This bill mandates that Medicare Advantage plans must automatically reconsider any decision that denies coverage without requiring an enrollee request.
Mark Pocan
Representative
WI-2
This bill amends the Social Security Act to mandate that Medicare Advantage plans must automatically reconsider any determination that denies coverage. This process will occur without requiring the enrollee to submit a formal request for reconsideration. The automatic review begins immediately upon the plan's initial denial of coverage.
When you’re dealing with health issues, the last thing you need is a bureaucratic fight over whether your insurance will cover treatment. This new piece of legislation aims to cut down on that fight for the millions of people enrolled in Medicare Advantage (MA) plans.
This bill directly amends Section 1852 of the Social Security Act, which governs how Medicare Advantage plans operate. Right now, if an MA plan denies coverage for a service—say, a specific physical therapy regimen or a specialized scan—the patient generally has to request a formal reconsideration or appeal. It’s an extra step, often involving paperwork, phone calls, and navigating complex systems, which is tough enough when you're healthy, let alone when you’re sick.
Under this proposal, that hurdle disappears. The bill mandates that MA plans must now automatically reconsider every determination that denies coverage without requiring the enrollee to submit a specific request. The reconsideration process has to start the moment the plan issues the denial. Think of it like this: the plan denies your claim, and before you even hang up the phone or open the mail, the clock has started on their internal review.
This change is a big win for patients because it removes a significant administrative burden. For someone who is elderly, managing multiple chronic conditions, or struggling with the cognitive load of a serious illness, that extra step of filing an appeal can be the difference between getting necessary care and giving up. By making reconsideration automatic, the bill ensures that the appeals process is initiated for every denial, catching cases where the initial denial was simply an error or based on incomplete information.
For example, imagine a 60-year-old worker who needs a specific type of durable medical equipment to return to their job after an injury. If the MA plan denies it, under the current system, they have to actively file an appeal. Under this new rule, the plan must immediately initiate the review. This streamlines the process, potentially leading to faster approval and quicker access to the equipment they need to get back on their feet.
While this is clearly beneficial for patients, it does shift the workload directly onto the Medicare Advantage plans themselves. They will have to build new internal systems and procedures to handle this automatic review process for every single denial, which means an increased administrative workload. However, this is the cost of doing business when you’re managing public health benefits. The intent is clear: prioritize the patient’s access to care over administrative convenience.
Crucially, the bill is light on specifics regarding the timeline for this automatic reconsideration. It just says the process starts “on the date the plan makes the determination.” While the intent is to speed things up, regulators will need to define clear, short deadlines for these automatic reviews to prevent plans from simply delaying the reconsideration process, which would defeat the entire purpose of the law.