Case #319: Medical Necessity Residential Level of Care - Adolescent
Patient
Information
The
patient was a 16-year old female with a diagnosis of Mood Disorder
NOS, Parent/Child Relational Problem, Oppositional Defiant Disorder,
Alcohol Abuse, and Cannabis Abuse.
Provider
Information
Services
were rendered to this patient at an adolescent residential treatment
center located in Utah, from February 18, 2008 through March 25,
2009. The total charges for treatment were $201,025.00. The
family’s insurance, Blue Cross of California, initially quoted
unlimited benefits and then sent a letter dated February 21st,
2008 which denied coverage for the
patient’s stay at this facility, citing no medical necessity.
History
of Patient’s Condition
The
patient had a long history of behavior problems, relationship issues,
self harm, substance abuse, academic problems, sexual promiscuity,
and mood issues. Her parents divorced when she was five and she
lived with her mother until the age of 13. She reported neglect, as
well as physical, emotional, and verbal abuse from her mother. The
patient was also sexually abused on three different occasions; the
first when she was nine, the next at twelve years of age, and another
time since then. At the age of nine she was sexually abused by her
mother’s boyfriend, who is now in prison for this crime. The
patient had impaired sleep, nightmares, and anxiety as a result of
this abuse.
The
patient’s drug abuse began at the age of twelve when she
started using alcohol and smoking cigarettes. At thirteen, she began
using meth and cocaine every day, and indicated that she was an IV
drug user. She also experimented with prescription pills, mushrooms
and acid. The patient exhibited further self-harming behavior with
respect to her sexual history. She had primarily unprotected sex
with thirty-six partners.
Treatment
history for this patient included two prior residential programs, one
at a wilderness school for troubled teens in Oregon, and the other at
a boarding school in Arizona. In June, 2007, the patient was placed
in the wilderness school after having run way from home on three
occasions. She had also been self-mutilating, lying, and experiencing
mood issues; and, she was suspended from school twice for fighting
with peers. In late August of 2007, after four suicide attempts at
the wilderness school, she was transferred to a therapeutic girl’s
boarding school. She spent approximately 6 months there before being
transferred to the adolescent residential treatment center in Utah in
February of 2008. It was believed that her worsening disruptive
behaviors and self harming behaviors – cutting and suicidal
thinking - necessitated increased structure and supervision that the
treatment center in Utah could best address and treat.
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 that their internal residential medical necessity
criteria had not been 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 medical records from the
wilderness school in Oregon, the boarding school in Arizona, and the
adolescent residential treatment center in Utah, a copy of the plan
booklet from Blue Cross California, the clinical criteria for
residential level of care used by the said claim payer to determine
medical necessity, letters of medical necessity from prior treating
providers, and various other medical records and testing.
Barriers
to Overcome
We
needed to convince the claim payer, through psychiatric record
documentation and supporting letters of medical necessity, 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 an adolescent inpatient residential 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 claim payer in
August, 2008, 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 attempted to provide evidence that she met requirements for
admission to inpatient residential treatment due to her continued and
worsening symptoms and behaviors. We highlighted that her admission
to the adolescent residential treatment center was characterized as
medically necessary by previous treating physicians. In doing so, we
provided clinical documentation in support of her admission at this
level of care. Specifically, we included a letter of medical
necessity (LOMN) from the Program Director at the boarding school who
stated that the treatment team at his academy made the decision to
transfer the patient to a more structured environment because she
required a higher level of care and clinical assistance. The
patient’s therapist at the academy stated that “it is
premature to discharge the enrollee at this time and would be against
medical advice as she has not resolved significant issues, but is on
the path to do so.” He further stated that the possibility of
“returning to her prior conduct of drug use, self-harm, and
illegal behavior” were “real risks and could lead to
potentially life-threatening problems.”
We
also included notes from the patient’s first several months at
the adolescent treatment center in Utah. Documentation from The Self
Harm/Suicide Risk Screening highlighted the patient’s risk for
self-harming behaviors. These notes stated that the patient “has
cut and attempted suicide in the past usually after fights/issues
with boyfriend or mother.” And, the patient “held gun in
mouth four times but did not go through with it. On two occasions she
tried to hang herself, but did not go through with it. She used pills
and alcohol.” We also presented notes from The Self
Harm/Suicide Precautions Flow Sheet which showed that the patient was
still at serious suicide risk. The notes stated that “she was
planning on trying to hang herself in the bathroom during the night.”
Additional notes from the Physician’s/Nursing Progress Notes
stated that the patient “was on unit restriction for self-harm
precautions. She had cut superficially on her extremities” and
was not allowed to leave the unit. Documentation from the monthly
treatment notes maintained justification for continued RTC treatment
by stating that “until she not only significantly changes her
behaviors, but also demonstrates substantial insight into her
previous behaviors, she will be at high risk for relapse back onto
her difficulties which precipitated her arrival” at the
facility. Three months into her stay at the adolescent RTC, the
patient’s initial diagnosis of Mood Disorder NOS had been
changed to Major Depressive Disorder, Recurrent, Moderate due to her
history of recurring major depressive episodes.
Upon
receipt and review of the initial appeal letter, the insurance
payer’s utilization review management department maintained
denial stating that the patient did not meet certain Blue Cross
behavioral health criteria for psychiatric residential treatment.
Specifically, they stated that she was not showing behaviors which
represented deterioration from her usual level of functioning 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 there was no
evidence that treatment at this level of care would restore her
previous level of functioning.
Subsequently,
a timely second formal appeal letter was written and sent in late
October, 2008. In this appeal, we attempted to document for the
payer that the symptoms and behaviors the patient was experiencing
met the requested level of residential care and that her services
should be considered medically necessary and that they should
authorize her care as such.
Additionally,
we highlighted that outpatient individual and family therapy could
not be considered as an alternative. In doing so, we pointed to the
documentation we provided in the initial appeal which stated that the
patient needed a more structured environment and a higher level of
care based on her behaviors. Lastly, we enclosed copies of the
patient’s current medical records for review by the insurance
payer. However, upon receipt and consideration of the second appeal
by the insurance payer’s utilization review management
department, denial was upheld for the exact same reasons the first
appeal was denied.
Final
Outcome
Since
the appeals process had been exhausted, 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 along
with the request forms, 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
December, 2008, 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 this
patient’s claims for the totality of her confinement in the
adolescent RTC.
Claim
Payment
The
total charges for all services were $201,025.00. The insurance paid
the claim at the contracted daily rate with the facility for a total
of 100 days (per calendar year) which was the benefit maximum. The
payment of her claims relating to the 2008 calendar year were paid at
the contract rate of $37,700.00. Only 84 days were payable for the
2009 calendar year since the patient left the facility on March 25,
2009. Payment for those 84 days at the contract rate totaled
$31,864.00.
Back to Medical Necessity Denials case studies.