Appeal type: unknown
Decision: unknown

Citations used in this letter come from Section 42 of the Code of Federal Regulations which you will find abbreviated as 42 CFR with the corresponding section numbers, i.e., 42 CFR Sections 423.578, 423.100.  Medicare rules set forth the requirements and limitations for payments by and on behalf of low-income Medicare beneficiaries who enroll in a Part D Plan. In general, an individual that meets requirements under Medicare?s low income subsidy (LIS) rules is entitled to a reduction or elimination in the premium, a reduction or elimination in the annual deductible, a reduction in cost-sharing for all covered Part D drugs below the out-of-pocket limit, and a reduction or elimination in cost-sharing for covered Part D drugs above the out-of-pocket limit. The extent of reduction in these benefits depends on an individual?s income and resources. Determinations of eligibility for subsidies are made either by the State (if the individual applies with the Medicaid agency) or by the Social Security Administration (if the individual applies with that agency). 42 CFR ?423.771 to 42 CFR ?423.782.  According to enrollment records from the Centers for Medicare & Medicaid Services (CMS), you were determined to be entitled to a low-income subsidy (LIS), copay level 2, effective January 1, 2020 through December 31, 2020. For copay level 2, there is no deductible and an enrollee is required to pay $1.30 and $3.90 in 2020.  An enrollee in a Part D plan may be subject to annual deductibles, coinsurance, and copayments (including tiered copayments) specified by the plan. 42 CFR ?423.104.  If a plan sponsor does not have all of the information it needs to make a decision, the plan sponsor should make reasonable and diligent efforts to obtain the missing information within the standard timeframe for making a decision and notifying the enrollee of the decision (i.e., within 72 hours after receiving the request or physician's or other prescriber's supporting statement). When a plan sponsor could acquire missing information, such as a National Drug Code (NDC) number, by contacting the enrollee's pharmacist, physician, or other prescriber, it should do so instead of relying on the enrollee to provide the information. Prescription Drug Benefit Manual, Chapter 18, ?30.3.2.  Occasionally, a plan sponsor will have enough information to determine that a reimbursement request is payable, but not enough to determine the exact amount. When this situation occurs, the plan sponsor could issue a favorable decision within the 72-hour timeframe (the plan sponsor is not required to say how much the payment will be in its notice to the enrollee), and utilize the remainder of the 30-day payment period described in ??40.2 and 130.1 of this chapter to determine how much the enrollee should be reimbursed and make payment. If a plan sponsor chooses to send the payment within the 30-day timeframe after notifying the enrollee of the favorable decision within the 72-hour timeframe, the initial notice to the enrollee must include the following information: 1) the plan sponsor is approving the request; 2) payment will be sent within 30 days after the request was received; 3) if the enrollee does not agree with the amount received, he or she can request an appeal with the plan sponsor; and 4) briefly explain that the member may not receive the entire amount he or she paid out-of-pocket because certain items (e.g., co-payment amounts) are not reimbursable, and include a brief summary of items that are generally subtracted. Prescription Drug Benefit Manual, Chapter 18, ?30.3.2.  The Part D Plan contract states that Medicare provides extra help to pay prescription drug costs forpeople who have limited income and resources. If you qualify you will get help paying for any Medicaredrug Plan's prescription copayments. Please refer to the Plan's Evidence of Coverage.