code; a public health plan as defined in the Health Insurance Portability and Accountability Act regulations; a health benefit plan under section 5 (e) of the Peace Corps Act; and state high risk pools are all creditable coverage.
Creditable coverage is continuous only if the gap between the Enrollment Date under the new coverage and the prior coverage is not more than 63 days.
Therefore:
if the prior coverage is not creditable; or
if such a gap occurs between the Prior Continuous Creditable Coverage and new coverage the Member does not receive credit for their prior coverage.
Rehabilitation Facility: A currently licensed and accredited facility which primarily provides physical therapy treatment. Such facilities must be contracted with Us in order for Members to receive In Network Covered Services.
Service Area: The geographical area, designated by Us and approved by the State of New York.
Skilled Nursing Facility: An institution or a distinct part of an institution that is: currently licensed or approved under state or local law; primarily engaged in providing skilled nursing care and related services as a Skilled Nursing Facility, extended care facility, or nursing care facility approved by the Joint Commission on Accreditation of Health Care Organizations or the Bureau of Hospitals of the American Osteopathic Association, or as a Skilled Nursing Facility under Medicare law; or as otherwise determined by Us to meet the standards of any of these authorities. Specialized Rehabilitation Facility: A Hospital or other facility that is certified by either the New York division of Alcoholism and Alcohol Abuse or the division of Substance Abuse Services for the treatment of alcohol or drug dependent individuals, respectively. It provides nursing, medical counseling and therapeutic services to such individuals according to individualized treatment plans. Such facilities must be contracted with Us in order for Members to receive Covered Services. Transitional living facilities are excluded from this definition.
Subscriber: An employee or member of the Group 1) who meets all applicable eligibility requirements of this Certificate, 2) whose Enrollment Form has been accepted by Us, and 3) on whose behalf the Group has paid any applicable Premium. This term is synonymous with certificate holders, insureds and participants.
Totally Disabled: A Subscriber who is prevented because of injury or disease from performing their regular or customary occupational duties and is not engaged in any work or other gainful activity for pay or profit. A Covered Dependent, who is prevented because of injury or disease from engaging in substantially all of the normal activities of a person of like age and sex who is in good health.
Urgent Care: Urgent Care is medical care for a condition that needs immediate attention to minimize severity and prevent complications, but is not a Medical Emergency. Urgent Care may be rendered in a Physician's office or Urgent Care Center.
Urgent Care Center: A licensed facility (except Hospitals) which provides Urgent Care.
Us, We, Our: Oxford Health Insurance, Inc. and anyone to whom we legally delegate to perform, on Our behalf, under the Agreement.
Usual, Customary and Reasonable (UCR) Charge: The UCR schedule is a compilation of the maximum allowable fees for covered medical services, supplies and drugs. The maximum allowable fee on the UCR schedule will be the lesser of (1) the amount charged, (2) the amount the provider agrees to accept as reimbursement for the particular covered services, supplies and/or drugs, or (3) the amount that in Our discretion is the usual, customary and reasonable fee for particular covered services, supplies and/or drugs. When We determine the usual, customary and reasonable fee, Oxford will consider data compiled by and guidelines from Ingenix, Medicare and other sources recognized by the health insurance industry and federal government payers of health care claims as a basis for evaluating and establishing fees for covered services, supplies and drugs. Normally, the data utilized to compile the UCR fee schedule will be based upon the geographic location where the services are provided or a comparable locale. There will be instances where national data will be utilized when the data source does not compile data geographically. The data We choose to consider when establishing a UCR fee schedule will be based upon the level of reimbursement purchased by an employer for the benefit of the employers group plan. We will implement policies and procedures to further describe the methodology We apply to establish the UCR Fee Schedule. OXFORD HEALTH INSURANCE, Inc.
OHINY R LS BU 905 1 OHINY Benefit Group Update Rider 5.06 Benefit Update 2006 Rider
I. WHAT HAPPENS IF I LOSE COVERAGE?
Section 1, Termination or Loss of Eligibility: Coverage Options, Subsection I, COBRA, Item A has been replaced with the following:
A. Continuation of Coverage for You and Your Covered Dependents.
If you and your Covered Dependents become ineligible under the Certificate due to (a) termination of your employment for any reason, or (b) a reduction in your hours of employment, coverage may be continued under this Certificate for you and/or your Covered Dependents, subject to the following:
1. You and/or your Covered Dependents must elect to continue such coverage and coverage by the Plan within the 60-day period described in the Notice of Federal Continuation Rights given by the Group to you and/or your Covered Dependents; 2. You and/or your Covered Dependents make the required contributions; 3. You and/or your Covered Dependents comply with all other terms and conditions under this Certificate.
II. GENERAL ADMINISTRATIVE POLICIES AND PROCEDURES
Subsection 6, Medicare and Other Government Programs, has been replaced with the following:
6. Medicare and Other Government Programs
This Plan is not intended to duplicate any coverage for which Members are, or could be eligible for, such as Medicare. We will coordinate benefits with Medicare in accordance with applicable law. You agree to complete and submit to Us any documentation reasonably necessary for Us to receive or assure reimbursement under Medicare.
Benefits for Medicare Eligibles Who are Covered Under this Certificate
1. If your Group has 20 or more employees, any active employee or spouse of an employee who becomes or remains a member of the Group Covered by this Certificate, after becoming eligible for Medicare due to reaching age 65, will receive the benefits of this Certificate as primary unless such Subscriber elects Medicare as his or her primary coverage. However, the Subscriber must notify Us of the election by signing and submitting to Us an election card which indicates his or her choice. He or she must also pay any required premium. Any Subscriber who elects Medicare as primary shall not be
eligible for coverage under this Certificate as of the date of election.
2. If your Group has 100 or more employees or your group is an organization which includes an employer with 100 or more employees, any active employee, spouse of an active employee or Dependent child of an active employee who becomes or remains a member of the Group Covered under this Certificate, after becoming eligible for Medicare due to disability, will receive the benefits of this Certificate as primary unless the Subscriber elects Medicare as his or her primary coverage. However, the Subscriber must notify Us of his or her election by signing an election card which indicates his or her choice. He or she must also pay any required premium.
3. Any Subscribers who are not subject to subsections 1 and 2 of this Section and who are Medicare eligible will receive the benefits of this Certificate reduced by any benefits available under Medicare Parts A and B. This applies even if the Subscriber fails to enroll in Medicare or does not claim the benefits available under Medicare.
Medicare Part D
If Medicare Part D has been purchased, we will coordinate benefits with Part D regardless of whether you are subject to subsection 1, 2 or 3.
II. DEFINITIONS
The definition of Enrollment Date in Section XV, Definitions is deleted and replaced with the following:
Enrollment Date: The Enrollment Date is the first day on which you are able to receive benefits under a group health plan, or if the plan imposes a waiting period, the first day of your waiting period.
The definition of Prior Continuous Creditable Coverage in Section XV, Definitions has been replaced with the following:
Prior Continuous Creditable Coverage:
1. Employer group health plans (including self-funded plans); health coverage (including individual policies);
2. Insured and non-insured public health plans including plans established or maintained by a state or the federal government (including S-Chip plans, state high risk pools, Medicare Part A and Part B and Medicaid); and health plans established and maintained by a foreign country or political subdivision;
OXFORD HEALTH INSURANCE, Inc.
OHINY R LS BU 905 2 OHINY Benefit Group Update Rider 5.06
3. Military or veterans benefits;
are all creditable coverage.
Creditable coverage is continuous only if the gap between the new coverage and the prior coverage is less than 63 days. Therefore, if there is a gap of 63 or more days between the prior creditable coverage and new coverage, the prior creditable coverage is not continuous. The Member does not receive credit for their prior creditable coverage.
III. MISCELLANEOUS PROVISIONS
This Rider forms a part of the Agreement between Oxford Health Insurance, Inc. ("Us") and the Group. Unless otherwise agreed to in writing between Us and the Group, this Rider becomes effective on the date the Agreement becomes effective.
This Rider supersedes any amendment or rider providing coverage described above previously issued by Us. In the event of a conflict between the provisions of this Rider and the Certificate, the provisions of this Rider will prevail. All other terms and conditions of the Certificate remain in full force and effect.
OXFORD HEALTH PLANS OHI NY UCR-150 10/03 1 OHI NY UCR Standard 1/04 OXFORD HEALTH INSURANCE, INC. UCR Rider UCR Rider UCR Rider UCR Rider The following Rider has been purchased by your employer group to supplement the coverage outlined in your Certificate of Coverage. I. Definitions The definition of Usual, Customary and Reasonable (UCR) Charge in your Certificate is revised as follows: Usual, Customary and Reasonable (UCR) Charge: The UCR schedule is a compilation of the maximum allowable fees for covered medical services, supplies and drugs. The maximum allowable fee on the UCR schedule will be the lesser of (1) the amount charged, (2) the amount the provider agrees to accept as reimbursement for the particular covered services, supplies and/or drugs, or (3) the amount that in Our discretion is the usual, customary and reasonable fee for particular covered services, supplies and/or drugs. When We determine the usual, customary and reasonable fee, Oxford will consider data compiled by, and guidelines from, Ingenix, Medicare and other sources recognized by the health insurance industry and federal government payers of health care claims as a basis for evaluating and establishing fees for covered services, supplies and drugs. Normally, the data utilized to compile the UCR fee schedule will be based upon the geographic location where the services are provided or a comparable locale. There will be instances where national data will be utilized when the data source does not compile data geographically. The data We choose to consider when establishing a UCR fee schedule will be based upon the level of reimbursement purchased by an employer for the benefit of the employers group plan. II. Miscellaneous Provisions This Rider forms a part of the Agreement between Oxford Health Insurance, Inc. (Us) and the Group. Unless otherwise agreed to in writing between the Group, and Us this Rider becomes effective on the date the Agreement becomes effective. This Rider supersedes any amendment or rider concerning the above-mentioned provisions previously issued by Us. In the event of a conflict between the provisions of this Rider and the Certificate, the provisions of this Rider will prevail. All other terms and conditions of the Certificate remain in full force and effect. OXFORD HEALTH PLANS OHINY R LS REIM PTE 905 1 NY OHI PTE EPO Rider 10/05 Oxford Health Insurance, Inc. Reimbursement Reimbursement Reimbursement Reimbursement Rider Rider Rider Rider I. Certificate Revision Your Certificate of Coverage has been revised. Subsection 2, Payment Options, of Section IX, What Happens if a Provider Bills Me? has been deleted and replaced with the following: II. Reimbursement When you receive Covered Services from a Non-Network Provider, We will reimburse you directly, and you will then be responsible for reimbursing the Non-Network Provider. You may not assign your right to reimbursement under this Certificate to a Non-Network Provider without Our consent. However, in Our discretion, We may pay a Non-Network Provider directly. Our decision to not accept assignment is final. When Non-Network Providers are accessed during an In- Network procedure: During an In-Network, inpatient admission or other facility-based or office procedure, you may receive Covered Services from a Non-Network Provider (e.g., anesthesiologist, second surgical assistant). We understand that this is not under your control and can happen without your knowledge. In such instances, We will pay the lesser of the Non-Network Providers billed charges or a charge We Negotiate with the provider. There will be no additional costs to you. However, because such providers are not contracted with Us, We will not directly reimburse them. As with all Non-Network Providers, We will send a check for the billed amount to you (the Subscriber). We will also send you the provider's name and address so that you may reimburse the provider for their services. III. Miscellaneous Provisions This Rider forms a part of the Agreement between Oxford Health Insurance, Inc. ("Us") and the Group. This Rider supersedes any amendment or rider concerning the above-mentioned provisions previously issued by Us. In the event of a conflict between the provisions of this Rider and the Certificate, the provisions of this Rider will prevail. All other terms and conditions of the Certificate remain in full force and effect. OXFORD HEALTH PLANS
OHINY R LS BU ELIG 1206 NY OHI Eligibility Update Rider 1.07 Oxford Health Insurance, Inc.
Eligibility Update Rider
Section III. Who Can Join?
Section III, Who Can Join, Subsection 1, Eligibility, Part B, Dependents, Items 1 and 2 have been replaced with the following:
1. The Subscriber's lawful spouse who resides with the Subscriber or has reasonable access to the Service Area; or
2. Any unmarried child who is either a step-child, legally adopted child or proposed adoptive child who is dependent upon the Subscriber during any waiting period prior to the finalization of adoption, or a natural child of either the Subscriber or the Subscriber's spouse. In addition, a child for whom Subscriber or Subscriber's spouse is a court appointed legal guardian is eligible for coverage as a Covered Dependent provided proof of such guardianship is submitted with the Dependent's Enrollment Form. The child must also be dependent upon the Subscriber for support as defined by the United States Internal Revenue Code and federal regulations.
Please Note: If a "child" as described above does not live with the Subscriber or have access to the Service Area, coverage is available as follows: If the Plan does not provide Out-of-Network coverage, coverage will be limited to Medical Emergencies. If The Plan does provide Out-of-Network coverage, all Covered Services will be reimbursed on an Out-of-Network basis except for Medical Emergencies (which will be paid on an In-Network basis). In both instances, In-Network coverage is available only in the Service Area.
Section III, Who Can Join, Subsection 2, Applying for Coverage, Items C and D have been replaced with the following:
C. Newly Eligible Dependents. Any person who becomes a Dependent may be enrolled by submitting an Enrollment Form within 31 days of becoming a Dependent. Dependents who are being enrolled pursuant to a court order must enroll within 60 days of the date of the court order. No evidence of good health will be required. This provision also applies to adopted and prospective adopted children (except for newborns as discussed below). In order for such child to be enrolled, the Subscriber must be legally obligated for such child's financial support .
D. Newborns and Newly Born Adopted Children. A newborn child of the Subscriber or Subscriber's spouse will be Covered for the first 31 days after the birth of the child if the Subscriber
completes and submits an Addition Form specifically adding the newborn child as well as submits any applicable Premium to the Group within 31 days following the birth. This provision also applies to newly born adopted children if the Subscriber files a petition pursuant to section 115-c of the domestic relations law within 30 days of birth, and provided no notice of revocation has been filed and consent for the adoption has not been revoked.
IMPORTANT: Even if the Subscriber is already paying the maximum Premium (Family Rate), an Addition Form is still necessary. We must have knowledge of the childs presence on the Plan in order to produce an accurate HIPAA Certificate of Prior Coverage. You will need (and are entitled to) such certificate if your coverage ends under this Plan.
II. MISCELLANEOUS PROVISIONS
This Rider forms a part of the Agreement between Oxford Health Plans Insurance, Inc. ("Us") and the Group. Unless otherwise agreed to in writing between Us and the Group, this Rider becomes effective on the date the Agreement becomes effective.
This Rider supersedes any amendment or rider providing coverage described above previously issued by Us. In the event of a conflict between the provisions of this Rider and the Certificate, the provisions of this Rider will prevail. All other terms and conditions of the Certificate remain in full force and effect.
OXFORD HEALTH PLANS _________________________________________________________________________________________ OHINY R BU FMLA LS 708 NY OHI FMLA Rider 8.08
Oxford Health Insurance, Inc.
Benef i t Updat e Ri der
Your Certificate of Coverage is modified as follows:
Section VII. What Happens If I Lose Coverage?, Subsection 5. Other Available Coverage, Item B. Family and Medical Leave Act is deleted and replaced with the following:
Federal law provides that certain employees can take up to 12 weeks of unpaid leave in a 12-month period for: the birth or adoption of a child, a serious health condition affecting the employee or a family member, for any qualifying exigency arising out of the fact that the employees spouse, child or parent is on or has been called to active duty in the Armed Forces, or up to 26 weeks of unpaid leave in a 12-month period to care for an injured servicemember.
Employers subject to this law are required to keep an employee's medical coverage in force to the same extent as if no leave had been taken. Your obligations, including any Premium contributions and compliance with Plan provisions, do not change during a leave.
If your employer is subject to this law, and you are eligible for leave under the Act, We will continue your coverage during a qualified leave. Coverage will terminate for failure to comply with Plan provisions, including the failure to pay Premium. You should check with your employer regarding family or medical leaves.
III. MISCELLANEOUS PROVISIONS
This Rider forms a part of the Agreement between Oxford Health Insurance, Inc. ("Us") and the Group. Unless otherwise agreed to in writing between Us and the Group, this Rider becomes effective on the date the Agreement becomes effective.
This Rider supersedes any amendment or rider providing coverage described above previously issued by Us. In the event of a conflict between the provisions of this Rider and the Certificate, the provisions of this Rider will prevail. All other terms and conditions of the Certificate remain in full force and effect.
OXFORD HEALTH PLANS ______
OHINY R BU Spouse LS 109 NY OHI Spouse Def BUR 3.09 Oxford Health Insurance, Inc. Benef i t Updat e Ri der
Your Certificate of Coverage is modified as follows:
Section XIII. Definitions has been updated to include the following definition of Spouse:
Spouse: A person's partner (husband or wife) in a legal marriage. For purposes of Dependent eligibility under this Certificate, spouse includes same sex partners who are married in jurisdictions that recognize same sex marriages.
III. MISCELLANEOUS PROVISIONS
This Rider forms a part of the Agreement between Oxford Health Insurance, Inc. ("Us") and the Group. Unless otherwise agreed to in writing between Us and the Group, this Rider becomes effective on the date the Agreement becomes effective.
This Rider supersedes any amendment or rider providing coverage described above previously issued by Us. In the event of a conflict between the provisions of this Rider and the Certificate, the provisions of this Rider will prevail. All other terms and conditions of the Certificate remain in full force and effect.
OXFORD HEALTH PLANS
OHINY R BU 2009 S 709 NY Small OHI 2009 BUR 11.09 [1] 2009 Amendment Ox f or d Heal t h I nsur anc e, I nc . As described in this Amendment, the Certificate of Coverage is modified as stated below. A. The following Student Medical Leave description has been added to Section IV, Who Can Join, Subsection 1, Eligibility, Paragraph B, Dependents, Item 2: Extended Coverage for Full-time Students Coverage for a Covered Dependent child who is a Full-time Student and who needs a Medically Necessary leave of absence will be extended until the earlier of the following: One year after the Medically Necessary leave of absence begins. The date coverage would otherwise terminate under the Certificate. Coverage will be extended only when the Dependent is covered under the Policy because of Full-time Student status immediately before the Medically Necessary leave of absence begins and when the Dependent's change in Full- time Student status meets all of the following requirements: The Dependent is suffering from a Sickness or Injury. The leave of absence is Medically Necessary, as determined by the Dependent's treating Physician. The Medically Necessary leave of absence causes the Dependent to lose Full-time Student status for purposes of coverage under the Certificate. A written certification by the treating Physician is required. The certification must state that the Dependent child is suffering from a Sickness or Injury and that the leave of absence is Medically Necessary. For purposes of this extended coverage provision, the term "leave of absence" includes any change in enrollment that causes the loss of Full-time Student status. B. The following Special Enrollment description replaces the Special Enrollment description in Section IV, Who Can Join, Subsection 2, Applying for Coverage: F. Special Enrollment Periods Individuals who do not meet any of the below special enrollment period requirements may only be enrolled at the next Group Open Enrollment Period.
In addition, no person is eligible to re-enroll if he or she has had coverage from Us terminated for cause as described in the termination provisions of this Certificate. 1. Change in Family Circumstances. Subscribers who previously declined coverage under any of the Group's plans may join "off-cycle" when they gain a dependent either through marriage, birth or adoption. The Subscriber and the new dependent(s) must enroll within 30 days of the event (the marriage, birth or adoption). Existing eligible dependents that had previously declined coverage may also enroll at this time. 2. Loss of Other Coverage. If all of the following conditions are met, an individual may be enrolled before the next open enrollment: the employee or dependent was covered under another group health plan or other health insurance at the time that coverage under this Certificate was initially available; and the employee stated in writing that being covered under other coverage was the reason for rejecting coverage under this Certificate; and the previous coverage has ended because of any of the following: it was COBRA coverage that has been exhausted; the individual lost coverage due to a loss of eligibility (legal separation, divorce, death, termination of employment or reduction in work hours); the individual lost coverage due to a loss of eligibility under Medicaid or Children's Health Insurance Program (CHIP); the employer contribution toward such coverage was terminated. If all of these conditions are met and he or she otherwise meet the eligibility requirements of this Certificate, the employee or dependent may request enrollment. The individual must enroll within 30 days of the termination of the previous coverage or employer contribution. When loss of OXFORD HEALTH PLANS
OHINY R BU 2009 S 709 NY Small OHI 2009 BUR 11.09 [2] coverage is due to a loss of eligibility under Medicaid or CHIP, coverage will begin only if we receive the completed enrollment form and any required premium within 60 days of the date coverage ended. 3. Medicaid or CHIP Subsidy Eligibility. Subscribers who previously declined coverage under any of the Group's plans may join "off-cycle" when the Subscriber and/or Dependent becomes eligible for a premium assistance subsidy under Medicaid or CHIP. Coverage will begin only if we receive the completed enrollment form and any required premium within 60 days of the date of determination of subsidy eligibility. C. The following Covered Service description for Hearing Aids is added to Section V, Covered Services: Q. Hearing Aids Precertification is required. Hearing aids required for the correction of a hearing impairment (a reduction in the ability to perceive sound which may range from slight to complete deafness). Hearing aids are electronic amplifying devices designed to bring sound more effectively into the ear. A hearing aid consists of a microphone, amplifier and receiver. Covered Services are available for a hearing aid that is purchased as a result of a written recommendation by a Physician. Covered Services are provided for the hearing aid and for charges for associated fitting and testing. Covered Services under this section do not include bone anchored hearing aids. Bone anchored hearing aids are a Covered only for Members who have either of the following: Craniofacial anomalies whose abnormal or absent ear canals preclude the use of a wearable hearing aid. Hearing loss of sufficient severity that it would not be adequately remedied by a wearable hearing aid. D. The Covered Service description for External Prosthetic Devices in Section V, Covered Services is revised as follows: I. External Prosthetic Devices Precertification is required. We Cover prosthetic devices (including wigs) that are worn externally and that temporarily or permanently replace all or part of an external body part that has been lost or damaged because of an injury or disease. Wigs are Covered only when a Member has severe hair loss due to injury or disease or as a side effect of the treatment of a disease (e.g., chemotherapy). We do not Cover wigs made from human hair unless the Member is allergic to all synthetic wig materials. For adults, We Cover the cost of only one prosthetic device, per limb, per lifetime. For children, the cost of replacements is also Covered but only if the previous device has been outgrown. Coverage is for standard equipment only. We do not otherwise Cover the cost of repairs or replacement. In accordance with Our Medical Policy, external breast prostheses following a mastectomy are also Covered. E. The Covered Service description for Reconstructive and Corrective Surgery in Section IV, Covered Services is revised as follows: E. Reconstructive and Corrective Surgery Precertification is required. Reconstructive and corrective surgery is Covered only when: 1. it is performed to correct a congenital birth defect of a Covered Dependent child which has resulted in a functional defect; or 2. it is incidental to surgery or follows surgery that was necessitated by trauma, infection or disease of the involved part; or 3. it is breast reconstruction on one or both breasts (including surgery on the healthy breast to restore and achieve symmetry). Implanted breast prostheses following a mastectomy are also Covered. Important: Reconstructive and corrective surgery is not a Covered Service unless it meets the criteria stated in either 1, 2, or 3 above.
F. The following Exclusion description for Hearing Aids replaces the Exclusion description in Section VI, Exclusions and Limitations, Item 14: 14. In addition to the exclusions identified in your Certificate of Coverage, the following are excluded from coverage under this rider: 1. Bone anchored hearing aids except when either of the following applies: For Members with craniofacial anomalies whose abnormal or absent ear canals preclude the use of a wearable hearing aid. For Members with hearing loss of sufficient severity that it would not be adequately remedied by a wearable hearing aid. 2. More than one bone anchored hearing aid per Member who meets the above OXFORD HEALTH PLANS
OHINY R BU 2009 S 709 NY Small OHI 2009 BUR 11.09 [3] coverage criteria during the entire period of time the Member is enrolled under the Certificate. 3. Repairs and/or replacement for a bone anchored hearing aid for Members who meet the above coverage criteria, other than for malfunctions. G. The State of New York Continuation provision in Section IX, What Happens If I Lose Coverage, Subsection II State of New York Continuation, Paragraph A Continuation of Coverage for You and Your Covered Dependents has been revised as follows: A. Continuation of Coverage for You and Your Covered Dependents If a Member's coverage under this Certificate would end because the Subscriber: has terminated employment ; or has become a member of a class of employees who are not eligible for coverage the Member and/or Covered Dependents may apply for State Continuation. Members who wish to elect State Continuation must request the coverage, in writing, within the 60-day period following the later of: the date of the termination or ineligibility; or the date the Member is given notice by the Group. Additionally, if the Member elected continuation coverage under federal law (for any reaon other than disability), the Member may also elect to continue coverage under state law for up to an additional 18 months. If continuation coverage under federal law was elected due to disability as defined by Title II or Title XVI of the Social Security Act, the Member may elect to receive up to seven months of continuation coverage under state law. The coverage under this subsection A. will end on the earliest of: 1. 36 months after the date the Member became ineligible under the Certificate if continuation coverage under federal law was not elected; 2. 18 months from the date continuation began if such continuation was elected after termination of continuation coverage under federal law (seven months if continuation under federal law was elected due to disability). 3. The date any required contribution is not made; 4. The date any Member becomes covered or eligible for coverage under Medicare; 5. The date any Member becomes covered or eligible for coverage under another group health plan (as either a subscriber or dependent) unless that plan restricts coverage of a pre-existing condition of the Member; or 6. The date that coverage under this Certificate is discontinued with respect to all employees of the Group. H. Copayments, Deductibles and Coinsurance With respect to the Covered Services described in this amendment, all Covered Services are subject to the Copayment or Coinsurance listed in your Summary of Benefits. All Covered Services are also subject to any applicable Plan Deductibles, benefit limits and UCR Reimbursement as identified on your Summary of Benefits. I. Miscellaneous Provisions This Amendment forms a part of the Agreement between Oxford Health Insurance, Inc. ("Us") and the Group. Unless otherwise agreed to in writing between Us and the Group, this Amendment becomes effective on the date the Agreement becomes effective. This Amendment supersedes any amendment or rider providing coverage described above previously issued by Us. In the event of a conflict between the provisions of this Amendment and the Certificate, the provisions of this Amendment will prevail. All other terms and conditions of the Certificate remain in full force and effect.
OXFORD HEALTH PLANS ____
OHINY R YoungAdult LS 1109 NY OHI Young Adult Dep 29 Age Rider 4.10 Oxford Health Insurance, Inc.
New Yor k Young Adul t Cover age f or Dependent s Thr ough Age 29
This Rider provides notice of a Young Adults ability to purchase coverage under this plan.
A. The following Dependent eligibility information has been added to Section I, Who Can Join, Subsection 1, Eligibility, Paragraph B, Dependents:
3. New York Young Adult Coverage for Dependents Through Age 29
If a Dependent child is not eligible to enroll on a group health plan because they exceed the limiting age for Dependents under that plan as identified in the Summary of Benefits, the child, or their parent, may elect to purchase such benefits as a Young Adult until his or her 30 th birthday, subject to the following provisions:
a. Conditions for Election A Dependent child is eligible to elect coverage as a Young Adult if all of the following conditions are met:
i. the Young Adult is the child of an employee or other group member insured under the Group Agreement; and ii. the Young Adult is under 30 years of age; and iii. the Young Adult is not married; and iv. the Young Adult is not insured or eligible for insurance (as an employee or member) under a self- funded or fully-insured employer sponsored plan; and v. the Young Adult lives, works or resides in New York; and vi. the Young Adult is not covered under Medicare.
The Dependent does not have to be a student, live with the Subscriber or be financially dependent upon the Subscriber in order to purchase the coverage.
b. Election of Young Adult Coverage To elect this coverage, the Young Adult or their parent must make written election to Us and pay any required premium. The effective date of the Young Adults coverage will be the later of the following:
i. the date the Young Adult gives written notice to us; or ii. the date the Young Adult pays the first premium; or iii. the date the Young Adult would otherwise lose coverage due to attainment of the limiting age.
A Young Adult (or their parent) has the following opportunities to elect this coverage: i. For a Dependent whose coverage has not yet terminated due to the attainment of the limiting age as identified in the Summary of Benefits the written election must be made within 60 days of termination of coverage due to attainment of the limiting age. ii. Coverage may be elected within 60 days of newly meeting the eligibility requirements for the Young Adult option (e.g., loss of employer sponsored coverage, divorce, etc.). iii. Coverage may be elected during the annual 30-day open enrollment period. If a Young Adult elects coverage during the open enrollment period, they are entitled to prospective coverage no later than 30 days after written notice of the election is received and premium is paid. iv. Coverage may be elected during the initial 12 month open enrollment period following the effective date of the law (September 1, 2009) if the Young Adults coverage terminated under the terms of the parents Group Agreement prior to September 1, 2009.
c. Young Adult Benefits The Young Adults benefits will be identical to the coverage provided to the Young Adults parent who is covered as an Employee under the Group Agreement. If coverage is modified for Dependents who are under the limiting age as identified in the Summary of Benefits, the coverage for Young Adults provided by this Rider will be modified in the same manner. Evidence of insurability is not required for this continued coverage.
The children of the Young Adult are not eligible for coverage under the Young Adult option.
d. Application of a Pre-Existing Conditions Exclusion If the coverage provided to the Young Adults parent includes a Pre-Existing Conditions Exclusion, coverage for the Young Adult will be subject to the Pre-Existing Conditions Exclusion as outlined in the Certificate of Coverage.
e. Continuation The Young Adult option does not affect any continuation rights under COBRA or New York State Continuation coverage. Further, a Young Adults eligibility for health insurance through a former employer under COBRA or New York State Continuation does not preclude the Young Adult from electing the Young Adult option.
e. Termination of Coverage Coverage for a Young Adult under this provision will end of the first of the following:
i. the date the Young Adult voluntarily terminates coverage pursuant to the terms of the Group Agreement or OXFORD HEALTH PLANS ____
OHINY R YoungAdult LS 1109 NY OHI Young Adult Dep 29 Age Rider 4.10 ii. the date the Young Adult no longer meets any of the above referenced conditions for election; or iii. the end of the period for which premium has not been paid within the grace period; or iv. the date that the Group Agreement is terminated and not replaced with another group policy; or v. the date the Group Agreement ceases to provide coverage to the Young Adults parent who is the Employee under the Group Agreement.
The Young Adult does not have a separate COBRA or New York State Continuation right once coverage under the Young Adult option ends.
B. MISCELLANEOUS PROVISIONS
This Rider forms a part of the Agreement between Oxford Health Insurance, Inc. ("Us") and the Group. Unless otherwise agreed to in writing between Us and the Group, this Rider becomes effective on the date the Agreement becomes effective.
This Rider supersedes any amendment or rider providing coverage described above previously issued by Us. In the event of a conflict between the provisions of this Rider and the Certificate, the provisions of this Rider will prevail. All other terms and conditions of the Certificate remain in full force and effect.
OXFORD HEALTH PLANS ______________ OHINY R BU CONG ANOM 110 NY OHI Congenital Anomaly Amendment 10.10 Oxford Health Insurance, Inc. 2010 Congeni t al Anomal y Amendment As described in this Amendment, the Certificate of Coverage is modified as stated below. A. The following Covered Service description for Oral Surgery i s added to Section IV, Covered Services: F. Oral Surgery General dental services are not Covered. The following limited dental and oral surgical procedures are Covered in either an inpatient or outpatient setting: 1. Oral surgical procedures for jaw bones or surrounding tissue and dental services for the repair or replacement of sound natural teeth that are required due to accidental injury. Replacement is Covered only when repair is not possible (please see the Exclusions and Limitations section of this Certificate). Dental services must be obtained within 12 months of the injury. 2. Oral surgical procedures for jaw bones or surrounding tissue and dental services necessary due to congenital disease or anomaly. 3. Oral surgical procedures required for the correction of a non-dental physiological condition which has resulted in a severe functional impairment. 4. Removal of tumors and cysts requiring pathological examination of the jaws, cheeks, lips, tongue, roof and floor of the mouth. Cysts related to teeth are not Covered. 5. Surgical/nonsurgical medical procedures for TMJ and orthognathic surgery may be Covered if Precertified and approved by Our Medical Director. Oral Surgery, including the dental services described above, requires Precertification. When possible, please obtain the Precertification at least 14 days in advance of the surgery or procedure. B. The following Exclusion description for Dental Services replaces the Exclusion description in Section V, Exclusions and Limitations, Item 13: 1. Services in Connection with Elective Cosmetic Surgery. We do not Cover cosmetic surgery, except that cosmetic surgery shall not include reconstructive surgery when such service is incidental to or follows surgery resulting from trauma, infection or diseases of the involved part, and reconstructive surgery because of congenital disease or anomaly of a Covered Dependent child which has resulted in a functional defect. 2. Dental Services. We do not Cover dental services related to the care, filling, removal or replacement of teeth. We do not Cover the treatment of injuries or diseases of the teeth, or gums including, but not limited to: apicoectomy, orthodontics, root canals, soft tissue impaction, alveolectomy, and the treatment of periodontal disease. As described in Oral Surgery, only dental services required to treat accidental injury of sound, natural teeth and services required to treat congenital disease and anomaly are Covered. Replacement of Sound Natural Teeth. Replacement of sound natural teeth is Covered only when Medically Necessary to treat an accidental injury, a congenital disease or a congenital anomaly. Further, it is Covered only when repair is not possible. Please note, all denials for the services described above are based on Medical Necessity. If coverage is denied, you are entitled to a Utilization Review Appeal. OXFORD HEALTH PLANS
OHINY R AMD 2011 LS 111 NY OHI 2011 Amendment 4.11 [1] Oxford Health Insurance, Inc. 2011 Amendment
As described in this Amendment, the Certificate of Coverage is modified as stated below. A. The following Covered Service description for Out-of-Network Dialysis is added to Section IV, Covered Services: Out-of-Network Dialysis Coverage may be provided for dialysis treatment received from an Out-of-Network provider on an In-Network basis if the Member is traveling temporarily out of the Service Area if all of the following conditions are met: the Out-of-Network provider is licensed to practice and is authorized to provide dialysis; and the Out-of-Network Provider is located outside of Our Service Area; and the In-Network provider treating the Member for the condition must write an order for dialysis, noting that in his/her opinion the dialysis is necessary; and the Member has notified Us, in writing, at least 30 days in advance of the proposed date(s) of the Out- of-Network dialysis treatment; and We pre-approve the dialysis treatment and schedule; and treatment is limited to no more than 10 Out-of- Network treatments in a Calendar Year. Please note: With respect to the 30 day advance notice requirement, if the Member must suddenly travel out of the service area (for example, due to family or other emergency) shorter notice may be allowed, provided that We have enough time to review the travel and treatment plans. Coverage will be provided subject to the same limitations, exclusions and terms as other similar benefits, including utilization review, annual deductibles, copayments and coinsurance. If the Out-of-Network provider charges more than Our contracted rate for In-Network services, the Member is responsible for paying the difference between the billed charges and the In-Network contracted rate. Please see your Certificate of Coverage and Summary of Benefits for details about your plan.
B. The following description for the claims submission timeline is added to Section IX, What Happens if a Provider Bills Me?, Subsection 3. Limitations: 3. Limitations. All requests for reimbursement must be made within 120 days of the date Covered Services were rendered. Failure to request reimbursement within the required time will not invalidate or reduce any claim if it was not reasonably possible to provide such proof within the 120-day period. However, such request must be made as soon as reasonably possible thereafter. All reimbursements to non-Network Providers are subject to UCR unless you were referred to a non-Network Provider by your PCP or Us. C. Miscellaneous Provisions This Amendment forms a part of the Agreement between Oxford Health Insurance, Inc. ("Us") and the Group. Unless otherwise agreed to in writing between Us and the Group, this Amendment becomes effective on the date the Agreement becomes effective. This Amendment supersedes any amendment or rider providing coverage described above previously issued by Us. In the event of a conflict between the provisions of this Amendment and the Certificate, the provisions of this Amendment will prevail. All other terms and conditions of the Certificate remain in full force and effect. OXFORD HEALTH PLANS
OHINY EXT APPLS LS 0112 NY OHI External Appeals Amendment 3.12
Oxford Health Insurance, Inc.
External Appeal Amendment
As described in this Amendment, the Member Handbook is modified as stated below.
A. The provision in the section Initial Coverage Determination Timeframes in subsection Initial Utilization (Medical Necessity) Determinations is replaced with the following:
Utilization Review issues include items that concern Medical Necessity Determinations and decisions involving treatment or services that are considered experimental or investigational, when the treatment or services meet the criteria set forth by New York State. Although many determinations are made prior to services being rendered, Medical Necessity Determinations may be made after services are rendered. All services are subject to a review by Us to determine the Medical Necessity of proposed services, services currently being provided, or services already provided. Denials will be made by the appropriate clinical personnel.
B. The provision in the section Appeals, Grievances and Complaints in subsection External UR Appeal is replaced with the following:
External UR Appeals
You, your Designee and, in connection with Retrospective Adverse Determinations, your Provider, have the right to request an External UR Appeal in the following situations:
1. We have denied coverage on the basis that the service does not meet Our requirements for medical necessity, appropriateness, health care setting, level of care or effectiveness of a covered benefit. In this instance:
The service, procedure or treatment must otherwise be a covered service under your contract; and You must have received a final adverse determination (FAD) through Our first level of internal appeal process and We must have upheld the denial or both We and you have agreed to waive any internal appeal or you apply for an expedited external appeal at the same time as you apply for an expedited internal appeal. 2. We have denied coverage on the basis that the service is an experimental or investigational treatment. You must satisfy the following two (2) criteria:
The service must otherwise be a covered service under your contract; and You must have received a final adverse determination (FAD) through Our first level of internal appeal process and We must have upheld the denial or both We and you have agreed to waive any internal appeal or you apply for an expedited external appeal at the same time as you apply for an expedited internal appeal.
Your attending physician must certify that your condition or disease is one for which standard health services are ineffective or medically inappropriate or one for which there does not exist a more beneficial standard service or procedure covered under your contract or one for which there exists a clinical trial or rare disease treatment (as defined by law).
Your attending physician must have recommended one of the following:
A service, procedure or treatment that two (2) documents from available medical and scientific evidence indicate is likely to be more beneficial to you than any standard covered service (only certain documents will be OXFORD HEALTH PLANS
OHINY EXT APPLS LS 0112 NY OHI External Appeals Amendment 3.12 Please Note: The 4 month timeframe for requesting an External Appeal begins upon receipt of the FAD regardless of whether you decide to initiate an internal Second-Level Appeal as described in this section. If you decide to initiate a Second-Level UR Appeal, you do not waive the option to file an External Appeal with the New York State DOI. However, you may miss the 4 month timeframe for requesting an External Appeal. considered in support of this recommendation your attending physician should contact the State in order to obtain current information as to what documents will be considered or acceptable); or
A clinical trial for which you are eligible (only certain clinical trials can be considered);or
A rare disease treatment for which your attending physician certifies that there is no standard treatment that is likely to be more clinically beneficial to you than the requested service, the requested service is likely to benefit you in the treatment of your rare disease, and such benefit outweighs the risk of the service. In addition, your attending physician must certify that your condition is a rare disease that is currently or was previously subject to a research study by the National Institutes of Health Rare Disease Clinical Research Network or that it affects fewer than 200,000 U.S. residents per year.
For purposes of this section, your attending physician must be a licensed, board-certified or board eligible physician qualified to practice in the area appropriate to treat your condition or disease. In addition, for a rare disease treatment, the attending physician may not be your treating physician.
Regarding Medical Necessity decisions, We may charge you a fee of up to twenty-five dollars per External Appeal, not to exceed $75 in a single year. In the event the External Appeal Agent overturns the FAD, the fee will be refunded. We will not require you to pay a fee if you are a recipient of medical assistance or is covered by a policy pursuant to the child health insurance plan program. Additionally, We will not require you to pay a fee if the fee will pose a hardship to you as determined by Us.
Regarding Experimental and Investigational decisions, payment for an External Appeal Will be Our responsibility. We will make payment to the External Appeal Agent within 45 days from the date We receive the Appeal determination. We will be obligated to pay the amount together with applicable interest in the event that payment is not made within 45 days.
How to File an External Appeal
Non-Expedited: You have 4 months to initiate an External Appeal after you receive notice from Us of a FAD or denial or after both We and you agree to waive any internal Appeal.
Requests for External Appeals must be in writing on an External Appeal application form. The application form will include instructions on how to complete and submit the form to the superintendent. You or your Designee (and Provider, if applicable) must release all pertinent medical information concerning your medical condition and request for services. The application form is available from any of the following New York State Department of Financial Services at 1-800-400-8882 or www.dfs.ny.gov; New York State Department of Health at www.health.state.ny.us; or Our Customer Service Department at the number in the front of this Handbook.
Requests for External Appeals that have been determined by the superintendent to be eligible for External Appeal will be randomly assigned to a Certified External Appeal Agent according to a process prescribed by the commissioner and superintendent.
We will forward the medical and treatment plan records We relied upon in making our determination to the External Appeal Agent. You, and your Provider where applicable, will have the opportunity to submit additional documentation to the External Appeal Agent within the 4 months period. If the documentation represents a material change from the documentation upon which We based Our Adverse Determination or denial, We will have three business days OXFORD HEALTH PLANS
OHINY EXT APPLS LS 0112 NY OHI External Appeals Amendment 3.12 to consider the documentation and amend or confirm Our Adverse Determination or denial.
The External Appeal Agent will make a determination with regard to the Appeal within thirty days of the receipt of your request. However, the External Appeal Agent may request additional information from you, your Provider and Us within the thirty day period. In this case, the External Appeal Agent will have up to five additional business days to make a determination. In either scenario, the External Appeal Agent will notify you and Us, in writing, of the Appeal determination within two business days of making the determination.
Expedited: If your Physician states that a delay in providing the Health Care Service would pose an imminent or serious threat to your health, the External Appeal will be completed within three days of the request and the External Appeal Agent will make every reasonable attempt to immediately notify you and Us of its determination by telephone or facsimile, followed immediately by written notification of the determination.
Review Process
Medical Necessity: For External Appeals requested in connection with a Health Care Service being deemed not Medically Necessary, the External Appeal Agent will review Our FAD and will make a determination as to whether We acted reasonably and with sound medical judgment and in your best interest. When the External Appeal Agent makes its determination, it will consider: Our clinical standards; the information provided concerning you; the attending Physician's recommendation; applicable and generally accepted practice guidelines developed by the federal government; or national or professional medical societies, boards and associations. Any such determination will: be conducted only by one or a greater odd number of Clinical Peer Reviewers. be accompanied by a notice of Appeal determination which will include the reasons for the determination. Where the FAD is upheld on Appeal, the notice will include the clinical rationale (if any) for the determination. be subject to the terms and conditions generally applicable to benefits under your Certificate. be binding on Us and you. be admissible in any court proceeding.
Experimental or Investigational: For External Appeals requested in connection with a Health Care Service that has been determined to be Experimental or Investigational, the External Appeal Agent will review the proposed Health Care Service or procedure for which coverage has been denied and, in accordance with the External Appeal Agent's investigational treatment review plan, make a determination as to whether the patient costs of such Health Care Service or procedure will be Covered by Us. Any such determination will: be conducted by a panel of three or a greater odd number of Clinical Peer Reviewers. be accompanied by a written statement that either: o upholds our denial of coverage; or o indicates that the patient costs of the proposed health service or procedure must be covered by Us either: when a majority of the panel of reviewers determines, upon review of the applicable Medical and Scientific Evidence (or upon confirmation that the recommended treatment is a Clinical Trial), your medical record, and any other pertinent information, that the proposed health service or treatment (including a pharmaceutical product) is likely to be more beneficial than any standard treatment or treatments for your Condition or Disease (or, in the case of a Clinical Trial, is likely to benefit you in the treatment of your condition or disease); or when a reviewing panel is evenly divided as to a determination concerning coverage of the health service or procedure. be subject to the terms and conditions generally applicable to benefits under your Certificate. be binding on Us and you. be admissible in any court proceeding.
With respect to a Clinical Trial, patient costs include all costs of Health Care Services required to provide treatment to you according to the design of the trial. Such costs do not include the costs of any investigational drugs or devices, the cost of any non-health services that might be required for you to receive the treatment, the costs of managing the research, or costs which would not be Covered under the policy for non-investigational treatments.
No External Appeal Agent or Clinical Peer Reviewer conducting an External Appeal will be liable in damages to any person for any opinions rendered by such External Appeal Agent or Clinical Peer Reviewer upon completion of an External Appeal unless such opinion was rendered in bad faith or involved gross negligence.
OXFORD HEALTH PLANS
OHINY R BU HRSA LS 512 NY OHI HRSA Amendment 7.12 [1] Oxford Health Insurance, Inc. Heal t h Resour c es and Ser vi c es Admi ni st r at i on (HRSA) Amendment
As described in this Amendment, the Certificate of Coverage is modified as stated below. Because this Amendment reflects changes in requirements of Federal law, to the extent it may conflict with any Amendment issued to you previously, the provisions of this Amendment will govern. Because this Amendment is part of a legal document (the Group Enrollment Agreement), we want to give you information about the document that will help you understand it. Certain capitalized words have special meanings. We have defined these words in the Certificate of Coverage (Certificate). Benefits for Breast Pumps Covered Services defined under the Health Resources and Services Administration (HRSA) requirement include the cost of renting one breast pump per pregnancy in conjunction with childbirth. If more than one breast pump can meet your needs, Benefits are available only for the most cost effective pump. We will determine the following:
Which pump is the most cost effective. Whether the pump should be purchased or rented. Duration of a rental. Timing of an acquisition. Precertification is required before obtaining a breast pump. Copayments, Deductibles and Coinsurance The Covered Services described in this amendment are provided at 100% when received In-Network. If Out-of-Network coverage is available, the Covered Services described in this amendment will be subject to the Out-of-Network Copayment or Coinsurance listed in your Summary of Benefits Preventive Care. All Out-of-Network Covered Services are also subject to any applicable Plan Deductibles, benefit limits and UCR Reimbursement as identified on your Summary of Benefits. Miscellaneous Provisions This Amendment forms a part of the Agreement between Oxford Health Insurance, Inc. ("Us") and the Group. Unless otherwise agreed to in writing between Us and the Group, this Amendment becomes effective on the date the Agreement becomes effective. This Amendment supersedes any amendment or rider providing coverage described above previously issued by Us. In the event of a conflict between the provisions of this Amendment and the Certificate, the provisions of this Amendment will prevail. All other terms and conditions of the Certificate remain in full force and effect.
OXFORD HEALTH PLANS OHI NY Info 1/04 1 OHI NY Info 1/04
OXFORD HEALTH INSURANCE, INC.
INFORMATION ABOUT YOUR OXFORD COVERAGE
PART I
REIMBURSEMENT
Overview of Provider Reimbursement Methodologies
Generally, Oxford pays Network Providers on a fee-for-service basis. Fee-for-service based payment schedules differ depending on the type of provider, geographic location, or site of service, and may include payment based on each office visit, a hospital day, procedure or service performed, item furnished, course of treatment, or other units of service. A unit of service, such as a hospital day, may include more than a single procedure or item. We may also limit the number of services or procedures that we will pay for during any single office visit or for any single procedure; or for multiple procedures performed at the same time. This practice is known as bundling and is used by many third party payers, including the Medicare program. Some providers have agreed to accept variable fee for service payments, payment based on a mutually agreed upon budget, so long as they receive at least a minimum fee. Oxford may make modifications to its fee for service compensation mechanism during the term of your coverage.
Oxford does not typically withhold a portion of a physicians contracted fees; which might be paid later depending on the physicians performance or financial performance of Oxford. (The amount retained is called a Withhold.) However, Withholds are among the sanctions that Oxford may implement with respect to physicians who have a demonstrated practice of not following Oxford policies, for example, by improper billing practices, consistently referring Members to providers who are not Network Providers or by failing to obtain required referrals or Precertifications. Oxford may profile Network Providers billing, referral, utilization, or other practices, and develop other financial disincentives for providers who do not follow Oxford's policies and procedures during the term of your coverage.
Oxford does not generally provide Bonuses or other Incentives to Network Providers. However, Oxford has entered into Incentive Agreements with a few intermediaries, such as provider groups and independent practice associations (IPAs). Incentive Agreements may be based on membership, referrals to specialists or hospitals and other facilities, economic factors, quality factors, member satisfaction factors, or a combination of these and other factors. Incentive Agreements typically, but not always, require the
group to meet mutually agreed upon quality measures as a condition of obtaining a bonus based on cost or utilization.
Financial incentives or disincentives may also be adopted to promote electronic billing practices or other e-commerce initiatives; or to promote compliance with Oxford utilization management policies. In addition, physicians may be paid at higher rates for certain surgical procedures, if they perform the surgery in their offices, or at ambulatory surgical centers. Oxford may enter into additional Incentive Agreements with providers during the term of your coverage. Network Providers who contract through intermediaries that contract may be subject to Incentives. Oxfords contracts with intermediaries typically, but not always, limit the nature and scope of the Incentives the group may enter into with Network Providers.
Oxford does not pay individual Network Physicians or practitioners on a Capitated basis. However, as described above, Oxford has negotiated a few Capitation Agreements with IPAs. Oxford may enter into additional Capitation Agreements during the term of your coverage or terminate existing Capitation Agreements.
Individual practitioners who are paid from funds available under Capitated Agreements with IPAs are generally paid on a fee-for- service basis, but some IPAs may pay individual primary care physicians on a Capitated basis. In addition, practitioners contracting through IPAs may be subject to Incentive Agreements. IPAs with which Oxford contracts may enter into Capitation Agreements with Network Physicians. Intermediaries with which Oxford contracts might enter into or terminate Capitation Agreements or Incentive Agreements with Network Physicians, facilities or practitioners during the term of your coverage. Oxford may audit Network Providers billing patterns, licensing compliance, or require documentation that services billed were provided. If the provider cannot demonstrate that services have been provided, or that the services billed are medically necessary and consistent with the services provided, Oxford may seek to recover funds paid to the provider, reduce future payments to the provider, or take other action such as a fee reduction or withhold until the provider has corrected their behavior.
A brief description of the compensation mechanisms applicable to different providers as of January 1, 2004 is set forth below.
Network Physicians - The compensation mechanisms used for Network Physicians are described in the Overview above. A large majority of Our Network Physicians are reimbursed by Oxford or an
OXFORD HEALTH PLANS OHI NY Info 1/04 2 OHI NY Info 1/04
intermediary on a discounted fee-for-service basis. Some Network Physicians have contracted with IPAs or are aligned with other Network Physicians which either: 1) accept compensation based upon a predetermined budget for the cost of Covered Services to Members, or 2) are subject to an Incentive Agreement (Bonus) based on quality and utilization measurements. In addition, some physician groups are eligible to be paid a Bonus based either on the total cost incurred by Oxford for Covered Services rendered to members who select or are assigned to a member of the physician group as their primary care physician, or other utilization measures, such as the total number of days these members (in the aggregate) spend in the hospital or percentage of referrals to certain specialists, hospitals or other facilities.
Limited License Practitioners - We reimburse Limited License Practitioners (non-Physician health care professionals) on a fee- for-service basis. Oxford has contracted with a company to manage our physical therapy benefit and certain other therapy benefits. Oxford has also contracted with a company to manage our chiropractic benefit. Oxford may enter into additional Capitation and/or Incentive Agreements with other limited license practitioners during the term of your coverage.
Laboratory Services - We have entered into a Capitation agreement with a national laboratory services provider to furnish outpatient laboratory tests for Our Members. Laboratory service providers are reimbursed on a fee-for-service basis, with total payment for laboratory services limited by an agreed upon budget. The company may have a financial incentive to contain the annual aggregate cost of laboratory related services
Pharmacy - We have entered into an arrangement with a national pharmacy management company that, in turn, contracts with pharmacies and manufacturers to provide pharmacy products and services to Members. The pharmacies are paid on a fee-for- service basis for both pharmaceuticals and dispensing the prescriptions. The pharmacy management company also provides certain administrative services in connection with administration of Oxfords pharmacy benefits. If Oxford terminates this contract before expiration of its term, Oxford will pay the pharmacy benefit management company a fee, but this fee is reduced if costs exceed agreed upon targets. Oxford may contract with pharmacies known as specialty pharmacies to provide and manage benefits for certain pharmaceuticals, such as infertility drugs.
Hospital and Other Ancillary Facilities - Reimbursement to Network Facilities is made on a fee-for-service basis. For inpatient services, payment is generally on the basis of a per day rate, or on a case rate for an entire stay based on the diagnosis. In general, Oxford negotiates agreements with individual hospitals or hospital systems. We do not have Capitation agreements with any of Our Network Facilities. However, we have entered into an Incentive Arrangement with an IPA for medical management of subacute facilities. The IPA pays contracting sub-acute facilities on a fee-for-service basis. Certain hospitals are developing their own programs to reduce unnecessary hospital inpatient stays and lengths of stays. Oxford may enter into Capitation and/or Incentive Agreements with hospitals or physicians during the term of your coverage.
Radiology Services - Oxford, through an intermediary, has contracted with radiologists who have agreed to be paid on a fee- for-service basis, with total fees limited based on a mutually agreed budget for radiology services. The company may have a financial incentive to contain the annual aggregate cost of imaging services.
Non-Participating Providers - Providers that have not entered into contracts with Oxford (directly or indirectly through groups), including providers in the Oxford service area and providers outside the Oxford service area, are paid on a fee for service basis. Oxford has entered into agreements with preferred provider organizations under which certain non-participating providers will provide a discount from their usual charges. Other non- participating providers are paid based on Oxfords determination, using various industry standards, of the Usual, Customary and Reasonable Charge for the service or as otherwise provided in your summary of benefits. Oxford may seek to impose bundling rules or other limitations on bills received from non-participating providers, but will assure that Members are not charged more than permitted by their benefit plan. Oxford may audit non-participating providers billing patterns, licensing compliance, or require documentation that services billed were provided and that the services provided were medically necessary. Any or all of these audits may result in non-payment to the provider for these unusual or fraudulent practices. In some circumstances, this may result in balance billing to the member. If that occurs, please contact Oxford.
Effect of Reimbursement Policies - We believe that the implementation of these reimbursement methodologies has produced the results they were designed to accomplish (i.e., access to high quality providers in our service area, and cost- effective delivery of care). Through the application of Our Quality Assurance protocols, We continuously monitor Our Providers to ensure that Our Members have access to the high standards of care to which they are entitled. If a particular reimbursement policy affects a physicians referral to a particular Network Provider, Our Members have the right to request referral to a different Network Provider.
Definitions - In addition to the definitions in your Certificate, Contract, or Handbook (whichever is applicable) the capitalized words in this attachment have the following meaning:
Bonus: An incentive payment that is paid to Physicians who have met all contractual requirements to obtain the Bonus.
Capitation, Capitated: An agreed upon amount, usually a fixed dollar amount or a percentage of premium, that is paid to or budgeted for the Provider or IPA regardless of the amount of services supplied. Capitation formulas may include adjustments for benefits, age, sex, and other negotiated factors. Usually, the Capitation amounts are paid or allocated on a monthly basis.
Incentive Agreements: In general, "Withholds" and "Bonuses" are known as "Incentive Agreements." Incentive Agreements may also include higher than standard fees, or penalties for failure to adhere to Oxford policies, such as making referrals only to Network
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Providers when Network Providers are capable and available to provide necessary services to Members, or based on the provision of services at specific sites of service. Under such agreements, Providers are paid less (some portion of their fee is reduced or withheld) or paid more (such as in the form of a bonus) based on one or more factors that may include (but are not limited to): member satisfaction, quality of care, compliance with Oxford policies, control of costs, and their use of services.
IPA: An IPA (independent practice association) is an organization that contracts with physicians and other health care providers.
Us, We, Our: When coverage is provided under Oxfords insurance company, it means Oxford Health Insurance, Inc. In addition, it can also include third parties to whom we delegate responsibility for providing administrative services relating to coverage, such as utilization management.
Usual, Customary and Reasonable (UCR) Charge: The amount charged, the amount agreed upon with a non-participating provider, or the amount We determine to be the reasonable charge, for a particular Covered Service. UCR determinations may be based on Medicare fees, industry data regarding charges or costs, or other factors. The basis for determining UCR may be different for different benefit designs.
Withhold: Percentage of a physicians fee that is held back or reserved as an incentive to encourage appropriate and efficient medical treatment or billing.
PART II UTILIZATION MANAGEMENT PROGRAM
A. PROGRAM OVERVIEW
Oxford has developed and implemented Utilization Management programs that are intended to reduce the volume of unnecessary services, direct members to appropriate providers and coordinate services among providers. In general, the utilization management protocols We use are based on industry-standard criteria developed by health care consultants and recognized clinical societies.
When We contract with network managers to provide utilization management services, they may use our protocols. In some cases, we review and adopt some or all of the protocols that they develop as our own . Oxfords Utilization Management Programs are developed and implemented by the Oxford Medical Affairs department, except as described below. Oxfords Medical Affairs Department is headed by Our Chief Medical Officer, who is a physician, and includes physician Medical Directors, registered nurses, and health practitioner consultants.
B. PROTOCOL DEVELOPMENT OVERVIEW
In developing our Utilization Review protocols, Oxford typically utilizes guidelines from outside sources, which include external consultants, including but not limited to Milliman & Robertson UM principles. We modify these protocols based on Our experience, medical evidence, and legislative requirements. All such policies are periodically reviewed and updated
C. CASE MANAGEMENT
Medical Case Management - Medical Case managers work with Providers and Members to assess, plan, coordinate, and evaluate options, settings, services and time frames required to meet a Members individual healthcare needs. Medical case management
is a clinical goal-directed process requiring communication and coordination of all available resources to promote both quality and cost-effective outcomes. The interventions typically range from simple hospital discharge planning to complex case management in the outpatient setting.
Disease Management and Complex Case management - Our Disease Management Services are intended for complex or chronic cases that are likely to result in high utilization of medical services. These cases include but are not limited to, patients with the following conditions required for treatment:
HIV End Stage Renal Disease Transplants (organ and bone marrow) High-risk maternity and high-risk neonates (newborns) Asthma Diabetes Congestive heart failure Coronary Artery Disease Rare chronic illnesses
During the term of your coverage, Oxford may introduce new disease management programs, contract with other companies to provide disease management, and terminate or modify existing disease management programs. For more information about disease management programs, contact Oxford.
Concurrent Review - Concurrent review is the review of care that is in progress for purposes of determining the extent and scope of coverage during a course of treatment. Monitoring the course of treatment through the concurrent review process enables Us to assist with discharge planning from hospital inpatient stays. In addition, it assists us in identifying alternative options of care, such as home care, and when it is appropriate, We can begin case management. We render benefit decisions regarding continuation of stay based on protocol criteria.
Discharge Planning - We begin planning for post-Hospitalization care when We are informed of a planned admission. This is one reason that it is essential that your Provider notify Us of your
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potential needs prior to your admission. Planning continues throughout the Hospital stay. Our purpose is to assist with prompt discharge when it is medically appropriate and to explore alternatives to continued Hospitalization. We may contract with other companies to assist Us in discharge planning.
Second Opinion Program - We may require members to get a Second Opinion for various inpatient and outpatient procedures. We provide the names of Network Specialists who can offer a Second Opinion. When a Member meets specific medical criteria, We may waive the Second Opinion requirement.
Privileging - We have established limitations on the range of services for which Network Providers may be paid. These payment policies may be based, among other things, on the Network Providers license and area of specialty. We may establish or change privileging requirements for other services during your enrollment.
Review of Utilization Patterns, Upcoding and Fraud initiatives - We may conduct reviews of Network Provider utilization practices to assess over- and under-utilization in treatment practices, as well as a physicians compliance with performance of effectiveness of care measures as required by monitoring or regulatory agencies such as the National Committee on Quality Assurance (NCQA), Departments of Health or other agencies. Oxford may establish or change its focus or definition of practice pattern assessment during your enrollment.
Oxford may monitor unusual billing, treatment or referral patterns. Such monitoring is expected to enable Us to take action to address potential over- and under-billing by Network Providers. Such actions can include but are not limited to discussion with providers about appropriate billing, treatment and referral, review of medical records by Oxford or external experts, attempts to collect past overpayments, imposition of Withholds, fee reduction or other actions. Where required or appropriate, Oxford refers inappropriate billing or treatment to applicable government authorities.
Quantity Level Limits - In conjunction with our pharmacy benefits management company, we have established quantity level limits for coverage of the dosage of certain prescription drugs. We may establish or change quantity level limits during your enrollment.
Precertification - Precertification enables Us to review the Medical Necessity of a proposed service or treatment including the determination of a proposed site of care, manage benefit limitations, and whether the service will be performed by Network Providers. Precertification allows Us to notify the Member or the Members Provider regarding coverage before the service is provided. In addition, it also allows Us to suggest appropriate and cost effective sites for the proposed service/treatment. We may establish or change precertification requirements during your enrollment.
Referral Management - We use referral management to assess how effective our PCPs and Specialists are at providing various services. We record demographic and referral information from each referral and use the data to monitor referral patterns
individually and on an aggregate basis. This allows Us to identify patterns of care and quality issues to manage costs and to make improvements in the quality of healthcare delivery. We may establish or change referral processes during your enrollment.
Behavioral Health Case Management - Members and PCPs may call Oxford at 800-201-6991 to obtain a referral for Mental Health and Substance Abuse services. The Behavioral Health Line is staffed by clinical professionals equipped to answer questions regarding Mental Health and Substance Abuse benefits. These professionals can also refer Members to an appropriate Network Provider and they can Precertify these services as necessary. Behavioral health services are subject to concurrent review and discharge planning.
D. ADDITIONAL UTILIZATION MANAGEMENT FUNCTIONS
Oxford has contracted with certain provider groups and management companies to perform certain utilization management functions. These include:
Precertification of Imaging Services: Oxford has contracted with a company to assist Oxford in performing Precertification of imaging services. Payment to Network Providers who contract with the network manager is, in part, dependent on the volume of radiology services provided to Members. The company may have a financial incentive to contain the annual aggregate cost of imaging services. In addition, Network Providers will be paid only for certain imaging procedures, based on their specialty. All denials of precertification for imaging services are made by an Oxford Medical Director and appeals of denials may be made directly to Oxford in accordance with our established appeals process.
Review of Orthopedic, Therapy, Subacute Care, and Chiropractic Services: Oxford has contracted with companies to perform review of orthopedic, podiatry, physiatry, therapy, subacute care and chiropractic services. These companies may have a financial incentive to contain the annual aggregate cost of services. Appeals of denials may be made directly to Oxford
Informal Subnetwork: Oxford has contracted with IPAs (either on a Capitation or Incentive basis) that have formed informal subnetworks within the Oxford network. Network Providers who participate in an informal subnetwork can ordinarily be expected to refer Members for care to other Network Providers who participate in the same informal subnetwork. IPAs or their affiliates may perform utilization review functions and make coverage or payment recommendations to Us. Our determination of coverage, directly or on appeal, is separate from any such review activities. These IPAs may have a financial incentive to contain the annual aggregate cost of services. Members may however, obtain Covered Services on an In Network basis from other Network Providers.
Pharmacy Services: Our pharmacy benefit management company performs review of quantity and dosing guidelines for certain drugs in accordance with policies adopted by Our Pharmacy & Therapeutics Committee. In addition, certain drugs require Precertification.
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Please note: Our utilization management programs, policies, and procedures may change, and the companies with which we contract to perform these services may also change during your enrollment.
PART III QUALITY MANAGEMENT
Our Quality Management (QM) Program promotes the provision of quality health care and service for all OHP members.
Our QM Program identifies and pursues opportunities for improvement of care and service and provides a structure for documentation, tracking and reporting of these activities and identified problem areas across the organization and to the Board of Directors via the QM committee structure. This purpose is accomplished by:
Identifying the scope of care and service provided through a systematic and methodical process focused on areas of care and service relevant to our member population; Developing clinical guidelines, practice guidelines, and service standards by which performance is measured taking into consideration prudent medical practice and widely accepted guidelines relevant to the clinical area; Periodically reviewing the medical qualifications of participating providers as required through regulatory mandated as well as various accreditation standards; Pursuing opportunities to improve access to health care, continuity and coordination of care, and customer service through compilation and analysis of various data including but not limited to: claims payment, member complaint/appeal information, provider practice patterns, and population-based outcome studies. Resolving identified quality issues, including follow-up on individual circumstances, through peer review processes and implementation of corrective action plans.
The QM Programs goals are to improve and/or maintain quality patient services through ongoing monitoring and assessment of:
Provider compliance with recommended clinical treatment guidelines in the delivery of care through various mechanisms such as the annual HEDIS data collection, ongoing review of provider medical records, analysis of Disease Management outcomes and through other QM studies. Member and Provider satisfaction. Mechanisms to avoid adverse impact on quality of care resulting from Our cost-containment programs. Systematic education and outreach to Our providers and members to facilitate their involvement in quality improvement activities. Definition and implementation of processes for the adequate oversight of delegated functions.
We will periodically evaluate the effectiveness of individual quality improvement initiatives in addition to the effectiveness of the program as a whole.
Credentialing/Recredentialing
Credentialing Committees: Oxford has Credentialing Committees in each regional office. Each committee is headed by the Regional Medical Director. At regular meetings, the Committee reviews applications and credentials of provider applicants.
Credentialing Requirements: In addition to meeting Our facility and records standards, physicians or providers participating in our HMO plans must generally meet the following (depending on specialty) credentialing requirements to be an Oxford Network Physician or Provider:
Current, valid state license to practice; Current, valid DEA certificate; Proof of board certification or recent (5 years from completion of training) board eligibility, unless an exception to this requirement has been granted;
Admitting privileges at a Network Hospital; unless an exception to this requirement has been granted.
We also review information and representations furnished by the physician or provider regarding: physical and mental health status; lack of impairment from chemical dependency or substance abuse; and malpractice history. Providers participating with Our HMO plans are generally recredentialed every three years. We have contracted with a third party vendor that verifies credentialing requirements for Us.
Physicians and providers located outside the service areas of our HMO plans, but which are network providers in our PPO plans, are not subject to the same credentialing requirements as providers in HMO plans. Physicians and providers participating in PPO plans may be subject only to credentialing requirements of provider organizations that contract with Oxford.
Credentialing requirements and processes may change during your enrollment.
Provider Discipline Policies and Procedures
Our Provider Discipline Policies and Procedures apply to all Providers affiliated with Us. Problems that may indicate the need for discipline include, but are not limited to:
Quality of care concerns Noncompliance with utilization, quality or other program guidelines Unsatisfactory utilization management
Depending on the nature and severity of the situation, we may issue a warning, require a corrective action plan, reduce their fees,
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require pre-certification of additional services, reduce or suspend a Providers privileges or formally terminate their participation with Us. Disciplinary actions related to quality or utilization issues may be started based on the recommendation of the Vice President for Medical Affairs, Our Medical Director, or any of the Quality Management committees or subcommittees. Disciplinary actions related to administrative issues may be started by referral from any department in the company to the Administrative Management Committee.
Disciplinary actions that result in suspension for more than thirty (30) days or termination resulting from a finding of professional misconduct will be reported to the New York Department of Health, Office of Professional Medical Conduct, as required by law.
OXFORD HEALTH PLANS MS-04-151 1 Privacy 10/04 NOTICE TO OXFORD HEALTH PLANS MEMBERS REGARDING OXFORDS PRIVACY PRACTICES THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN ACCESS THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. Oxford Health Plans LLC (Oxford) is committed to maintaining the privacy and confidentiality of your protected health information (PHI). PHI is information about you that is used or disclosed by Oxford to administer your insurance coverage and to pay for the medical treatment you receive. It includes demographic information, such as your name, address, telephone number and Social Security number, and any medical information obtained from you or from providers who submit claims to Oxford related to your medical care. We are required by applicable federal and state laws to maintain the privacy of your PHI. This document serves as the required Notice of Oxfords privacy practices, our legal duties, and your rights concerning your PHI. Oxford is required to abide by the terms of this Notice unless and until it is amended. This Notice takes effect April 14, 2003, and will remain in effect until such time that it is amended or replaced. Oxford reserves the right to change our privacy practices and the terms of this Notice at any time, provided that applicable law permits such changes. We reserve the right to make the changes in our privacy practices and the new terms of our Notice effective for all PHI that we maintain, including information we created or received prior to any such changes. When Oxford makes a significant change in our privacy practices, we will revise this Notice and send the revised Notice to our health plan subscribers. For additional copies of this Notice, please call our Customer Service Department at the toll-free number on your Oxford ID card, or visit our web site at www.oxfordhealth.com. Q. How does Oxford use or disclose your PHI? A. Oxford may use or disclose your PHI, without your consent or authorization, under the following circumstances: Treatment: We may disclose your PHI to a healthcare provider who requests it in order to provide you with necessary medical treatment, such as emergency care, X- rays or lab work. A provider might be a doctor, a hospital, a home healthcare agency, etc. Payment: We may use or disclose your PHI to pay claims submitted by a healthcare provider for treatment provided to you. For example, we may ask a hospital emergency department for details about the treatment you received so that we can accurately pay the hospital for your care. Healthcare Operations: We may use or disclose your PHI to manage our business. Examples include using it to determine appropriate premiums, to conduct quality improvement activities, to contact you regarding benefits or services that might be of interest to you, and to provide you with preventative health advisories. Plan Sponsor: We may disclose limited PHI to your health plan sponsor, benefits administrator, or group health plan in order to perform plan administrative functions such as activities related to billing and renewals. Underwriting: We may receive your PHI for underwriting, premium rating or other activities relating to the creation, renewal or replacement of a contract of health insurance or health benefits. Once an Oxford Member, use and disclosure of your PHI is governed by this Notice. Marketing: We may use your PHI to contact you with information about health-related benefits and services, treatment alternatives, or appointment reminders. Research; Death; Organ Donation: In limited circumstances, we may use or disclose your PHI for research purposes or to a coroner, medical examiner, funeral director or an organ procurement center. Required by Law: We may use or disclose your PHI when we are required to do so by law. For example, upon request, we would disclose PHI to the U.S. Department of Health and Human Services so that this agency can verify Oxford compliance with federal privacy laws. Health Oversight Activities: We may disclose your PHI to health oversight organizations and agencies as part of accreditation surveys, investigations related to our eligibility for government programs, regulatory audits, and for licensure and disciplinary actions. Workers Compensation: We may disclose your PHI to comply with laws relating to workers compensation or other similar programs that provide benefits for work-related injuries or illnesses. Public Health and Safety: We may disclose your PHI to the extent necessary to avert an imminent threat to your safety or the health or safety of others. We may disclose your PHI to appropriate authorities if we have reasonable belief that you might be a victim of abuse, neglect, domestic violence, or other crimes. Judicial and Administrative: We may disclose your PHI in response to a court or administrative order, subpoena, discovery request, or other lawful process. Sale of Business: We may disclose PHI upon sale of all or part of Oxfords business to another party. Law Enforcement: We may disclose limited information to law enforcement officials concerning the PHI of a suspect, OXFORD HEALTH PLANS MS-04-151 2 Privacy 10/04 fugitive, material witness, crime victim or missing person. Under certain circumstances, we may disclose the PHI of an inmate or other person in lawful custody of a law enforcement official or correctional institution. Military and National Security: Under certain circumstances, we may disclose the PHI of armed forces personnel to military authorities. We may disclose PHI to authorized federal officials when required for national security or intelligence activities. To Family and Friends: If, in the event of a medical emergency, you are unable to provide any required authorization, we may disclose PHI to a family member, friend or other person to the extent necessary to ensure appropriate medical treatment or to facilitate payment for that treatment. Q. Does Oxford ever need an authorization to use or disclose your PHI? A. Yes. Except for the purposes described above, Oxford cannot use or disclose your PHI without a signed authorization from you. If you provide such an authorization to Oxford, you may revoke it at any time. Your revocation will not affect any use or disclosure of PHI made while the authorization was in place. Q. Can you inspect or receive copies of any PHI in Oxfords possession? A. Yes. You have the right to inspect or receive copies of your PHI with certain exceptions. You must make a request to Oxford in writing. Oxford reserves the right to charge a reasonable fee for the cost of producing and mailing the PHI. Request forms are available on the Oxford web site or by calling the number listed at the end of this Notice. Q. Can you find out if Oxford disclosed your PHI to a third party? A. Yes. You have the right to receive an accounting of all occasions when Oxford disclosed your PHI for any purpose other than treatment, payment, healthcare operations and certain other instances. Beginning with disclosures made on or after April 14, 2003, we will maintain a record of disclosures for six (6) years. A request for an accounting must be submitted to Oxford in writing. We reserve the right to charge you a reasonable fee for the cost of producing and mailing the information if you request this accounting more than once in a 12-month period. Please note, that Connecticut and New Jersey members will automatically get an abridged accounting whenever they make a request to inspect or receive copies of their PHI. Q. Can you restrict the use or disclosure of your PHI by Oxford? A. Yes. You have the right to request that Oxford place additional restrictions on the use or disclosure of your PHI. We are not required by law to agree to these restrictions. However, if we do agree to the restrictions, we will abide by them except in the event of an emergency. Q. Can you request that Oxford use alternate means to confidentially communicate with you about your PHI or communicate with you at an alternate location? A. Yes. You must inform Oxford, in writing, that confidential communication by alternate means or to an alternate location is required to avoid potential harm to yourself or others. We must accommodate your request if it is reasonable, specifies the alternate communication means or location, and does not interfere with the collection of premiums, the payment of claims, or the administration of your health insurance coverage. Q. Do you have the right to request that Oxford correct, amend, or delete your PHI? A. Yes. You must make your request in writing, and it must explain why the PHI should be corrected, amended, or deleted. Oxford may deny your request if we did not create the PHI in question or for certain other reasons. If we deny your request, we will provide you with a written explanation. You may respond with a statement of disagreement to be added to the information you sought to change. If we accept your request to correct, amend, or delete the PHI, we will make reasonable efforts to inform others of the changes and to include the changes in any future disclosures of that information. Complaints To express concern about a decision Oxford made about access to your PHI, to report a concern that we violated your privacy rights, or to express a complaint about any aspect of Oxfords privacy practices, please contact the HIPAA Member Rights Unit at the address below. You may also submit a written complaint to the Secretary of the U.S. Department of Health and Human Services at the following address: Office of the Secretary Department of Health and Human Services 200 Independence Avenue, S.W. Washington, D.C. 20201 Telephone: 877-696-6775 Oxford supports your right to protect the privacy of your PHI and will not retaliate against you for filing a complaint with any government regulatory body or with us. If you received this Notice on our web site or by electronic mail (e- mail), you are entitled to receive a written copy of the Notice as well. To request a written copy of the Notice, please call our Customer Service Department at the toll-free number on your Oxford ID card, or call 800-444-6222. You can also contact us by mail at: HIPAA Member Rights Unit Oxford Health Plans 48 Monroe Turnpike Trumbull, CT 06611 OXFORD HEALTH PLANS MS-04-151 3 Privacy 10/04 All written communications related to this Notice and your rights under HIPAA should be mailed to the HIPAA Member Rights Unit at the address above. Privacy Notice Concerning Financial Information At Oxford Health Plans LLC ("Oxford"), protecting the privacy of the personal information we have about our customers and members is of paramount importance and we take this responsibility very seriously. This information must be and is maintained in a manner that protects the privacy rights of those individuals. This notice describes our policy regarding the confidentiality and disclosure of customer and member personal financial information that Oxford collects in the course of conducting its business. Our policy applies to both current and former customers and members. The Information Oxford Collects We collect non-public, personal financial information about you from the following sources: Information we receive from you on applications or other forms (such as name, address, social security number and date of birth.) Information about your transactions with us, our affiliates (companies controlled or owned by Oxford), or others; and Information we receive from consumer reporting agencies concerning large group customers. The Information Oxford Discloses We do not disclose any non-public, personal financial information about our current and former customers and members to anyone except as permitted by law. For example, we may disclose information to affiliates and other third parties to service or process an insurance transaction; or provide information to insurance regulators or law enforcement authorities upon request. Oxford Security Practices We emphasize the importance of confidentiality through employee training, the implementation of procedures designed to protect the security of our records, and our privacy policy. We restrict access to the personal financial information of our customers and members to those employees who need to know that information to perform their job responsibilities. We maintain physical, electronic, and procedural safeguards that comply with federal and state regulations to guard your non-public, personal financial information. This notice is being provided on behalf of the following Oxford affiliates: Oxford Health Plans LLC Oxford Health Plans (CT), Inc. Oxford Health Plans (NJ), Inc. Oxford Health Plans (NY), Inc. Oxford Health Insurance, Inc. Investors Guaranty Life Insurance Company Oxford Benefit Management, Inc. you would like a copy of these Notices in Spanish, please contact Oxford Customer Service at the number on the back of your Oxford Member ID card. If you would like a copy of these Notices in Chinese, please contact Oxford Customer Service at the number on the back of your Oxford Member ID card. If you would like a copy of these Notices in Korean, please contact Oxford Customer Service at the number on the back of your Oxford Member ID card.
Healthier members are happier members. Starting or staying with an exercise routine isnt always easy. To help you stay motivated and achieve your ftness goals, we provide reimbursement toward ftness center membership fees. 1 You can get reimbursed for going to the gym an average of two-to-three times per week. We know that staying with an exercise routine isnt always easy, and this can help you stay motivated and healthy. Note: Tis reimbursement is not available to members of all groups, including members within any Connecticut or small group New Jersey plan. Its easy. First, select a gym. To receive reimbursement, you must participate in a gym and/or program that promotes cardiovascular wellness. (Memberships in sports clubs, country clubs, weight loss clinics, spas, or other similar facilities are not eligible.) For a gym to be considered eligible, it must provide at least two pieces of equipment or activities tha t promote cardiovascular wellness from the following list: clliptical crosstraincr group cxcrcisc pool rowing machinc squash/tcnnis/ racquetball courts stationary bicyclc stcp machinc/climbcr trcadmill walking/running group How much can you get reimbursed? Please check your benefts documents or check with your benefts administrator to determine how much you (and your spouse or domestic partner) may be reimbursed. 2
Te reimbursement period begins on the date of your initial visit to the gym and ends six months from that date. Subsequent reimbursement periods begin one day after your previous reimbursement period ended. 3 You should follow the steps below to receive reimbursement for your tness participation: 1. Visit the gym You must complete a minimum of 50 visits per six-month period. Reimbursements will not be issued until six months have passed, even if 50 visits are completed sooner than six months. 2. Collect paperwork You need to collect three things: a copy of your current gym bill, showing the monthly cost of your membership; proof of payment for each of the six months you are submitting for reimbursement (i.e., credit card statement, payroll deduction, automatic bank withdrawal, etc.) 4 ; and a copy of the brochure that outlines the services the gym ofers. 3. Complete the form Fill out and submit a Gym Reimbursement Form, which is shown on the reverse side of this page. Remember to provide the dates of your gym visits completed within the six-month period for which you are making a claim. Also, a representative from your gym must sign the form. You can get extra forms from your benefts administrator, from our website www.oxfordhealth.com or by calling Customer Service at the telephone number on your Oxford member ID card. 4. Mail everything Te Gym Reimbursement Form, along with a copy of your current gym bill, proof of payment and a copy of the gyms brochure should be submitted within six months (180 days) to the following address: Oxford Gym Reimbursement P.O. Box 7082 Bridgeport, CT 06601-7082 (Phone: 1-800-444-6222) Important: Please complete the form in its entirety, or the processing of your claim may be delayed or denied. Please complete one form per member, for each six-month period for which you are making a claim. Gym Reimbursement The only thing better than staying in shape is getting reimbursed for it. 1 Check your Certifcate of Coverage to determine eligibility for this reimbursement. 2 Te reimbursement beneft is limited to you and your spouse or domestic partner; no other dependents are eligible. For your spouse or domestic partner to be eligible for this beneft, he or she must also be enrolled in an Oxford product. Reimbursement amounts may vary depending upon your plan. Please refer to your Certifcate of Coverage/health benefts plan documents to confrm your policys beneft. 3 Please refer to your Certifcate of Coverage/health benefts plan documents to confrm your policys beneft and for applicable fling deadlines. Claim must be fled upon completion of the six-month period being submitted in order to obtain reimbursement. 4 On your proof of payment, please be sure to cross out your personal account identifcation information and other information not relevant to your gym payment so it is not legible.
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. Gym Reimbursement Form Member name: __________________________________________ Member address: __________________________________ Oxford member ID number: ________________________________ Date of birth: _____________________________________ Six-month period requested: Start date: _________________________ End date: ____________________________________ Dates of your 50 gym visits*: * As a substitute for flling in the dates of your 50 gym visits on this form, you may submit one of the pieces of documentation that are listed below as an attachment to this form. Your documentation must include a signature from a gym representative for verifcation purposes. - A photocopy of your tness program card or your records kept on le at the gym. An original signature must appear on the photocopy (photocopied signatures are not valid); - A computer printout of your visits to the tness center; - Receipts that indicate each time you have visited the gym; or - Verication from your employer that indicates your use of the employer's gym. Name of facility: ________________________________________ Facility employee's signature: __________________________ Facility employee's signature above constitutes agreement that the facility promotes cardiovascular wellness for members. False statements will result in the denial of reimbursement. My signature below arms that all of the information listed above is full, complete and true to the best of my knowledge. Member signature: _________________________________________________________ Date: ___________________________ Oxford HMO products are underwritten by Oxford Health Plans (NY), Inc. and Oxford Health Plans (NJ), Inc. Oxford insurance products are underwritten by Oxford Health Insurance, Inc. 2010 Oxford Health Plans LLC. MS-10-621 8904 R4 If you have any questions regarding gym reimbursement, please call Customer Service at 1-800-444-6222. MS-03-420 6246 Access Request Form 1.11
ACCESS REQUEST FORM Purpose: This Form is intended for use by an individual to exercise his/her right to access his/her protected health information in Oxfords designated record sets or the designated record sets of Oxfords business associates. Individual Seeking Access Name: Address: Oxford I.D. Number: Telephone: Scope of Access You have the right to inspect and obtain a copy of your protected health information maintained by Oxford and its business associates. You are not, however, entitled to inspect or obtain a copy of any psychotherapy notes we may have or any information we may have compiled in anticipation of or for use in any civil, criminal or administrative action or proceeding. Please specify the records you wish to inspect or obtain copies of:
We may charge you to make copies and mail your protected health information. Oxford will notify you in advance of these charges. If you want to pick the copies up at our Trumbull, CT office please check here Signature: Date:
Personal Representative If this request is being made by a personal representative on behalf of the individual, please provide a description and any available documentation of authority to act as the individuals personal representative and sign below.
Print name Signature
Please send completed form to:
Oxford Health Plans Attn: HIPAA Member Rights Unit P.O. Box 7081 Bridgeport, CT 06601-7081
YOU ARE ENTITLED TO A COPY OF THIS REQUEST. OXFORD HEALTH PLANS ______
OHINY R BU VIS LS 109 NY OHI EPO Vision Rider w Hardware 4.09 Oxford Health Insurance, Inc.
Vision Care
Your Certificate is revised by adding the following language in the Supplemental Coverage section:
Vision Care
Covered Benefits
Within one 24-month period, We will reimburse you the amount shown in your Summary of Benefits for one set of appliances per Member. The 24-month period commences with the Members initial use of this benefit.
Covered Benefits
Within one 12-month period, one vision exam per Member including refraction will be covered subject to the amount shown in your Summary of Benefits. All services are also subject to any applicable Plan Deductibles, as shown on your Summary of Benefits.
IV. Miscellaneous Provisions
This Rider supersedes any amendment, Certificate language or rider providing coverage for Vision Care previously issued by Us. In the event of a conflict between the provisions of this Rider and the Certificate or any other document, the provisions of this Rider will prevail. All other terms and conditions of the Certificate remain in full force and effect.
Nothing contained in this Rider will be held to vary, alter, waive, or extend any of the terms, conditions, provisions or limitations of the Agreement to which this Rider is attached, other than as specifically stated herein.
OXFORD HEALTH PLANS
OHINY R S RX 309 1 OHINY_SM_RXNYS635ET_1012 Oxford Health Insurance, Inc. Outpatient Prescription Drug Rider
This Rider has been selected by your Group and provides benefits for outpatient Prescription Drug Products. Because this Rider is part of a legal document, We want to give you information about the document that will help you understand it. Certain capitalized words have special meanings. We have defined these words in the Definitions Section of your Certificate of Coverage as well as the Definitions Section of this Rider.
When We use the words We, Us, and Our in this document, We are referring to Oxford Health Insurance, Inc. When We use the words you and your We are referring to Members as the term is defined in your Certificate of Coverage.
Section 1 - Covered Items
Subject to the Exclusions in Section 4 of this Rider, the cost of Medically Necessary Prescription Drug Products will be Covered if they are FDA approved, ordered by a Physician, within the approved FDA administration and dosing guidelines and are dispensed by a Pharmacy. Benefits are available for Prescription Drug Products on our Prescription Drug List at a Network Pharmacy. Coverage may be available at a non-Network Pharmacy if your Group has purchased this coverage. Covered Prescription Drug Products will be subject to the Out-of-Pocket Expense identified on your Summary of Benefits. Please refer to your Summary of Benefits to determine your Out-of-Pocket Expense and whether coverage is available at non-Network Pharmacies.
Covered Prescription Drug Products include, but are not limited to: Self-injectible Prescription Drug Products Inhalers (with spacers) Topical dental preparations Pre-natal vitamins, vitamins with fluoride and single entity vitamins Prescription osteoporosis drugs and devices approved by the FDA for the treatment of osteoporosis Nutritional supplements (formulas) for the therapeutic treatment of phenylketonuria, branched-chain ketonuria, galactosemia and homocystinuria Non-prescription enteral formulas for home use for which a Physician has issued a written order. The written order must state that the enteral formula is Medically Necessary as a disease-specific treatment regimen for diseases which include but are not limited to: inherited diseases of amino acid or organic acid metabolism; Chrons disease; gastroesophageal motility such as chronic intestinal pseudo-obstruction; and multiple severe food allergies. Nutritional supplements that are taken electively are not Covered. Modified solid food products that are low in protein or which contain modified protein are Covered, when Medically Necessary to treat certain inherited diseases of amino acid and organic acid metabolism not to exceed the maximum listed on your Summary of Benefits. Prescription Drug Products for the treatment of correctible medical conditions which result in infertility will be Covered at the same level as benefits for any other sickness.
Refills of Prescription Drug Products are Covered only when dispensed as ordered by a Physician and only after of the original Prescription Drug Product has been used.
Section 2 Benefit Information
1. Out-of-Pocket Expenses: You are responsible for paying the costs outlined in your Summary of Benefits when Covered Prescription Drug Products are obtained from the retail pharmacy or mail order supplier (if mail order coverage has been purchased). Please refer to your Summary of Benefits to determine if your Plan includes coverage for mail order.
Unless otherwise stated in your Summary of Benefits, these costs will not be included in calculating the Plan Out-of- Pocket Maximum stated in your Summary of Benefits.
You are responsible for paying the full cost (the amount the pharmacy charges you) for any non-Covered drug product, and Our contracted rates (Our Prescription Drug Cost) will not be available to you.
Out-of-Pocket Expenses for a Covered Prescription Drug Product can be either a specific dollar amount or a percentage of the Prescription Drug Cost. Out-of-Pocket Expenses are determined by the type of Plan your Group has purchased, as follows: If you have a single option plan design, you will pay the same Out-of-Pocket Expense for all Covered Prescription Drug Products. If you have a dual option plan design, you will have a lower Out-of-Pocket Expense for Generic Drugs and a higher Out-of-Pocket Expense for Brand-Name Drugs. If you have a triple tier plan design, your Out-of-Pocket Expense will be lowest for Prescription Drug Products on Tier 1 and highest for Prescription Drug Products on Tier 3. Your Out-of-Pocket Expense for Prescription Drug Products on Tier 2 will be more than for Tier 1 but less than Tier 3.
Please see your Summary of Benefits for the Out-of-Pocket Expenses required as part of your Prescription Drug Plan and to determine if your Plan includes coverage at non-Network Pharmacies.
2. Network Pharmacies: For Prescription Drug Products at a retail Network Pharmacy, you are responsible for paying the lower of: the applicable Out-of-Pocket Expense; or the Network Pharmacys Usual and Customary Charge (which includes a dispensing fee and sales tax) for the Prescription Drug Product. OXFORD HEALTH PLANS
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You must either show your ID card at the time you obtain your Prescription Drug Product at a Network Pharmacy or you must provide the Network Pharmacy with identifying information that can be verified by Us during regular business hours.
If you do not show your ID card or provide verifiable information at a Network Pharmacy, you will be required to pay the Usual and Customary Charge for the Prescription Drug Product at the pharmacy. You may seek reimbursement from Us, however when you submit a claim on this basis, you may pay more because you failed to verify your eligibility when the Prescription Drug Product was dispensed. The amount you are reimbursed will be based on the Prescription Drug Cost, less the required Out-of-Pocket Expense identified on your Summary of Benefits.
In the event that no Network Pharmacy is able to provide the Covered Prescription Drug Product, and cannot order the Prescription Drug Product within a reasonable time, you may, with Our prior written approval, go to a non-Network Pharmacy that is able to provide the Prescription Drug Product. We will pay you the Prescription Drug Cost for such approved Prescription Drug Product less the required Out-of-Pocket Expense upon receipt of a Prescription Drug Claim form.
3. Non-Network Pharmacies: If your Plan includes coverage for Prescription Drug Products purchased at a retail non- Network Pharmacy you must pay for the Prescription Drug Product at the time it is dispensed and then file a claim for reimbursement with Us. We will not reimburse you for the difference between the Prescription Drug Cost and the non- Network Pharmacys Usual and Customary Charge (which includes a dispensing fee and sales tax) for that Prescription Drug Product. In most cases you will pay more if you obtain Prescription Drug Products from a non-Network Pharmacy. Please refer to your Summary of Benefits to determine if you have coverage at a non-Network Pharmacy.
4. Designated Pharmacies: If you require certain Prescription Drug Products, including, but not limited to, Specialty Prescription Drug Products, we may direct you to a Designated Pharmacy with whom we have an arrangement to provide those Prescription Drug Products.
If you are directed to a Designated Pharmacy and you choose not to obtain your Prescription Drug Product from a Designated Pharmacy, you will not have coverage for that Prescription Drug Product or your coverage will be subject to the non-Network Benefit for that Prescription Drug Product (if available). Please refer to your Summary of Benefits document to determine if you have non-Network benefits for Prescription Drug Products.
Following are the therapeutic classes of Prescription Drug Products that will be included in this program: Hepatitis B, Hepatitis C Multiple Sclerosis Rheumatologic and related conditions (Rheumatoid Arthritis, Psoriatic Arthritis, Ankylosing Spondylitis, Juvenille Rheumatoid Arthritis, Psoriasis) Growth Hormone Anemia, neutropenia, thrombocytopenia Infertility HIV/AIDS Transplant Oral Oncology Pulmonary Arterial Hypertension Osteoporosis Cystic Fibrosis Gaucher's Disease Iron Overload Endocrine disorders/Neurologic disorders such as infantile spasms Hemophilia Enzyme Deficiencies/Liposomal Storage Disorders Immune Modulator Immune Deficiency Parkinson's Disease 5. Tier Status: The tier status of a Prescription Drug Product may change periodically. Changes will generally be quarterly, but no more than six times per Calendar Year, based on the PDL Management Committees periodic tiering decisions. When such changes occur, your Out-of-Pocket Expense may change. You may access the most up to date tier status on Our web site or by calling the Customer Care number on your ID card.
6. Supply Limits: Benefits for Prescription Drug Products are subject to the supply limits that are stated in your Summary of Benefits. Some Prescription Drug Products may be subject to additional quantity limits based on criteria that We have developed, subject to Our periodic review and modification. The limit may restrict the amount dispensed per Prescription Order or Refill and/or the amount dispensed per months supply.
Additionally, certain Prescription Drug Products may be designated as eligible for Our voluntary half tablet program. This program provides the opportunity to reduce your Prescription Drug Product Out-of-Pocket Expenses by up to 50% by using higher strength tablets and splitting them in half. If you are taking an eligible Prescription Drug Product, and you would like to participate in this program, please call your OXFORD HEALTH PLANS
OHINY R S RX 309 3 OHINY_SM_RXNYS635ET_1012 Physician to see if the half tablet program is appropriate for your condition. If your Physician agrees, he or she must write a new prescription for your medication to enable your participation.
You can determine whether a Prescription Drug Product has been assigned a maximum quantity level for dispensing or is eligible for the voluntary half tablet program by accessing Our web site or by calling Customer Care at the telephone number on your ID card.
7. Mail Order: Certain Prescription Drug Products may be ordered through Our mail order supplier if your Group has purchased this coverage. If your Group has purchased mail order coverage, you are responsible for paying the lower of: the applicable Out-of-Pocket Expense; or the Prescription Drug Cost for that Prescription Drug Product.
Prescription Drug Products purchased through mail order will be delivered directly to your home or office. You must pay the applicable Out-of-Pocket Expense listed on your Summary of Benefits. The required Out-of-Pocket Expense will be based on a 90-day supply. To maximize your benefit, ask your Physician to write your Prescription Order or Refill for a 90-day supply with refills when appropriate. You will be charged the mail order Out-of-Pocket Expense for any Prescription Orders or Refills sent to the mail order supplier regardless of the number of days supply written on the Prescription Order or Refill. Be sure your Physician writes your Prescription Order or Refill for a 90-day supply, not a 30-day supply with three refills.
Please refer to your Summary of Benefits to determine if your Plan includes coverage for mail order.
8. When a Brand Name Drug Becomes Available As a Generic: When a Generic becomes available for a Brand Name Prescription Drug Product, the tier placement of the Brand Name Prescription Drug Product may change. If this happens, you will pay the Out-of-Pocket expense applicable for the tier to which the Prescription Drug Product is assigned as outlined on your Summary of Benefits.
Section 3 Terms of Coverage
1. Tier Structure: Our Prescription Drug List (PDL) Management Committee is authorized to make tier placement changes on Our behalf. The PDL Management Committee makes the final classification of an FDA-approved Prescription Drug Product to a certain tier by considering a number of factors, including, but not limited to, clinical and economic factors regarding Members as a general population. Whether a particular Prescription Drug Product is appropriate for an individual Member is a determination that is made by the Member and the prescribing Physician. Clinical factors may include, but are not limited to, evaluation of the place in therapy, relative safety or relative efficacy of the Prescription Drug Product, as well as whether supply limits or Precertification requirements should apply. Economic factors may include, but are not limited to, available rebates, and assessments on the cost effectiveness of the Prescription Drug Product.
The tier status of a Prescription Drug Product may change periodically. Changes will generally be quarterly, but no more than six times per Calendar Year, based on the PDL Management Committees periodic tiering decisions. These changes may occur without prior notice to you. As a result of such changes you may be required to pay more or less for that Prescription Drug Product. Please access Our web site or call the Customer Care number on your ID card for the most up to date tier status.
2. Precertification: Certain Prescription Drug Products will be Covered in accordance with Our applicable Medical Policy if they are determined by Us to be Medically Necessary for their intended use as evidenced by the advance written approval of Our Medical Director. The Prescription Drug Products that require Precertification on the attachment titled Prescription Drug Products Requiring Precertification. This information is also available through the Internet at www.myuhc.com or by calling Customer Care at the telephone number on your ID card.
We also reserve the right to require Precertification for any new drug on the market or of any currently available drug which undergoes a change in prescribing protocols and/or indications regardless of the therapeutic classification.
In addition, certain Prescription Drug Products may be designated as Step Therapy Drugs. This means that before coverage for such Prescription Drug Product will be provided, you must have tried one or more prerequisite Prescription Drug Products. If it is Medically Necessary for you to use a Step Therapy Drug as an initial medication, your Physician can request initial coverage as a medical exception. Confirmation of whether a drug is a Step Therapy Drug can be obtained through Our web site or by calling Customer Care at the number on your ID card.
To initiate the Precertification process, your Physician must contact Us and provide all relevant clinical data. If Precertification has been granted you will be responsible for the applicable Out-of-Pocket Expense listed in your Summary of Benefits. Should you choose to purchase the medication without obtaining Precertification, you must pay for the cost of the entire drug and submit a claim to Us for reimbursement. Claims for reimbursement of such drugs will be subject to a Precertification penalty of 50%.
3. Limitation on Selection of Pharmacies: If We determine that you may be using a Prescription Drug Product in a harmful or abusive manner, or with harmful frequency, your selection of Network Pharmacies may be limited. If this happens, We may require you to select a single Network Pharmacy that will provide and coordinate all future pharmacy services. Benefits will be paid only if you use the designated OXFORD HEALTH PLANS
OHINY R S RX 309 4 OHINY_SM_RXNYS635ET_1012 single Network Pharmacy. If you dont make a selection within 31 days of the date we notify you, we will select a single Network Pharmacy for you.
4. Rebates and Other Payments to Us: We conduct various utilization management activities designed to ensure appropriate prescription drug usage, to avoid inappropriate usage and to encourage the use of cost effective drugs. Through these efforts, your Group and its members benefit by obtaining appropriate prescription drugs in a cost-effective manner. The cost savings resulting from these activities are reflected in the premiums for your coverage. We may, from time to time, also enter into agreements that result in Us receiving rebates or other funds (rebates) directly or indirectly from prescription drug manufacturers, prescription drug distributors or others. Any rebates are based upon utilization of Prescription Drug Products across all of Our business and not solely on any on Members or Groups utilization of Prescription Drug Products.
Any rebates received by Us may or may not be applied, in whole or part, to reduce premiums either through an adjustment to claims costs or as an adjustment to the administrative expenses component of Our prescription drug premiums. Any such rebates may instead be retained by Us, at Our discretion, in whole or in part, in order to fund such activities, including but not limited to, as new utilization management activities, community benefit activities and increasing reserves for the protection of subscribers. Rebates will not change or reduce the amount of any Out-of-Pocket Expenses applicable under Our prescription drug coverage.
Section 4 Exclusions
In addition to the Exclusions listed in your Certificate of Coverage, the following are excluded from coverage under this Rider:
1. Prescription Drug Products obtained from a non-Network Pharmacy, unless your Group has purchased such coverage. Please refer to your Summary of Benefits to see if your Group has purchased Out-of-Network coverage for Prescription Drug Products.
2. Coverage for Prescription Drug Products for the amount dispensed (days supply or quantity limit) which exceeds the supply limit. Any prescription refilled in excess of the number specified by the Physician; refilled too soon or in excess of therapeutic limits; or any refill dispensed after one year from the Physicians original order.
3. Prescription Drug Products dispensed outside of the United States, including its possessions or the countries of Canada and Mexico, except as required for Emergency treatment.
4. Drugs which are prescribed, dispensed or intended for use while you are an inpatient in a Hospital, Skilled Nursing Facility, or Alternate Facility.
5. Experimental or Investigational Services and medications; medications used for experimental indications and/or dosage regimens determined by Us to be experimental, investigational or unproven unless approved by an external appeal agent. Please see the Utilization Review Appeal section of your Certificate for your appeal rights.
Important: If an External Appeal Agent approves coverage of an experimental or investigational treatment that is part of a clinical trial, We will only Cover the cost of services required to provide treatment to you according to the design of the trial. We will not be responsible for the costs of investigational drugs or devices, the costs of non-health care services, the costs of managing research, or costs which would not be Covered under this Certificate for non-experimental or non- investigational treatments provided in such clinical trial.
This exclusion does not apply to drugs for the treatment of cancer that have not been approved by the Federal Food and Drug Administration for that indication, if the drug has been prescribed for a Member who has been diagnosed with cancer, provided the drug is recognized for treatment of the specific type of cancer for which the drug has been prescribed in one of the following established reference compendia: (i) the American Medical Association Drug Evaluations; (ii) the American Hospital Formulary Service Drug Information; or (iii) the United States Pharmacopeia Drug Information; or recommended by review article or editorial comment in a major peer reviewed professional journal.
This exception does not provide coverage for any experimental or investigational drugs or any drug which the Federal Food and Drug Administration has determined to be contraindicated for treatment of the specific type of cancer for which the drug has been prescribed.
6. Prescription Drug Products furnished by the local, state or federal government. Any Prescription Drug Product to the extent payment or benefits are provided or available from the local, state or federal government (for example Medicare) whether or not payment or benefits are received, except as otherwise provided by law.
7. Prescription Drug Products for any condition, injury, sickness or mental illness arising out of, or in the course of, employment for which benefits are provided under any Workers Compensation Law or other similar laws.
8. A specialty medication Prescription Drug Product (including, but not limited to, immunizations and allergy serum) which, due to its characteristics, as determined by Us, must typically be administered or supervised by a qualified provider or licensed/certified health professional in an outpatient setting.
9. Durable Medical Equipment. Prescribed and non-prescribed outpatient supplies, other than inhaler spacers and drugs for the treatment of osteoporosis specifically stated as Covered.
10. Unit dose packaging of Prescription Drug Products. OXFORD HEALTH PLANS
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11. Prescription Drug Products used for cosmetic purposes. Please note, all denials for these items are based on Medical Necessity. If coverage is denied, you are entitled to a Utilization Review Appeal.
12. Prescription Drug Products, including new Prescription Drug Products or new dosage forms that are determined to not be a Covered Service.
13. Prescription Drug Products as a replacement for a previously dispensed Prescription Drug Product that was lost, misued, stolen, broken or destroyed.
14. Diabetic Equipment and Supplies. Coverage for diabetic equipment and supplies is provided as part of your medical benefits. Please refer to your Certificate of Coverage for an explanation of these benefits.
15. Non-FDA approved legend drugs, non-legend drugs and drugs available over-the-counter which do not require a Prescription Order or Refill by federal or state law before being dispensed. Any Prescription Drug Product that is therapeutically equivalent to an over-the-counter drug unless Medically Necessary. Prescription Drug Products that are comprised of components available in Over-the-Counter form or equivalent.
16. Compounded drugs that do not contain at least one ingredient that requires a Prescription Order or Refill. Compounded drugs that contain at least one ingredient that requires a Prescription Order or Refill will be assigned to either Tier 2 or Tier 3.
17. New Prescription Drug Products and/or new dosage forms until the date they are reviewed and assigned to a tier by the PDL Management Committee.
18. Vitamins, hematinics, minerals and supplements, even if ordered by a Physician, unless specifically listed in the Covered Items section of this Rider.
19. Charges for the administration or injection of any drug.
20. Immunization agents, biological sera, blood or blood plasma.
21. Allergens and allergy serums.
22. Oral and topical prescription antiseptics.
23. Prescription weight loss aids other than those used for the treatment of morbid obesity. Weight loss drugs that are used in the treatment of morbid obesity are automatically Covered under the Prescription Drug Plan. Please note, all denials for these items are based on Medical Necessity. If coverage is denied, you are entitled to a Utilization Review Appeal.
24. Prescription Drug Products for smoking cessation. Please note, all denials for these items are based on Medical Necessity. If coverage is denied, you are entitled to a Utilization Review Appeal.
25. Growth hormone for children with familial short stature (short stature based upon heredity and not caused by a diagnosed medical condition) unless Medically Necessary. If coverage is denied, you are entitled to a Utilization Review Appeal.
Section 5 Definitions
This section defines the terms used throughout this rider. Other defined terms used in this rider can be found in the Definitions Section of your Certificate of Coverage. This section is not intended to describe benefits.
Brand-Name: a Prescription Drug Product that (1) is manufactured and marketed under a trademark or name by a specific drug manufacturer; or (2) that We identify as a Brand- Name Product, based on available data resources including, but not limited to, First DataBank, that classify drugs as either brand or generic based on a number of factors. You should know that all products identified as a brand name by the manufacturer, pharmacy, or your Physician may not be classified as Brand-Name by Us.
Designated Pharmacy - a pharmacy that has entered into an agreement with us or with an organization contracting on our behalf, to provide specific Prescription Drug Products, including, but not limited to, Specialty Prescription Drug Products. The fact that a pharmacy is a Network Pharmacy does not mean that it is a Designated Pharmacy.
Generic: a Prescription Drug Product that (1) is chemically equivalent to a Brand-Name drug; or (2) that we identify as a Generic product based on available data resources including, but not limited to, First DataBank, that classify drugs as either brand or generic based on a number of factors. You should know that all products identified as a generic by the manufacturer, pharmacy, or your Physician may not be classified as a Generic by us.
Network Pharmacy: a pharmacy that has: entered into an agreement with us or our designee to provide Prescription Drug Products to Members; agreed to accept specified reimbursement rates for dispensing Prescription Drug Products; and has been designated by us as a Network Pharmacy.
A Network Pharmacy can be either a retail or home delivery pharmacy for Plans that include coverage for mail order. Please refer to your Summary of Benefits to determine if your Plan includes coverage for mail order.
New Prescription Drug Product: a Prescription Drug Product or new dosage form of a previously approved Prescription Drug Product, for the period of time starting on the date the Prescription Drug Product or new dosage form is approved by the FDA, and ending on the earlier of the following dates: the date it is assigned to a tier by our PDL Management Committee; or OXFORD HEALTH PLANS
OHINY R S RX 309 6 OHINY_SM_RXNYS635ET_1012 December 31 st of the following Calendar Year.
Prescription Drug Cost: the rate We have agreed to pay Our Network Pharmacies, including a dispensing fee and any sales tax, for a Covered Prescription Drug Product dispensed at a Network Pharmacy. If your Plan includes coverage at non-Network Pharmacies, the Prescription Drug Cost for a Prescription Drug Product dispensed at a non-Network Pharmacy is calculated using the Prescription Drug Cost that applies for that particular Prescription Drug Product at most Network Pharmacies.
Prescription Drug List (PDL): the list that identifies those Prescription Drug Products for which Coverage may be available under this rider. This list is subject to Our periodic review and modification (generally quarterly, but no more than six times per Calendar Year). You may determine to which tier a particular Prescription Drug Product has been assigned through Our web site or by calling the Customer Care number on your ID card.
PDL Management Committee: the committee that We designate for, among other responsibilities, classifying Prescription Drug Products into specific tiers.
Prescription Drug Product: a medication, product or device that has been approved by the Food and Drug Administration and that can, under federal or state law, be dispensed only pursuant to a Prescription Order or refill. A Prescription Drug Product includes a medication that, due to its characteristics, is appropriate for self- administration or administration by a non-skilled caregiver.
Prescription Drug Product does not include medical supplies, drugs, medications, injections or intravenous therapies (i) provided at a hospital; (ii) provided in connection with any home care benefit under the Certificate; or (iii) that must be administered by a physician or physician-supervised health professional.
Prescription Order or Refill: the directive to dispense a Prescription Drug Product issued by a duly licensed health care provider whose scope of practice permits issuing such a directive.
Usual and Customary Charge: the usual fee that a pharmacy charges individuals for a Prescription Drug Product without reference to reimbursement to the pharmacy by third parties. OXFORD HEALTH PLANS
OHINY R BU PREV LS 512 7 OHINY_SM_RXNYS635EW_1012 Oxford Health Plans Insurance, Inc. Patient Protection and Affordable Care Act (PPACA) Preventive Care Medications Addendum As described in this addendum, Benefits for Preventive Care Medications described in the Outpatient Prescription Drug Rider are modified as stated below. Because this addendum is part of a legal document (the Group Enrollment Agreement), we want to give you information about the document that will help you understand it. Certain capitalized words have special meanings. We have defined these words in the Certificate of Coverage and in this addendum below. Benefits for Preventive Care Medications Benefits under the Outpatient Prescription Drug Rider include those for Preventive Care Medications as defined below. You may determine whether a drug is a Preventive Care Medication through the internet at www.myuhc.com or by calling Customer Care at the telephone number on your ID card. Defined Terms The following definition of Preventive Care Medications is added to the Outpatient Prescription Drug Rider: Preventive Care Medications the medications that are obtained at a Network Pharmacy with a Prescription Order or Refill from a Physician and that are payable at 100% of the Prescription Drug Cost (without application of any Copayment, Coinsurance, Annual Deductible, Annual Drug Deductible or Specialty Prescription Drug Product Annual Deductible) as required by applicable law under any of the following: Evidence-based items or services that have in effect a rating of "A" or "B" in the current recommendations of the United States Preventive Services Task Force.. With respect to infants, children and adolescents, evidence-informed preventive care and screenings provided for in the comprehensive guidelines supported by the Health Resources and Services Administration. With respect to women, such additional preventive care and screenings as provided for in comprehensive guidelines supported by the Health Resources and Services Administration. You may determine whether a drug is a Preventive Care Medication through the internet at www.myuhc.com or by calling Customer Care at the telephone number on your ID card. Copayments, Deductibles and Coinsurance The Covered Services described in this amendment are provided at 100% when received In-Network. If Out-of-Network coverage is available, the Covered Services described in this amendment will be subject to the Out-of-Network Copayment or Coinsurance listed in your Summary of Benefits for Outpatient Prescription Drugs. All Out-of-Network Covered Services are also subject to any applicable Plan Deductibles, benefit limits and UCR Reimbursement as identified on your Summary of Benefits. Miscellaneous Provisions This Amendment forms a part of the Agreement between Oxford Health Insurance, Inc. ("Us") and the group. Unless otherwise agreed to in writing between Us and the group, this Amendment becomes effective on the date the Agreement becomes effective. This Amendment supersedes any amendment or rider providing coverage described above previously issued by Us. In the event of a conflict between the provisions of this Amendment and the Certificate, the provisions of this Amendment will prevail. All other terms and conditions of the Certificate remain in full force and effect.
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