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Appeals and Exceptions: At a Glance

Step:

How to Request:

Do This Within:

Decision Within:

Request a coverage determination (specifically: formulary exception)

Call or write to your plan. Your health care provider must explain why you need the specific medicine.

No time requirement.

72 hours of receiving health care provider's satement (24 hours for expedited request)

Request a redetermination

Write to your plan and request a redetermination.

60 days of formulary exception denial.

7 days (72 hours for expedited request.

Request a reconsideration.

Write to the independent review entity (RIE) noted in your redetermination denial letter.

60 days of denial of redetermination request for coverage.

7 days (72 hours for expedited request).

Appeal to the Administrative Law Judge (ALJ).

Follow steps in reconsideration letter.

60 days of denial of redetermination request for coverage.

No time requirement.

Appeal to the Medicare Appeals Council (MAC).

Follow steps in ALJ letter.

60 days of denial from the ALJ.

No time requirement.

File suit in Federal District Court.

Follow steps in MAC letter.

60 days of denial from the MAC.

Depends on court schedule.