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Medical Necessity in Private Health Plans

Appendix A. Selected Published Literature on Medical Necessity (Sorted by Year)

Year Author Title Source Summary/Abstract
1992 Eddy, David Clinical Decision Making: From Theory to Practice. Applying Cost Effectiveness Analysis, the Inside Story JAMA 268(18): 25752582 An account of how analysis of cost-effectiveness was used to change practice guidelines on high and low osmolar radiographic contrast agents at Kaiser. Difficulties with analysis and buy-in are discussed. The general logistics of the analysis itself are described, as are the lines of thought behind each step of the analysis.
1992 Hall, Mark, and Gerard Anderson Models of Rationing: Health Insurers' Assessment of Medical Necessity University of Pennsylvania Law Review 140 U Pa.L.Rev. 1637 EXCERPTS:
... Tishna, I was told, had virtually no chance of surviving the relapsed Wilms' tumor [of the kidney] from which she is suffering and Blue Cross/Blue Shield had denied coverage for autologous bone marrow transplant ("ABMT") with accompanying high dose chemotherapy, a treatment which could well prolong and quite possibly save her life and which, concededly, provided her only realistic hope of either. ... In about a dozen similar cases, however, judges have ruled that the use of ABMT is still experimental and denied coverage. ... From a legal perspective, however, these rulings are merely the latest in a long series of ordinary contract disputes over the interpretation of terms such as "medical necessity" or "experimental," which determine the coverage of health insurance policies. ... In addition to this humanitarian objective, the courts have been concerned about the perceived unfairness of a retroactive denial of coverage after a patient has relied on his physician's advice and incurred a bill for treatment later found by the insurer to be inappropriate. ... An assessment that a technology is "experimental" at one time must be modified if additional research or clinical findings validate (or repudiate) its effectiveness....
1993 Anderson, G. F., and M. A. Hall Medical Technology Assessment and Practice Guidelines: Their Day in Court American Journal of Public Health 83:1635-1639 There is the expectation that outcomes research and the promulgation of medical practice guidelines will be able to identify and hopefully reduce the amount of unnecessary or inappropriate medical care through a variety of methods, including utilization review. However, the courts for multifarious reasons have frequently overturned past efforts by public and private insurers to deny claims on the basis of formal technology assessments or practice guidelines. This paper examines the court's reluctance to accept a variety of technology assessment methods in coverage policy decisions. The paper reviews the options that have been proposed to restrict judicial involvement in the formulation of coverage policy and then proposes a new option that employs a more precise taxonomy of medical practice assessment.
1994 Sabin, James E., and Norman Daniels Determining "Medical Necessity" in Mental Health Practice Hastings Center Report 24(6):5-13 The authors posed the question, "Should mental health insurance cover only disorders found in DSM-IV, or should it be extended to treatment for ordinary shyness, unhappiness, and other responses to life's hard knocks?" Through the use of six illustrative case studies, the authors examined the reasoning behind the determinations of medical necessity. The article includes a discussion of a recurrent conflict between "hard-line" and "expansive" views of medical necessity, noting that it frequently reflects unrecognized moral disagreement about the targets of clinical intervention and the ultimate goals of psychiatric treatment. The authors present three models for defining medical necessity and argue a defensible rationale for the "normal" model, which comprises a target of a medically defined deviation intended to decrease the impact of disease or disability. Three tests of medical necessity are offered: (1) Does it make distinctions the public and clinicians regard as fair? (2) Can it be administered in the real world? (3) Does it lead to results that society can afford? In the authors' view, a typical medical necessity definition in the "normal" model would be "those mental health services which are essential for the treatment of a Member's mental health disorder as defined by the DSM-IV in accordance with generally accepted mental health practice." The authors conclude that the DSM-IV standard provides workable boundaries for medical necessity definitions to the extent that they are the result of a highly public process open to scientific scrutiny, field testing, and repetitive criticism over time.
1994 Eddy, David M. From Theory to Practice: Rationing Resources While Improving Quality: How to Get More for Less JAMA 272(10) EXCERPT: "[...] when determining the appropriate use of an intervention, we will need to change our way of thinking from qualitative reasoning to quantitative reasoning. To a great extent, the predicament we face today is the result of qualitative reasoning that assumes that if a practice might have any benefit it should be done-the "criterion of potential benefit." Because this type of reasoning does not try to determine the amount of value a practice provides-separating those with high value from those with small value-it has left us with the large inefficiencies that we see in our practices today. To take advantage of these inefficiencies, we will have to develop better skills for quantitative reasoning. It is no coincidence that every example in this article was studded with numbers; it is not possible to determine how much benefit will be gained or how much cost will be saved by a transfer without estimating the benefits or the costs.

"[...] we will need to change from focusing on individuals to focusing on populations-from "individual-based" decision making to "population-based" decision making. In particular, practitioners need to develop an allegiance to the entire membership of the health plan. This will be difficult for those who see themselves as serving as their patients' advocate in a struggle with administrators and insurers. That perception is incorrect. When physicians hoard resources for their own patients, they are not taking from administrators or insurers; they are taking from other patients. If each practitioner is concerned only about his or her individual patient, without concern for the impact of his or her decisions on other patients, the result will not be lower costs and higher quality, but higher costs and lower quality.

"If health plans and individual practitioners are to succeed in making transfers that increase quality while reducing costs, they will need both guidance and protection. Guidance will be needed to ensure that decisions are consistent and have the desired effects. Protection will be needed to defend both plans and practitioners when they make and implement controversial decisions. The best way to address both those needs is to develop explicit criteria that will sort out high-value practices from those that have little or no value and will support transfers from one to the other. Currently, the closest we get to such criteria are through vague and variable terms such as "medically necessary" and "medically appropriate." But these are far too vague and variably interpreted. If we are to control costs while preserving quality, the first need is to develop better criteria for benefit language."
1995 Bergthold, Linda A. Medical Necessity: Do We Need It? Health Affairs 14(4): 180-190 The term medical necessity has been mainly a placeholder in insurance plans for over thirty years. More recently, the national health care reform debate and litigation over denials of costly experimental treatments have broken the term out into open discussion about what a necessary service is and who should decide if it is covered. This paper summarizes the history of the term and its evolution from an insurance concept controlled by practicing physicians to a rationing tool used by insurance administrators. How did national reform efforts address this terminology, and how should we define medical necessity in a changing delivery system?
1996 Eddy, David Clinical Decision Making: From Theory to Practice. Benefit Language: Criteria That Will Improve Quality While Reducing Costs JAMA The idea that benefit language is one of the most important determinants of the quality and cost of care is at the core of this paper. Sample language is supplied describing health intervention, medical condition, health outcomes, sufficient evidence, and cost effectiveness. It is noted that the criteria are interconnected and points to some of the shortcomings of the proposed language.
1997 Gross, Joshua M. Promoting Group Psychotherapy in Managed Care: Basic Economic Principles for the Clinical Practitioner International Journal of Group Psychotherapy 47(4):499-507 Knowledge of the basic economic factors underlying managed mental health care directly impacts the clinical practitioners' ability to make constructive changes in the system. To aid understanding this article introduces the managed care marketplace model, the interactive relationship between medical necessity and patient co-payment, and demand management economics. The author encourages practitioners to develop strategies to overcome specific economic obstacles that prevent the promotion of group psychotherapy.
1997 Hester, Thomas W. Algorithms and the Medication Treatment of People with Serious Mental Illness MASMHPD Research Institute Report The goals of this paper are to provide the reader with an understanding and rationale for the appropriate use of treatment algorithms for people with serious mental illness. It suggests effective strategies for using treatment algorithms to improve the quality of treatment and to increase the accountability of medication treatment. The paper also addresses potential dangers in developing practice guidelines and provides advice for avoiding these pitfalls. Issues related to legal matters and managed care contracting are discussed briefly.
1997 Jacobson, Peter D., Steven Asch, Peter A. Glassman, Karyn E. Model, and John B. Hernandez Defining and Implementing Medical Necessity in Washington State and Oregon Inquiry 34:143-154 This paper reports on a qualitative study of how health care providers in the states of Washington and Oregon define and implement medical necessity. Based on a series of semi-structured interviews, we found that few insurers or health care plans in our sample attempted to resolve the ambiguities inherent in defining medical necessity. More importantly, our results suggest that physicians in managed care plans were not using general definitions of medical necessity to make clinical decisions, but instead relied on utilization management techniques to guide the use of medical resources. We conclude that medical necessity as an organizing principle for clinical practice decision-making is likely to continue to erode in a managed care environment.
1997 Moran, Donald W. Federal Regulation of Managed Care: An Impulse in Search of a Theory? Health Affairs 16(6):7-21 Although there is growing demand for regulation of the managed care industry, regulatory proponents have yet to articulate a clear theory of regulation. Most observers acknowledge consumer information problems that regulation could address, but there is no consensus regarding regulation of the broader public concern about restrictive medical-necessity determinations by health plans. Concerns about these issues-which fall within the gray areas of divergent clinical opinion-may be difficult or impossible to address by explicit regulation. If policymakers forbear on regulation of medical necessity determinations, private market innovation may ultimately remedy this problem.
1998 Anderson, G. F., and M. A. Hall When Courts Review Medical Appropriateness Medical Care 36(8):1295-1302 OBJECTIVES: The authors examined how the courts have responded to public and private insurers' use of medical appropriateness criteria to establish coverage and payment policies.

METHODS: A structured review of all federal and state court health insurance cases decided between 1960 and June 1994 that involved a dispute involving medical appropriateness was performed. A total of 3,215 published court decisions were analyzed, of which 203 met the criteria of relevance and 124 explicitly mentioned medical appropriateness criteria. The main outcome variable was whether the court ordered the insurer to provide coverage.

RESULTS: In 185 cases, a definitive decision was rendered, and the insurer was required to pay in 57% of the decisions. Whether the insurer relied on an assessment or not, whether the assessment process was formal or informal, and who conducted the assessment did not appear to influence courts' decisions, nor did the specificity of the coverage exclusion. Significant predictors of courts ordering coverage were court jurisdiction, contract language assigning discretion to the insurer, severity of patient's condition, and whether the treatment appeared to work for the particular patient.

CONCLUSIONS: For practice guidelines to be accepted by the courts, it is more important to focus on how insurance contracts are written than on how medical assessments are performed.
1998 Chodoff, Paul Medical Necessity and Psychotherapy Psychiatric Services 49(11):1481-1483 Managed care and, specifically, the need to conform to medical necessity requirements have had a dramatic effect on the medical and psychiatric practice, especially on psychotherapy. The author describes the progression of the concept of medical necessity from a simple accounting of services reimbursable by insurance companies to an ambiguous term without definitional consensus. He describes its relationship to the medical model and discusses the incongruity between medical necessity and certain aspects of psychotherapy. He proposes a broader concept-health necessity-based on an evaluation of the advantages, disadvantages, and costs of medical and psychiatric services.
1998 Ford, William Medical Necessity: Its Impact in Managed Mental Health Care Psychiatric Services 49(2):183-184 Discusses the impact of managed care medical necessity definitions on psychiatric care. Points to some possible reasons why BHMOs focus on cutting short-term costs rather than managing long-term costs, including short contract terms and labor-intensive reviews.
1998 Miller, Monica Research: The Debate Over Medical Necessity in Case Law and Government/ Industry Forums Foundation for the Advancement of Innovative Medicine Report The report reviews the terms medical necessity' and medically necessary care' as they are discussed in New York case law. They contend that the judicial, contractual, and statutory developments in New York created a standard of care that was lower than the negligence standard.
1998 Mohl, Paul C. Medical Necessity: A Moving Target Psychiatric Services 49(11):1391 Letter from the editor discussing physician culpability in engendering HMOs and medical necessity definitions.
1998 The National Health Law Program Medical Necessity Definition Model Medicaid Managed Care Contract Provisions The National Health Law Program Report Provides NHeLP's model medical necessity language.
1998 Olson, Kristi The Threat of Evidence-Based Definitions of Medical Necessity The National Health Law Program Report Discusses possible consequences of using an evidence-based standard for determining medical necessity. It points to the fact that many commonly used practices will fail to meet evidence-based criteria. It also is concerned that minority groups, children, and women, who are historically limited in access to care and trials, will suffer disproportionately under evidence-based criteria.
1998 Rosenbaum, Sara, et al. Negotiating the New Health Care System: A Nationwide Study of Medicaid Managed Care Contracts Center for Health Services Research and Policy Contains compiled list and analysis of medical necessity definitions contained in state Medicaid managed care contracts.
1999 Bergthold, Linda A. Testimony to the US Senate Committee on Health, Education, Labor, and Pensions: Medical Necessity: From Theory to Practice US Senate Committee on Health, Education, Labor, and Pensions Report Policy paper discussing the problems inherent in defining the term "medical necessity." She points out that the process by which decisions are made is far more important to understand and improve than the terminology used to describe those decisions, that there is substantial variation in the way medical necessity is defined and used in private contract, and that there is considerable discrepancy between contractual definitions and the way those definitions are applied in practice. Her final recommendation is that the Senate not define the terms in statute. Rather they should appoint a broader group of stakeholders to take on the task.
1999 Berman, Steve Measuring and Improving the Quality of Care of Health Plans The Joint Commission Journal on Quality Improvement 25(8): 434-442 BACKGROUND: More than 200 health care policymakers and researchers, clinicians, quality professionals, and other representatives of managed care organizations, government, and academia attended the fifth annual Building Bridges conference, "The Health Care Puzzle: Using Research to Bridge the Gap Between Perception and Reality," in Chicago, April 11-13, 1999. Sponsored by the American Association of Health Plans and the Agency for Health Care Policy and Research-and now, the Centers for Disease Control and Prevention-these annual conferences are intended to promote research in measuring the quality and effectiveness of the services health plans provide. Selected plenary sessions from the conference are represented in this report. KEYNOTE ADDRESS: "Three worthy objectives" for managed care-harmonize practice guidelines, develop evidence-based co-pays or price structure for drugs, and demystify medical necessity-were discussed. PLENARY: A POPULATION HEALTH PERSPECTIVE: Population-based care is designed to identify effective clinical and service interventions and ensure their efficient delivery, identify ineffective interventions and minimize their use, and monitor outcomes and change practice if outcomes are sub-optimal. Yet certain questions need to be asked about how to put this strategy in place, especially, "Why should any individual or potential patient be willing to be treated in a population-based delivery system?" THE FINANCIAL AND SCIENTIFIC EVIDENCE BEHIND PREVENTION: The concepts of scientific evidence and financial evidence for prevention were reviewed and applied in scenarios of the effectiveness and cost-effectiveness of selected preventive care services. Education efforts are needed to promote the use of effective interventions and encourage questioning of interventions with unproven or less important effectiveness and poor cost-effectiveness.
1999 Corlin, Richard Statement of the AMA to the Committee on Health, Education, Labor and Pensions, United States Senate American Medical Association Formal AMA statement before the Senate addressing the issue of medical necessity. Emphasizes that the definition of medical necessity will become the standard applied to all review decisions. Health plan definitions may place barriers between patients and specialty care. They also leave most of the medical decision-making discretion with health plans as opposed to the patient's physician. Recounts 1998 AMA consensus definition of medical necessity, using a prudent physician standard. It also mentions the health plan practice of retroactive denials for rendered care, which the AMA believes should also be addressed.
1999 Hallam, K. Lawmakers Define Medical Necessity Modern Healthcare (3) Discusses federal medical necessity legislation in brief.
1999 Ireys, Henry T., Elizabeth Wehr, and Robert E. Cooke Defining Medical Necessity: Strategies for Promoting Access to Quality Care for Persons with Developmental Disabilities, Mental Retardation, and Other Special Health Care Needs National Center for Education in Maternal and Child Health Report Discusses medical necessity determinations in regards to persons with developmental disabilities. The report has a flow chart showing the dynamics of medical necessity decisions within current service systems. It also provides its own specifications for determining medical necessity.
1999 Macielak, Paul, and Monica Miller The Atomic Bomb Scare Over Defining Medical Necessity Health Lobby Letters Two letters regarding New York State's medical necessity statute. The first opposes the statute because of concerns that it leaves all medical decision-making in the hands of the physicians and eliminates the plan's abilities to conduct utilization reviews. The second letter is a rebuttal that attempts to debunk the first point-by-point.
1999 Rosenbaum, S., D. Frankford, B. Moore, and P. Borzi Who Should Determine When Health Care Is Medically Necessary? The New England Journal of Medicine 340(3):229-232 In the authors' view, an insurer should be able to set aside the recommendations of a treating physician only in restricted circumstances. Decisions about coverage should continue to be weighed against clinically accepted standards of medical practice. An insurer's decision should be lawful only if the insurer can prove that the decision rests on valid and reliable evidence that is relevant to a patient's individual circumstances. The authors advocate neither a return to total autonomy for treating physicians in determining insurance coverage nor a system in which insurers decide on coverage according to criteria that are totally independent of professional standards of clinical practice. Rather, they propose maintaining the middle position represented by current law. This middle position requires insurers to act reasonably and weighs the reasonableness of their conduct against professional standards of practice as reflected by valid and reliable evidence.
1999 Rovner, Julie Medical Necessity Takes Center Stage Business and Health (26) Discusses the general background of the current medical necessity debate in brief.
1999 Singer, Sara J., Linda A. Bergthold, Carol Vorhaus, Alain Enthoven, et al. Decreasing Variation in Medical Necessity Decision Making Stanford University Report This is an in-depth report looking into the question of medical necessity. It deals with the variation and inconsistencies of definitions that the various stakeholders have. It notes a paucity of research regarding health plan decision-making and whether medical necessity definitions play a real role in decision-making. It documents a number of conferences and original research, eventually concluding with a consensus for a model decision-making process and medical necessity definitions. It concludes by reviewing the various stakeholders, their concerns, and what actions they could take to decrease medical necessity variability.
2000 Allen, Kathryn Employers' Mental Health Benefits Remain Limited Despite New Federal Standards United States General Accounting Office Report This report examines the implementation and effects to date of the federal parity law, and focuses on: (1) employers' compliance and the changes made to their health benefit plans, (2) what is known about the costs of complying with the law, and (3) the oversight roles of HHS and DOL in enforcing the law. In brief, they found that most employers comply with the law; however, they have become more restrictive in the number of hospital days or outpatient visits covered for mental health when compared with traditional medical benefits. Few employers reported that the law has resulted in higher costs. Finally, the recent laws have expanded DOL's role in regulating health benefits.
2000 Health Insurance Association of America "Medical Necessity" and Health Plan Contracts Health Insurance Association of America Report This policy piece scripted on behalf of the HIAA highlights the problems of allowing medical necessity to be defined by physicians rather than insurers. Essentially, it argues that legislation changing the status quo would: (1) undermine utilization management and increase costs, (2) encourage fraud and abuse, (3) undermine quality and perhaps even expose patients to danger, and (4) undermine contract law. In the end they conclude that placing determination powers back squarely in the hands of providers will simply undo all the progress made in health care since its departure from widespread fee-for-service arrangements.
2000 Apgar, Kristen Reasoner Large Employer Experiences and Best Practices in Design, Administration, and Evaluation of Mental Health and Substance Abuse Benefits: A Look at Parity in Employer-Sponsored Health Benefit Programs Office of Personnel Management Report Prepared for OPM, this report described how large corporations were structuring their insurance plans in order to deal with new mental health parity legislation. It discusses a ?big picture' approach, reportedly focusing on keeping employees healthy and well in order to avoid later problems with absenteeism, disability, and lost productivity. Eight employers were studied: American Airlines, AT&T, Delta Airlines, Eastman Kodak, IBM, General Motors, the Massachusetts Group Insurance Commission, and PepsiCo. They highlight what they believe to be essential mechanisms to providing parity in care as well as identify problematic areas. The author discusses the use of managed behavioral care carve-outs. The document ends by making recommendations regarding how OPM should structure future insurance programs.
2000 Fleishman, Martin What is Psychiatric "Medical Necessity"? Psychiatric Services 51(6): 711-712, 719 This article reviews AMA's definition of medical necessity and points out problems of its application to psychiatry. It also recommends its own definition for psychiatry after a discussion of HIPAA law and possible implications for fraud in psychiatry.
2000 Ford, William Medical Necessity and Psychiatric Managed Care Psychiatric Clinics of North America 23(2):309-317 The concept of medical necessity is a provision of commercial insurance contracts and federal government Medicaid requirements that limits the payment to only those services that are essential for treating a person's sickness, injury, or condition. The concept of medical necessity is one tool used by third-party payers to contain their financial risk in a seemingly non-arbitrary manner. Also, the definitions of medical necessity used by commercial insurers or by the federal government reflect their product's or program's philosophies. Expanding commercial insurance or Medicaid psychiatric coverage would require changing those philosophies. As long as society is faced with a greater demand for health-related service than resources to meet them, such systems of rationing will be used. Even with full parity for psychiatric benefits, mechanisms will be used by payers to limit or control demand, thereby controlling financial risk. The short-term challenge for psychiatric advocates is to secure the most acceptable definitions of medical necessity from third-party payers. The long-term challenge for MH/SA advocates and for all health care advocates, is to develop a system that pays for the greatest number of quality services for the greatest number of people in need, in an affordable manner, regardless of diagnosis.
2000 AMA Private Sector Advocacy Group Medical Necessity AMA Private Advocacy Group Report This document contains the AMA model definition of medical necessity and discusses the need for providing a definition that reflects a clinical determination rather than a business determination.
2000 Hill, Hugh, Annette Hanson, and Brent O'Connell Coverage Decisions AHRQ User Liaison Program Report This report summarizes a session that evaluated the processes for making coverage decisions in private, State, and Federal venues. Highmark Blue Cross Blue Shield describes their decision-making process, built around a contractual definition of medical necessity,' which it provides. The Massachusetts Medicaid model is based on statutory definitions of medical necessity and evidence-based assessments of new interventions. HCFA is also described, drawing its authoritative powers from section 1862 of the Social Security Act. Services or technologies that fulfill the criteria of the definition are divided into 55 statutorily defined benefit categories.
2000 Landau, Morris The Difficulties in Defining Medical Necessity Health Law and Policy Institute Report This short briefing on the nature of the current difficulties in defining medical necessity concludes that a comprehensive approach that differs from third party rationing should be used in forming a decision.
2000 Sabin, James, and Norman Daniels Public-Sector Managed Behavioral Health Care: V. Redefining "Medical Necessity"-The Iowa Experience Psychiatric Services 51(4):445-459 This article discusses psychiatric problems with medical necessity definitions and expresses a need for psychosocial necessity' expansion. It reviews Iowa's experience with managed behavioral health care and prognosticates that psychiatrists will be forced to opt out of the outpatient treatment of the severely mental ill due to current BHMO policies.
2000 Satcher, David Mental Health: A Report of the Surgeon General United States Public Health Service Report This comprehensive report gives detailed background into many facets of mental health care. Chapter 6, "Organizing and Financing Mental Health Services," gives an in-depth analysis of the economic structure and costs of modern mental health care with comparisons to traditional medical health care. The document also examines the issue of mental health parity, looking at legislative trends and costs. Throughout the document, however, there is no discussion of mental health medical necessity.
2000 American Psych Systems American Psych Systems Provider Packet American Psych Systems Provider Packet This packet of materials sent to psychiatric providers contains newsletters about recent changes, a complete copy of the updated Utilization Management criteria, and a copy of policies and procedures regarding coordination of care and provider appeals. Medical necessity is defined in loose terms for each condition; however, a separate set of admission criteria also must be met prior to admitting a patient for a psychiatric condition or continuing care for a protracted period of time.
2001 National Committee for Quality Assurance Standards and Surveyor Guidelines for the Accreditation of MBHOs National Committee for Quality Assurance MBHO Handbook These are the published guidelines used by NCQA to accredit MBHOs. Definitions of medical necessity are not suggested by NCQA; the MBHOs' definitions simply must be accessible and include procedures for applying criteria based on the needs of individual patients and characteristics of the local delivery system. NCQA does define medical necessity denial and underscores the need for MBHOs to use clinical practice guidelines.
2001 Cleary, Patrick Benefit Mandates National Association of Manufacturers Letter Letter to Senator Gregg on behalf of National Association of Manufactures. The letter speaks out against S 543, the Mental Health Equitable Treatment Act of 2001. They argue that the new bill would greatly expand the parity laws of 1996 and would have many drawbacks. Costs would increase, while other benefits would be reduced to meet the bill's requirements. They argue that there are no discernable limits to the scope of potential coverage. They also voice concern over the bill's preemption provisions that would preserve State legislation and extend it to ERISA plans.
2001 Eddy, David How Evidence-Based Balance Sheets Can Help Make Decisions Kaiser Permanente Report The author discusses the use of balance sheets and evidence-based medicine for clinical decision-making. He points to their ability to summarize in one place all the critical information needed to make decisions as a great strength.
2001 Fleishman, Martin Medication Management, Medical Necessity and Residential Care Psychiatric Times XVIII:3 This article considers the difficulties of applying medical necessity definitions, including the AMA-APA definition, to the unique needs of the field of psychiatry. The term for convenience' is found to be a potential obstacle to providing psychiatric care. The paper also laments the lack of a specified role for external contributions from families, social workers, and non-professional caretakers. The article voices concern over the HIPAA alterations that make penalization of providers for medical fraud. It points to steeper fines, unclear definitions of medical necessity as its standard, and the fact that no specific intent to defraud is necessary.
2001 CCD Task Force A Strong and Consistent Definition of Medical Necessity Forms the Core of Meaningful Patient Protections Consortium for Citizens with Disabilities Report Offers a proposed CCD medical necessity definition and discusses the implications such definitions can have on the disabled. It discusses the need to fabricate protections to ensure that patients with disabilities get the care they need. They point to a need to address functional ability in any final necessity definition.
2001 Joint Commission on Accreditation of HealthCare Organizations 2001-2002 Comprehensive Accreditation Manual for HealthCare Networks Joint Commission on Accreditation of HealthCare Organizations MCO Handbook This manual lays out the various rights of the beneficiaries, response mechanisms, and ethical outlook that JCAHO evaluates in determining if an organization receives accreditation. The guidelines do not offer any standards for medical necessity definitions, but rather clearly define standards regarding the medical decision-making process and information dissemination.
2001 Havighurst, Clark Evidence: Its Meanings in Health Care and in Law. Summary of the 10 April 2000 IOM and AHRQ Workshop Journal of Health Politics, Policy, and Law 26:2 The author reviews Jacobson's presentation entitled "Cost-Effectiveness Analysis in the Courts: Recent Trends and Future Prospects." Of note, he discusses making contracts more explicit with regard to the use of CEA in coverage decisions. Havighurst mentions the possibilities of systematic misrepresentation of benefits by insurers using this technique.
2001 Regier, Darrel Statement of APA Executive Director to US Senate Health, Education, Labor, and Pensions Committee on ?Parity for Mental Health Treatment' American Psychiatry Association Report This APA report to the Senate on the need for mental health parity legislation reinforces current understandings of the scientific basis underlying the causal mechanisms of mental disorders and provides evidence that parity insurance coverage is affordable, addresses a specific market failure, and can support cost-effective treatment to reduce disability.
2001 Singer, Sara J., and Linda A. Bergthold Prospects for Improved Decision Making About Medical Necessity Health Affairs 20(1):200-206 Previous research has shown considerable variability in the process and criteria used for decision making in both public and private plans regarding medical necessity. This paper seeks to document differences in decision-making criteria and to explain the relationship between contractual definitions and the way decisions are made in practice. The investigators used descriptions of best practices' and unacceptable variations' from health plan interviews to provide insight into how medical necessity decisions are made. They also produced a model contractual definition and decision-making process based on best-practice models.
2001 Sturm, Roland The Costs of Covering Mental Health and Substance Abuse Care at the Same Level as Medical Care in Private Insurance Plans RAND Health Report Research paper delving into the issue of the cost for health insurers to implement mental health parity. Their results suggest that parity in employer-sponsored health plans is not very costly under comprehensive managed care. Also data do not support excluding substance abuse from parity efforts due to prohibitive cost, because decoupling mental health and substance abuse care in terms of benefits cannot save any meaningful amount. These results may not apply to unmanaged indemnity plans, and they may only hold for large employers but not for individuals or for small groups buying insurance.

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