Case # 307--Medical Necessity Residential Level of Care--Adolescent
Patient
Information
The
patient was a 16-year old male with a dual diagnosis of substance use
disorder (SUD) co-morbid with depression and anxiety.
Provider
Information
Services
were rendered to this patient at an adolescent residential treatment
center located in Utah, from May 1, 2008 through December 19, 2008.
The total charges for his treatment were $125,421.00. The family’s
insurance, Blue Cross of California, denied payment for the patient’s
entire stay, citing that behavioral health medical necessity criteria
were not met for admission to the Adolescent Psychiatric Residential
Treatment Center. They maintained that the patient demonstrated the
ability to be managed at a less restrictive level of care, such as
psychiatric outpatient treatment.
History
of Patient’s Condition
The
patient had a history of mood disturbance, anxiety, poly-substance
abuse, disruptive behavior, conflicts with parents, and school
failure beginning in the 8th
grade. His history was positive for a traumatic event occurring at
that time, and was associated with the significant anxiety and mood
disturbance that ensued. Substance abuse began after this event and
increased in severity over the years. The patient had multiple
relapses and a history of high risk behavior. He abused substances
such as marijuana, ecstasy, angel dust, and PCP.
Treatment
for this patient included an outpatient psychiatrist from 2007 to
2008, which included individual and family therapy, as well as
medication management. During outpatient treatment, the patient’s
behavior continued to decline. He became suicidal and violent and
ultimately required acute psychiatric hospitalization for two weeks.
Upon release, he was placed in a wilderness program for nine weeks.
Diagnoses there included Oppositional Defiant Disorder, Major
Depressive Disorder, and Marijuana Dependence. During his stay in
the wilderness program, he required substantial supervision and was
felt to be at significant risk for relapse and placing himself at
physical risk. Upon completion of the wilderness program,
residential treatment was recommended.
Throughout
treatment, this patient had been treated with medication including
Lexapro and Lithium.
Reason
for Referral
The
family’s insurance provider denied payment of the patient’s
entire confinement in the adolescent residential treatment center in
Utah, citing medical necessity criteria not met. The insurance
provider claimed the patient demonstrated the ability to be managed
at a less restrictive level of care, such as psychiatric outpatient
treatment.
Claim
Evaluation and Document Needs
We
gathered the documents needed to address a continued stay medical
necessity denial. Such documents included records from the adolescent
residential treatment center in Utah, a copy of the plan booklet from
Blue Cross California, the clinical criteria used by the said claim
payer to determine medical necessity, letters of medical necessity
from prior treating providers, including an inpatient wilderness
program, and various medical records.
Barriers
to Overcome
We
needed to convince the claim payer with medical record documentation
and supporting letters that the patient was taking unnecessary risks
or doing potentially lethal things that required medical intervention
and containment in a 24-hour sub-acute treatment setting. We needed
to provide evidence that psychiatric outpatient treatment was
insufficient and that treatment at the adolescent inpatient level of
care was required to restore the patient’s previous level of
functioning.
Appeal
Process
A
formal standard written appeal letter was sent to the payer within
180 days (as required by most health plans and ERISA) of the denial
date listed on the first denial letter.
The
appeal letter outlined the patient’s history of present illness
and provided evidence that he met requirements for admission to
inpatient residential treatment due to his symptoms and behaviors, as
quoted in the Plan’s Life and Health booklet under “Serious
Emotional Disturbance of a Child.” We also highlighted that
his admission to the adolescent residential treatment center was
characterized as medically necessary by his treating physicians. In
doing so, we provided clinical documentation in support of his
admission at this level of care. Specifically, we included a letter
of medical necessity (LOMN) from the psychiatrist who treated him in
2007 and 2008 which substantiated that although the patient was
treated with a “combination of medication management,
relaxation therapy, individual and family psychotherapy, and
exploration into and development of various modes of academic
assistance in order to try to stabilize the situation,” he
continued on a downward course that included continued abuse of
street drugs and deterioration to the point where he became suicidal
and violent and required two weeks hospitalization. The psychiatrist
continued to note that the patient would not be able to heal without
an extensive change of milieu. It was the psychiatrist’s
recommendation that the patient attend the wilderness program.
We
also included a letter of medical necessity (LOMN) from the
wilderness program which stated that during the course of his
assessment the patient required substantial supervision in order to
not manipulate his parents and other adults, make unhealthy decisions
regarding his substance dependence, and give in to his intense desire
to be accepted by others around him. Due to his depression and his
willingness to put himself at physical risk, it was recommended that
he be placed in a “residential therapeutic environment to meet
his complex long term needs and to further reinforce new skills in
all areas of growth.”
We
also included portions of the Treatment Notes from the adolescent
residential treatment center in Utah which stated that a less
restrictive setting would be inappropriate for him because he
required the structure and safety provided in this particular
treatment environment. The patient had struggled throughout his
treatment at the RTC and had multiple relapses, including getting
intoxicated from a bottle of Listerine. He had also accrued several
safety violations, one of which was an AWOL attempt.
Final
Outcome
Upon
receipt and review of the initial appeal letter, the insurance
payer’s utilization review management department maintained
denial stating that after reviewing the information provided, the
patient was not showing current behaviors which included self
injurious and/or uncontrolled risk taking with potentially lethal
consequences that require containment in a 24-hour sub-acute
treatment setting. They maintained that the patient met criteria for
a lower level of care, such as intensive outpatient treatment.
Only
one level of appeal was required under this plan to exhaust the
administrative appeal remedies. Since this process was completed,
it was decided to send a request to the State of California (which is
where the patient resided) for consideration of the independent
medical review process. A letter was sent to the State of
California, within 60 days (each State has a different timely filing
period) of the denial date on the second denial letter. Maximus,
through The Center for Health Dispute Resolution, accepted the case
for full review in November, 2008.
In
early January 2009, after a full review of the appeal, the external
review company, Maximus, fully reversed the decision rendered by Blue
Cross of California. This reversal authorized payment of the
patient’s claims, up to the Plan benefit of 100 days per
calendar year.
Claim
Payment
Although
the State of California external review program overturned the Blue
Cross of California denial in January of 2009, the insurance only
agreed to pay the claims from May 1, 2008 through August 8, 2008
stating that the family met their calendar year benefit of 100 days
for residential treatment on August 8, 2008. Payment of $37,700.00
was made for payment of the 100 days of certified covered care.
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