Section 450.323 - Appeals of Erroneously Denied or Underpaid ClaimsPursuant to M.G.L. c. 118E, § 38, the MassHealth agency has established the following procedures for appealing claims that the provider believes were denied in error or underpaid. The MassHealth agency's Final Deadline Appeals Board has exclusive jurisdiction to review appeals submitted by providers of claims for payment that were, as a result of MassHealth agency error, denied or underpaid, and that cannot otherwise be timely resubmitted.
(A)Criteria for Filing an Appeal. All requests for appeals submitted to the MassHealth agency for review must be submitted electronically in a format designated by the MassHealth agency, unless the provider has been approved for an electronic claim submission waiver as specified in 130 CMR 450.302(A)(3). To file an appeal with the MassHealth agency's Final Deadline Appeals Board, the provider must meet all of the following criteria. (1) The provider must have submitted the original claim in a timely manner, pursuant to 130 CMR 450.309 through 450.314.(2) The provider must have exhausted all available corrective actions outlined in the billing instructions provided by the MassHealth agency.(3) The date of service for which the appeal is submitted must exceed the filing time limit of 12 months, unless third-party insurance is involved, in which case the filing time limit is 18 months (the final billing deadline).(4) Claims for dates of service more than 36 months after the date of service are not eligible for an appeal.(5) The provider must file the appeal within 30 days after the date on the remittance advice that first denied the claim for exceeding the final billing deadline.(6) The provider must demonstrate that the claim was, as a result of MassHealth agency error, denied or underpaid.(B)Accompanying Documentation. Along with each appeal of a claim, the provider must submit the following information to substantiate the contention that the claim was, because of MassHealth agency error, denied or underpaid:(1) a standard appeal form prescribed by the MassHealth agency or cover letter describing the nature of the MassHealth agency error that resulted in the denial or underpayment of the claim. The statement must include the provider name, provider ID/service location number, member name, member number, and date of service.(2) evidence of the claim's original, timely submission and resubmission, if applicable;(3) a copy of the applicable page from each remittance advice on which the claim was previously processed;(4) a copy of the remittance advice or electronic response that indicates that the final submission deadline has passed;(5) an accurately completed electronic claim or a legible and accurately completed paper claim if the provider has received a waiver of the electronic submission requirement; and(6) any other documentation supporting the appeal.(C)Procedure for Deciding Appeals. All appeals are decided by the MassHealth agency's Final Deadline Appeals Board based upon written evidence submitted by the provider. The provider has the burden of establishing by a preponderance of the evidence that the claims appealed were denied or underpaid because of MassHealth agency error.(D)Request for an Adjudicatory Hearing. A provider may submit a request for an adjudicatory hearing with a final deadline appeal if there is a dispute about a genuine issue of material fact. The request must include a statement indicating the specific reasons why a hearing should be conducted. The request must include the following information:(1) a statement identifying the material facts in dispute;(2) a summary of the evidence that the provider would offer at the hearing to support his or her contentions; and(3) a statement explaining why the evidence could only be presented at a hearing.(E)Notification of Approval or Denial of Request for an Adjudicatory Hearing. (1) If the Final Deadline Appeals Board determines that a hearing is justified, the MassHealth agency notifies the provider of:(a) the issues of fact for which a hearing has been justified; and(b) the identity of the person or entity designated by the MassHealth agency to conduct the hearing. (2) Any hearing hereunder, whether conducted by the Final Deadline Appeals Board or its designee, is conducted in accordance with the provisions of 130 CMR 450.244 through 450.248.(3) If the Final Deadline Appeals Board determines that a hearing is not justified, the MassHealth agency notifies the provider of the reasons why it decided not to hold a hearing. (F)Decisions of the Final Deadline Appeals Board. The Final Deadline Appeals Board reviews each appeal that is properly submitted and notifies the provider in writing of its decision. The notification includes a brief statement of the reasons for its decision. The decision is a final agency action, reviewable pursuant to M.G.L. c. 30A.Amended by Mass Register Issue 1341, eff. 6/16/2017.