Going in Circles with Aetna on Physical Therapy

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This blog started about our problems with Aetna and the poor science by which they determine medical necessity of physical therapy. It has now become a resource if you are trying to appeal the denial of any health insurance claim. If you want to skip straight to the resources, click on What to do if it Happens to you on the right or the Q & A tab to see my answers to questions. If you want to read a story, continue down below.

I will be writing more, so please sign up to my E-mail list on the right. Also, feel free to contact me by clicking the About and then Emailing me, clicking on the Q & A, or posting a comment on one of the pages.

If you have a neuromuscular disease, then you have been to physical therapy. Because there are so many different diseases, and no “best practice,” you’ve probably tried many different types: strength training, isometrics, flexibility, along with different medications and / or supplements. The surprise comes when health insurers likes Aetna notify you that their “National Medical Director” deems physical therapy no longer medically necessary, one month ago. This is despite your neuromuscular neurologist, saying it IS medically necessary. You then try to appeal, and never hear back.

In this set of articles, I share our frustrations with going around in circles trying to get Aetna to cover physical therapy to treat my wife’s unknown neuromuscular disease. I also provide tips regarding any other denial, from any other insurance company. Our frustration started with the fact that it took over 80 days to get a post-claim review, it took 157 days to get them to respond to the appeal, and 32 days to respond to a pre-service review of physical therapy (they never asked for additional information). These decisions are made by medical directors who have no experience with neuromuscular diseases. They use clinical policies based on references from 10+ years ago, copied word for word from the original articles, and which repeatedly contradict the literature they cite. The worst part is that the current laws of self-insured health insurance plans let them do this, and for this reason, they have vigorously opposed any reform. These problems leave the patient running around in circles, which I graphically show below:

Growing up, my wife had problems walking and with back pain More

Coverage for Compounded Medicine like the Mitochondrial Cocktail

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QUESTION: How do I get insurance to pay for a compounded medicine like the mitochondrial cocktail?

ANSWER:  Obtaining coverage for your mitochondrial cocktail medicine is a great opportunity to use the 9 tips.

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Sent to Collections for Claim Denied 4 years later

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QUESTION: I no longer have Aetna (since 2009), but recently (April 2012!!) found myself in collections because Aetna decided to take back almost $400 from a provider I saw in 2007, that they approved More

Things to Consider when Filing a Physical Therapy Appeal

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In the months since we filed that External Appeal where they claimed my 8 month pregnany wife had hit maximum function, I’ve had a lot of thoughts on how things could have gone better. As I wrote elsewhere on this blog, my wife is now improving a lot. We are going to a new physical therapist (and occupational therapist), and I’m seeing some differences. So here’s what I’ve learned, starting with before notes are even sent to the insurance company:

  • There needs to be an OBJECTIVE evaluation done at the beginning, with a plan, and later on, showing improvement. When my was pregnant, they chose not to do an evaluation because of that, but nowhere did they indicate that in the notes
  • Along with the physical therapy notes, doctor’s notes should be sent, the more the merrier if they are your favor. Based on our experience, and some conversations other have had with Aetna, I don’t think they even read the appeals. They only look atthe notes, and they choose the specialty matching based on those notes. I wish that when the notes were sent by the physical therapist, we had paid to get records from my wife’s neurologist and OB / GYN, and had them sent too.

If you are denied, in your appeal, try the following:

  • Get a note in writing from as specialized of a doctor as you can outlining your treatment plan. The rules on appeals require that the insurance medical director be a “clinical peer” of the doctor familiar with the condition
  • Include the medical records again, or the first time if you had not already. You may have to pay to get them from your physician. What I learned talking to the physical therapist at Aetna who denied us, is that Aetna doesn’t ask for all the notes, and then denies it based on the notes being incomplete. If that is true, you can address that situation by getting and sending everything yourself
  • Use the word “regain function” and “restoration of function” in your appeal. Your doctor should also use it in their notes.
  • If you are denied, call them up and ask them to turn over to you the name and credentials of the person who issued the denial, and a copy of all documents used in conjunction with the decision. If you do not hear something within a week, send it by certified mail (include a copy of your denial letter) to the Aetna Appeals, address, and send it by certified mail. If you don’t hear anything in 30 days, the rules are fuzzy, but they might owe you $110 a day (you’ll need to speak to an attorney about that). Then send them another letter, and include the certified receipt.
  • Please let me know about your progress, by clicking on the About tab above and sending me an E-mail
  • Make sure to look at my other tips when filing an appeal

Good News in 2012

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The good news is that despite all these problems, my wife delivered a healthy baby. In 2012 we switched away from Aetna. She went back to physical therapy and they said her muscles had gotten so strong, that it was throwing her off because she did not know how to use them, contrary to what the external reviewer said. They started her on both physical and occupation therapy. She is able to take complete care of the baby, does not use her wheelchair in the house, returned to work after materntiy leave, and really doing better. I believe her improvement shows how badly biased the external appeal process was. I am very glad I persisted, and hope you will too.

Questions and Answers

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On this page, I will attempt to answer some of the questions that I have received. You may ask a question here. Note that my sending a question, you are allowing me to publish it (but not your identity) on this site. If you have an urgent question, or one that is especially important, please do not use this form. Instead, contact a health practitioner or attorney in your area.

Make sure to subscribe on the right hand side so you’ll get an alert when new answers are posted here.

Our Ordeal Repeats Itself in Fall 2011

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In Fall 2011, it happened, where we once again had physical therapy denied by Aetna. Except this time, we had the protections of the health care reform, or so we thought, and my wife was pregnant.

I have story and I have learnings:

Late 2011 Update, before physical therapy was blocked

Back to Square 1, physical therapy blocked again

Preparing to file an Expedited External Appeal

Bad News on the Expedited External Appeal

And what we learned

Things to Consider when Filing a Physical Therapy Appeal

External Appeals are not as Binding as you Think

Filing a complaint about an Indepedend Review Organization

Good News in 2012

Bad News On the External Appeal

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 Unfortunately, our external expedited appeal went very badly.

 It was assigned to an Indepedent Review Organization named MCMC. The nurse who assigned the case, according to the Massachusetts Health and Human Services website, has her nursing license listed as “Stayed Probation.”

 She and her colleague assigned the case to a a physiastrist who also has specialties in accupuncture and osteoporosis. Generally, physiatrists do not prescribe medicine. My wife’s bones are fines. She doesn’t need accupuncture. Nowhere does it mention any qualifications with genetic diseases, neuromuscular conditions, medicine to treat them, or management of high risk pregnancies.

The denial letter suggested that this pain doctor who does acupuncture knew little about regaining function in this rare neuromuscular disease and knows little of pregnancy. She made many general comments, but did not tie it into my wife’s specific circumstances. This is a shame since I spent several pages in the appeal talking about it:

  • said she had reached maximum function and predicted no further improvement without mentioning she was 8 months pregnant
  • said she had reached maximum function and predicted no further improvement without mentioning her medicine or its results
    • the prescription medicine that reversed the course of this disease
    • the progress she made with that prescription medicine
    • nor the planned increases in dosing / ingredients post-pregnancy
  • said my wife reached maximum function without mentioning much of her specific circumstance
  • merely selection portions of an abstract of one of 30 articles I included
  • offered no rebuttal to why this pain doctor disagreed with letters from my wife’s neurogeneticist, neurologist, endocrinologist, and consulting neuromuscular specialist about how she was regaining function.

The denial letter started with a clinical summary of her condition, selecting only certain aspects from the 10 months prior neurogeneticists report, before medicine was started. It neither listed her genetic defect, nor her medicine. But most significantly, it did not list her predominant medical issue and reason for the expedited appeal: that she was 8 months pregnant. Month 8 of a pregnancy is accompanied by Braxton-Hicks contractions, irritation from pelvis expansion, and difficulty breathing. Yet this pain doctor concluded my wife achieved maximal function? I do not understand since I thought pregnancy is temporary. Nor do I understand how it is “maintenance therapy,” since the appeal showed improvement and predictions of improvement post-pregnancy. Her pregnancy was on every page of the appeal and I included 4 articles on pregnancy and this disease. I believe this omissions show a physical medicine doctor who claims to specialize in pain and acupuncture and osteoporosis and who does not have a web site, was not appropriate to review my wife’s pregnant and neuromuscular condition.

I was also surprised the pain doctor said my wife achieved maximal function without any mention of her prescription medicine. This medicine wasvnot for pain !!! As I wrote earlier, it was started many months before and we saw significant strength improvement through Sept 2011. Her OB / GYN would not allow increased dosing until after the pregnancy. Therefore, it was impossible for my wife to have reached maximum function yet. Nowhere did this doctor discuss how the medicine works, nor why she thinks further increase will not lead to further restoration. In fact, she never mentions medicine anywhere in the denial, probably because she doesn’t use these medicine. My wife visited 40 doctors who had no idea to try medicine, until we saw this neurogeneticist at a prestigious clinic. The medicine was mentioned frequently in the appeal and I included 8 articles on how it improved patients with defects on this gene. I believe these omissions show she was the wrong reviewer.

The pain doctor selected parts of an abstract of one of the 30 articles I included, suggesting she knew little of this rare neuromuscular disease and pregnancy. That article (like her denial and her answers to my questions), neither mentioned pregnancy, nor the medicine. Twice in the appeal, I indicated 8 other articles were more specific to my wife’s problem gene than this one. The 30 articles covered physical therapy for these disease, physiology and pharmacology of the medicine, and management of pregnancy with neuromuscular disease. I also included Eagle 2002, on exercise and neuromuscular disease, which says, “The majority of therapists have little experience with inherited adult neuromuscular conditions and are unable to offer advice based on evidence or experience,” This  should have alerted both the nurse at the IRO and this pain doctor reviewer that she could not review a case involving a rare genetic neuromuscular disease.

Overall, the denial letter really said very little about my wife’s specific condition. After paraphrasing that article, she made one comment about the physical therapy notes, responded to my point about safety, made general comments about maintenance therapy, and then concluded her therapy was maintenance. She did not address the ample evidence I provided that her function was being restored, or on medicine, or pregnancy.

To support the appeal, I had three of my wife’s physicians, her neurologist, her OB / GYN, and her endocrinologist write letters of support. But in this case, the doctor from the IRO was not even in the right specialty, which I believe violates the guidelines on medical specialty, which unfortunately, had a grace period on enforcement.

This external appeal denial letter suggested that this physical medicine pain doctor who has no web site rendered a non-appealable decision overruling my wife’s neurogeneticist, neurologist, and OB / GYN on a condition that she poorly understood. Most neurologists will never see someone with this disease their whole career. Even fewer will see them 8 months pregnant. And who in their right mind will claim that a woman who is 8 months pregnant has hit maximum function?

I also looked up the address for this doctor listed on Healthgrades in Zillow. It shows a townhouse on a golf course, in a 55+ community. Is she still in practice? I looked up the address in Zillow that is with the state’s Medical Board. That address maps to a house that was sold for $750k or so. This was definitely the wrong person to be reviewing my wife’s condition.

External Appeals are not so Binding

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These external appeals are touted as being binding. When I spoke to Aetna about it, they cautioned me against filing an external appeal. They warned me that if it were unfavorable, there is nothing they could do.

Not true. If the external appeal is favorable to you the patient, it is binding on the insurer. That is why they are afraid. If it is unfavorable, it is NOT binding on the insurer. So there is still room for you to negotiate with them. Or if you were like us and skipped the internal process, you might be able to go back. Let me explain.

When the external appeal is unfavorable, it permits the patient to sue the plan for abuse of discretion. However, what if, in our case, we fast tracked it to the external appeal? So the plan never had a chance for discretion, how can you hold them responsible? That’s why the Amendment to the Final Rules says the plan can pay for the claim at any time, even if the external reviewer was unfavorable (d)(2)(iv):

except that the requirement that the decision be binding shall not preclude the plan or issuer from making payment on the claim or otherwise providing benefits at any time, including after a final external review decision that denies the claim or otherwise fails to require such payment or benefits.

What that also means is that plan takes responsibility of any violations by the external reviewer, in case they reviewed incorrectly, as I discuss in our story.

So if your expedited external review fails, consider renegotiating with the insurer. They do not want to get sued. And look at the other tips I have on things we learned too.

DISCLAIMER: I am not your attorney, in fact,  I’m not even an attorney. I’m just frustrated by how health insurers avoid providing proper care, and use that energy to read the laws

Rules / Guidelines on Medical Specialty for Appeals

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  • 29CFR2560.503-1(h)(3)(iii): a health care professional who has appropriate training and experience in the field of
    medicine involved in the medical judgment
  • NAIC Uniform Health Carrier External Review Model Act Section 13 (B) (2): Be knowledgeable about the recommended health care
    service or treatment through recent or current actual clinical experience treating patients with the same or similar medical condition of the covered person
  • URAC Standards on Matching Medical Specialty: It goes more in depth, but the key issue is that the reviewer must be a peer of the professional who ordered the treatment, in other words, if it was a neuromuscular specialist, the reviewer better be one too. Additionally, their scope of licensure and professional experience must cover the health issue under review (paraphrased, follow link to see actual text)

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