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Managed Care: Recent Proposals for New Grievance and Appeals Procedures (CRS Report for Congress)

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Release Date March 1, 1999
Report Number RL30077
Report Type Report
Authors Jon O. Shimabukuro, American Law Division
Source Agency Congressional Research Service
Summary:

Because managed care is premised on notions of cost and the ability to control the utilization of health care services, many fear that decisions involving access to treatment and reimbursement are made improperly; that the cost of treatment plays an increasingly important role in the decision- making process. Concern over decision-making and treatment costs has prompted greater attention to the rights of participants to appeal denials of treatment and to file grievances about other plan decisions. Some believe that improved grievance and appeal rights would not only empower patients, but enhance access to treatment and improve the quality of care provided. Others, including the managed care industry, contend that new requirements are likely to disrupt existing appeals systems that already work well. As the 106th Congress considers enacting legislation for improved grievance and appeals procedures, it may review various recent proposals for guidance. This report will discuss the work of the President's Advisory Commission on Consumer Protection and Quality in the Health Care Industry, legislative proposals, and proposed regulations of the Department of Labor.