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Dispute & Appeal Process:
State exceptions to filing standard

In the absence of an exception below, Aetna's 180-day dispute filing standard will apply. The exceptions below apply to requests regarding members covered under fully insured plans only.

State Abbrv. Exception Applies To Time Allowed to File an Initial Claim Payment Dispute
Arizona AZ All providers -- participating and nonparticipating 1 year
California HMO CA All providers -- participating and nonparticipating, when the request relates to an HMO member and the date of service is on/after 1-1-04 365 days
California Traditional CA All providers -- participating and nonparticipating, when the request relates to a traditional member and the appeal is received on/after 6/29/09 180 days
Colorado CO All providers -- participating and nonparticipating 12 months
Florida FL All participating or nonparticipating licensed physicians or physician assistants (or practitioners licensed under FL Ch. 458), osteopathic physicians, chiropractors, podiatrists or dentists 12 months (does not apply to facilities)
Georgia GA All providers -- participating and nonparticipating 12 months from date of claim payment
Indiana IN All providers -- participating and nonparticipating, effective with claims paid on or after 7/1/06 2 years (from claim payment date)
Kentucky KY participating providers only 2 years
Maryland MD All providers -- participating and nonparticipating 365 days
New Jersey NJ All providers treating fully-insured NJ contracted members and submitting their dispute using the "Health Care Provider Application to Appeal a Claims Determination Form" will be eligible for review by New Jersey’s Program for Independent Claims Payment Arbitration (PICPA). 90 calendar days from the notice of the disputed claim determination
New Jersey NJ No health care provider treating fully-insured NJ contracted members shall seek reimbursement from a payer or covered person for underpayment of a claim later than 18 months from the date the first payment on the claim was made. After 90 calendar days from the notice of the disputed claim determination the provider shall not be eligible for PICPA (see above). 18 months from the date the first payment of a claim was made
North Carolina NC All providers -- participating and nonparticipating 2 years from the original claim payment
Ohio OH All providers -- participating and nonparticipating 2 years
Oklahoma OK All providers -- participating and nonparticipating 2 years
Oregon OR All providers -- participating and nonparticipating providers 24 months from the claim denial or payment date, upon written requests (or 30 months if COB issues)
Rhode Island RI All providers -- participating and nonparticipating 2 years
Tennessee TN All providers -- participating and nonparticipating 18 months
Utah UT All providers -- participating and nonparticipating 24 months if the improper payment was due to a coordination of benefits error.

36 months if the improper payment was due to a recovery by Medicaid, Medicare, the Children's Health Insurance program or any other state or federal health care program.

12 months if the improper payment was due to any other reason.
Washington WA All listed providers -- participating and nonparticipating, effective 1/1/06 24 months from the claim denial or payment date, upon written requests (or 30 months if COB issues)


State Abbrv. Exception Applies To Time Allowed to File & Pursue a Dispute
Texas TX All participating providers and nonparticipating providers who are paid on a participating basis (examples include an emergency situation, a network inadequacy issue, a nonparticipating provider who is pre-approved by Aetna or a hospital-based physician who is a nonparticipating provider but provides services at a participating facility)

4 years for claims and non-claims issues -- (complaints are handled as appeals in TX)

TAC 21.2809

A preferred provider that received an underpayment in relation to an audit must notify Aetna within 180 days per Tx law to qualify to receive a penalty for the underpaid amount.