July 25, 2011 State of Maine Department of Professional And Financial Regulation Bureau of Insurance 24 Station House Station Augusta, Maine 04333-0034 RE: Blue Cross Blue Shield Dear Bureau of Insurance, I would like to file a complaint and also see if there is anything that your department can do to help me resolve the following issue. Blue Cross Blue Shield is my current health insurance. My policy allows for Add number of visits allowed chiropractic visits per calendar year, with Add amount co-pay for Chiropractic Services/Manipulative Therapy. I also have a Add amount deductible (once deductible met, I have a Add amount coinsurance) for physical therapy, occupational therapy and speech therapy visits with a Add number of visits or amount allowed visit maximum per calendar year. I saw my chiropractor, Add Chiropractor Name on the following date: Add dates of service and claim numbers I paid a Add amount co-pay at the time of my visits. I was informed from the doctor’s office, that BC/BS had separated my charges from these visits and applied them to my chiropractic and physical therapy benefits, which in addition to paying my Add amount co-pay for chiropractic services/manipulative therapy, BC/BS is stating that I’m responsible for the modalities which is being applied towards my physical therapy benefit deductible. Add your office name has filed an appeal with BC/BS on my behalf regarding BC/BS’s applying my chiropractic visits to two different (limited) benefits. Please find enclosed BC/BS’s appeal. You will notice according to my “Covered Services” of my Certificate of Coverage includes provisions that state: Our payment for Covered Services will be limited by any applicable Copayment, Deductible, or annual or lifetime maximum. Please check your Summary of Benefits for Deductibles, Copayments, Coinsurance, maximums, and limitations that apply. Maine Bureau of Insurance RE: Anthem Blue Cross Blue Shield complaint Page 2 of 3 Chiropractic Care We provide Benefits for chiropractic care. See the ‘Manipulative Therapy’ provision for additional information. Please see your summary of Benefits for limits that apply. Manipulative Therapy We provide Benefits for treating acute musculoskeletal disorders. No Benefits are provided for ancillary treatment such as massage therapy, heat, and electro-stimulation unless in conjunction with an active course of treatment. Benefits are not provided for Maintenance Therapy for chronic conditions. Please see your Summary of Benefits for limits that apply. Physical and Occupational Therapy – We provide Benefits for short-term physical and occupational therapy on an Outpatient basis for conditions that are subject to significant improvement. Benefits are subject to a combined Calendar Year limit as described on your Summary of Benefits. Services are covered only when provided by a licensed Professional acting within the scope of his/her license. According to the above paragraph BC/BS should be applying my treatment by type of “service”, not by procedure code, and they also state under Manipulative Therapy ancillary treatment such as massage therapy, heat, and electro-stimulation is covered when in conjunction with an active course of treatment. The ancillary treatment I received for the following: Date of Service Add date of service Claim # add claim number: CPT Code 97032-76 application of a modality to one or more areas; electrical stimulation, CPT Code 97010-00 application of a modality to one or more areas; hot or cold packs, where in conjunction with an active course of treatment as outlined under Manipulative Therapy. In other words the ancillary treatment I received is part of Manipulative Therapy, not Physical Therapy and should be applied towards my Manipulative Therapy benefit not my physical therapy benefit. I give the Maine Bureau of Insurance permission to discuss this complaint with Add your name, title and office name. Maine Bureau of Insurance RE: Anthem Blue Cross Blue Shield complaint Page 3 of 3 I sincerely appreciate your help with this issue and look forward to your reply. If you need any further information from me please feel free to contact me at the address and telephone number submitted on the complaint form. Sincerely Have Patient sign here Add Patient Name CERTIFIED MAIL: July 26, 2011 Appeals Department Blue Cross Blue Shield P.O. Box 218 North Haven, CT 06473-0218 RE: Add Patients Name Certificate # Add Member ID Number Claim # Add Claim Number Date of Service: Add dates of service Dear Appeals Department; We are filing an appeal with your department regarding the processing of claim number add claim number for date of service add date of service When this claim was processed the visits was applied towards add patients name chiropractic and physical therapy benefits. According to Section Three Tilted: “Covered Services” of the member’s Certificate of Coverage includes provisions that state: Our payment for covered services will be limited by any applicable copayment, deductible, or annual or lifetime maximum. Please check your summary of Benefits for deductible, copayments, coinsurance, maximums, and limitations that apply. Chiropractic Care We provide benefits for chiropractic care. See the ‘Manipulative Therapy’ provision for additional information. Please see your summary of benefits for limits that apply. Manipulative Therapy We provide benefits for treating acute musculoskeletal disorders. No benefits are provided for ancillary treatment such as massage therapy, heat, and electro-stimulation unless in conjunction with an active course of treatment. Benefits are not provided for Maintenance Therapy for chronic conditions. Please see your summary of benefits for limits that apply. Physical and Occupational Therapy We provide benefits for short term physical and occupational therapy on an outpatient basis for conditions that are subject to significant improvement. Benefits are subject to a combined Calendar Year limit as described on your summary of benefits. Services are covered only when provided by a licensed Professional acting within the scope of his/her license. Appeals Department Blue Cross Blue Shield RE: Add patient name Page 2 of 2 As outlined above under Manipulative Therapy ancillary treatment Date of Service Put Date claim # Put Claim Number: CPT Code 97032-76 application of a modality to one or more areas; electrical stimulation, CPT Code 97035-00 application of modality to one or more areas; ultrasound CPT Code 97010-00 application of a modality to one or more areas; hot or cold packs, CPT Code 97140–00 Manual Therapy are covered under Manipulative Therapy when in conjunction with an active course of treatment, which falls under Chiropractic Care. These procedures are being applied toward the patients benefits based on the CPT codebook section and subsection, (please refer to enclosed copy of pages 356, 357, and 359 from the AMA 2011 CPT current procedural terminology standard edition book) not as outlined in Instructions for Use of the CPT Codebook “It is important to recognize that the listing of a service or procedure and its code number in a specific section of this book does not restrict its use to a specific specialty group. Any procedure or service in any section of this book may be used to designate the services rendered by any qualified physician or other qualified health care profession.” (please refer to the enclosed copy of pay xiv from the AMA 2011 CPT current procedural terminology standard edition book) According to provisions outlined in the Members Certificate and the outline of Instruction for use of the CPT codebook, these services where not processed appropriately. We expect these services to be reprocessed and applied correctly. If you have any questions you may contact me Monday through Thursday from 8:00am to 5:00pm. Sincerely Add your name and title CC: Type Patients Name Maine Bureau of Insurance June 15, 2011 Appeals Department Blue Cross Blue Shield P.O. Box 218 North Haven, CT 06473-0218 RE: Add Patients name Certificate # Add members ID number Claim # Add claim number Date of Service: Add date of service Dear Appeals Department; We are filing a 2nd level of appeal with your department regarding the 1st level of appeal decision dated Add date of 1st level appeal decision letter. You will notice that the appeal decision states: Manipulation and therapies may be subject to different benefits and limits. Benefits and limits for physical therapy are based on the type of service and not on the type of provider. A physical therapist, chiropractor or physician can perform manipulation services. Physical therapy, regardless of what type of provider performs the service, will apply to the applicable physical therapy benefit and limit. If a physical therapist/chiropractor/physician performs both a manipulation and a physical therapy service on the same visit, the manipulation will be subject to manipulation benefits and any applicable limits. The physical therapy service will be subject to any applicable physical therapy benefits and limits. Benefits and limits for manipulations may not be the same for physical therapy. According to your benefits department: CPT Code 97597 ( debridement (eg, high pressure waterjet with/without suction, sharp selective debridement with scissors, scalpel and forceps), open wound (er, fibrin, devitalized epidermis and/or dermis, exudate, debris, biofilm), including topical application(s), wound assessment, use of a whirlpool, when performed and instruction(s) for ongoing care, per session, total wound(s) surface area; first 20 sq cm or less.) CPT Code 94667 (Manipulation chest wall, such as cupping, percussing, and vibration to facilitate lung function; initial demonstration and/or evaluation) Are applied towards the patients benefits depending upon the type of provider who performs it - which contradicts the above mentioned statement made by Blue Cross Blue Shield (Benefits and limits are based on the type of service that is rendered; not on the provider who is rendering them). Why are certain services applied by services, while others are applied by provider? Who makes this decision? Section Three titled “Covered Services” of your Certificate of Coverage includes provisions that state the following: (Please refer to enclosed copy of Anthem Blue Cross Blue Shield appeal decision dated Add date of 1st level appeal decision letter): Appeals Department Blue Cross Blue Shield RE: Add patients name Page 2 of 3 Our payments for Covered Services will be limited by any applicable Copayment, Deductible, or annual or lifetime maximum. Please check your Summary of Benefits for Deductibles, Copayments, Coinsurance, maximums, and limitation that apply: Chiropractic Care We provide benefits for chiropractic care. See the ‘Manipulative Therapy’ provision for additional information. Please see your summary of benefits for limits that apply. Manipulative Therapy We provide benefits for treating acute musculoskeletal disorders. No benefits are provided for ancillary treatment such as massage therapy, heat, and electro-stimulation unless in conjunction with an active course of treatment. Benefits are not provided for Maintenance Therapy for chronic conditions. Please see your summary of benefits for limits that apply. Physical and Occupational Therapy We provide benefits for short term physical and occupational therapy on an Outpatient basis for conditions that are subject to significant improvement. Benefits are subject to a combined Calendar Year limit as described on your summary of benefits. Services are covered only when provided by a licensed Professional acting within the scope of his/her license. According to Blue Choice Summary of Benefits Add patients name has Chiropractic Care/ Manipulative Therapy combined limit of 40 visits per calendar year. Which she has a co-pay of add amount. Your appeal letter states that add patients name summary of benefits state that physical manipulations performed by a network provider are covered at 100% of the maximum allowance after the add amount copayment. The summary of benefits does not state physical manipulations, it states Chiropractic Care/Manipulative Therapy combined limit of 40 visits per calendar year. As outlined above under Manipulative Therapy ancillary treatment: Date of Service Add date of service claim# Add claim number CPT code 97032 – application of a modality to one or more areas; electrical stimulation CPT code 97010 application of a modality to one or more areas hot or cold packs, CPT code 97012 – mechanical traction These are covered under Manipulative Therapy when in conjunction with an active course of treatment, which falls under Chiropractic Care/Manipulative Therapy as stated in the summary of benefits. These procedures are being applied towards the patients benefits based on the CPT codebook section and subsection, (please refer to enclosed copy of page 356, 357, and 359 from the AMA 2011 CPT current procedural terminology standard edition book) not as outlined in Instructions for Use of the CPT Codebook “It is important to recognize that the listing of a service or procedure and its code number in a specific section of this book does not restrict its Appeals Department Blue Cross Blue Shield RE: Add patients name Page 3 of 3 use to a specific specialty group. Any procedure or service in any section of this book may be used to designate the services rendered by any qualified physician or other qualified health care professional.” (please refer to the enclosed copy of page xiv from the AMA 2011 CPT current procedural terminology standard edition book) According to Maine Statutes Title 24-A Maine Insurance Code Chapter 33: Health Insurance Contracts §2748. Coverage for chiropractic services 1. Therapeutic, adjustive and manipulative services. It states: Notwithstanding any other provisions of this chapter, every insurer which issues health care contracts providing coverage for the services of a “physician” or “doctor” to residents of this State shall provide coverage to any subscriber or other person covered under those contracts for those services when performed by a chiropractor, to the extent that the services are within the lawful scope of practice of a chiropractor licensed to practice in this State. Therapeutic, adjustive and manipulative services shall be covered whether performed by an allopathic, osteopathic or chiropractor doctor.(copy enclosed) You will notice that Maine Statutes Title 32: Professions and Occupations Chapter 9: Chiropractors subchapter 1: General Provisions §451. Definitions 1. Chiropractic under paragraph 3. Chiropractic methodologies “Chiropractic methodologies” utilized for the identification or correction of subluxation and the accompanying physiological or mechanical abnormalities include diagnostic, therapeutic, adjustive or manipulative techniques utilized within the chiropractic profession, excluding prescriptive medication or surgery. (copy enclosed) As deemed by the Members Certificate of Coverage, Summary of Benefits, Maine Statutes 24-A, Maine Statute 32 and the outline of Instructions for use of the CPT codebook, these services where not processed appropriately, and needs to be reprocessed accordingly. We expect these services to be reprocessed and applied correctly. If you have any questions you may contact me Monday through Thursday from 8:00am to 5:00pm Sincerely Add your name and title CC: Add patients name Maine Bureau of Insurance