Overview

Nivano Physicians is committed to providing members with accessible, fair, and timely grievance and appeals processes. Our procedures comply with federal Medicare regulations, California state requirements, and industry best practices to ensure member rights are protected and concerns are resolved promptly.

This process is established in accordance with:

  • 42 CFR Part 422, Subpart M – Medicare Advantage Appeals and Grievances
  • 42 CFR Part 423, Subparts M and U – Part D Appeals and Grievances
  • 42 CFR Part 438 – Medicaid Managed Care Appeals and Grievances
  • California Knox-Keene Health Care Service Plan Act
  • California Health and Safety Code Section 1368
  • Department of Managed Health Care (DMHC) regulations

Definitions

Grievance

A grievance is any complaint or dispute expressing dissatisfaction about:

  • Quality of care or services provided
  • Aspects of interpersonal relationships such as rudeness, failure to respect privacy, or adequacy of time allocated
  • Failure to respect member rights
  • Aspects of the delivery of services, including the claims process
  • The operation of the member appeals process itself

Appeal (Organization Determination)

An appeal is a request by a member for review of an adverse benefit determination, including:

  • Denial, reduction, or termination of services
  • Denial of payment for services
  • Failure to provide services in a timely manner
  • Failure to act within required timeframes

Expedited Appeals

Expedited appeals are available when applying standard timeframes could seriously jeopardize a member’s life, health, or ability to attain, maintain, or regain maximum function.

Member Rights

All Nivano Physicians members have the right to:

Grievance Rights

  • File grievances without fear of discrimination or retaliation
  • Receive assistance in filing grievances and appeals
  • Receive written acknowledgment of grievances within required timeframes
  • Obtain information about the grievance process in multiple languages
  • Receive written resolution with explanation of findings

Appeal Rights

  • Appeal adverse benefit determinations within required timeframes
  • Request expedited appeals when standard timeframes could jeopardize health
  • Continue receiving disputed services during the appeal process (in certain circumstances)
  • Representation by healthcare providers, family members, or other advocates
  • Access to case files and relevant medical records

Grievance Process

Filing a Grievance

Timeframes for Filing

  • No time limit for filing most grievances
  • Quality of care grievances: Must be filed within 180 days of the incident
  • Service-related grievances: Should be filed within 60 days for optimal resolution

How to File

Oral Grievances (accepted for most issues):

  • Phone: (916) 407-2000 ext 83000
  • In-person: Visit any Nivano Physicians office
  • Business hours: Monday-Friday, 8:00 AM – 5:00 PM PST

Written Grievances:

  • Mail: Nivano Physicians Member Services
    2554 Millcreek Dr. Suite 100
    Sacramento, CA 95833
  • Email: quality@nivanophysicians.com
  • Online portal: Available through member login
  • Fax: (916) 471-0332

Required Information

  • Member name and identification number
  • Description of the concern with specific details
  • Dates and locations of relevant incidents
  • Names of providers or staff involved
  • Desired resolution or outcome
  • Contact information for follow-up

Grievance Resolution Process

Acknowledgment

  • Written acknowledgment within 5 business days of receipt
  • Acknowledgment includes:
    • Confirmation of grievance receipt
    • Assigned case number for tracking
    • Expected resolution timeframe
    • Contact information for questions

Investigation

  • Thorough review of all relevant information
  • Medical record review for clinical issues
  • Interview with relevant staff and providers
  • Consultation with clinical experts when appropriate
  • Review of applicable policies and procedures

Resolution

  • Standard resolution: Within 30 calendar days
  • Complex grievances: May require up to 30 additional days with member notification
  • Written resolution provided explaining:
    • Investigation findings
    • Actions taken or planned
    • Rationale for decision
    • Right to external review if applicable

Quality of Care Grievances

Special Procedures

  • Clinical review by qualified healthcare professionals
  • Medical director involvement for complex cases
  • External clinical consultation when indicated
  • Coordination with quality improvement programs

Potential Outcomes

  • Provider education and retraining
  • Process improvements and policy changes
  • Corrective action with individual providers
  • Referral to licensing boards when appropriate

Appeals Process

Medicare Advantage Appeals

Organization Determinations

Standard Appeals:

  • Filing deadline: 65 calendar days from adverse determination (updated from 60 days effective 1/1/2025)
  • Resolution timeframe: 30 calendar days
  • Extension: Up to 14 additional days if more information needed

Expedited Appeals:

  • Available when: Standard timeframe could seriously jeopardize health
  • Resolution timeframe: 72 hours
  • Physician support: Healthcare provider must support expedited request

Required Forms and Notices

  1. Notice of Denial of Medical Coverage or Payment (NDMCP)
    • Form CMS-10003-NDMCP
    • Provided with all adverse determinations
    • Includes specific reason for denial and appeal rights
  2. Notice of Medicare Non-Coverage (NOMNC)
    • Form CMS-10123-NOMNC
    • For services not covered by Medicare
    • Advance notice when possible
  3. Detailed Explanation of Non-Coverage (DENC)
    • Form CMS-10124-DENC
    • Detailed explanation of coverage decision
    • Information about appeal options

Levels of Appeal

Level 1: Organization Determination

  • Nivano Physicians internal review
  • 30 days for standard appeals
  • 72 hours for expedited appeals
  • Medical director review for clinical decisions

Level 2: Independent Review Entity (IRE)

  • External review by CMS contractor
  • 30 days for standard appeals
  • 72 hours for expedited appeals
  • Automatic forwarding if appeal upheld in member’s favor

Level 3: Administrative Law Judge (ALJ)

  • Hearing before federal ALJ
  • Amount in controversy: $180 minimum (2024)
  • 90 days to request after IRE decision
  • Evidence submission and testimony allowed

Level 4: Medicare Appeals Council

  • Review of ALJ decisions
  • 60 days to request review
  • Written submission of arguments
  • Discretionary review standard

Level 5: Federal District Court

  • Judicial review for cases over $1,810 (2024)
  • 60 days to file after Medicare Appeals Council
  • Legal representation typically required

Part D Appeals

Coverage Determinations

  • Formulary exceptions and prior authorizations
  • Tiering exceptions for preferred cost-sharing
  • Appeals of pharmacy rejections at point of sale

Exception Requests

  • Formulary exceptions: For non-covered medications
  • Tiering exceptions: For preferred tier placement
  • Prior authorization exceptions: To bypass requirements

Medi-Cal Appeals (California-Specific)

Two-Step Process

  1. Health Plan Appeal
    • 60 days to file with Nivano Physicians
    • 30 days for plan to resolve
    • Written decision with next steps
  2. State Fair Hearing
    • 120 days to request from DHCS
    • Administrative hearing with judge
    • Final state-level decision

Independent Medical Review (IMR)

For Knox-Keene licensed plans:

  • Available for medical necessity disputes
  • External physician review of clinical decisions
  • Binding decision on medical appropriateness
  • No cost to members

California Resources

DHCS Ombudsman:

DMHC Help Center:

Member Support Services

Language Services

  • Interpreter services available in all languages
  • Translated materials in threshold languages
  • TTY/TDD services for hearing impaired
  • Large print and Braille materials upon request

Advocacy and Assistance

  • Member services representatives to guide process
  • Healthcare provider assistance with filing
  • Family member representation allowed
  • Legal advocate support permitted

Continuation of Benefits

During appeals process, members may continue receiving:

  • Disputed services if appeal filed timely
  • Prescription medications under certain circumstances
  • Ongoing treatments pending resolution

Quality Assurance and Monitoring

Performance Metrics

  • Grievance resolution times tracked and reported
  • Appeal decision consistency monitored
  • Member satisfaction with process measured
  • Regulatory compliance audited regularly

Process Improvements

  • Root cause analysis of recurring issues
  • Policy updates based on outcomes
  • Staff training on new procedures
  • Technology enhancements for efficiency

Reporting Requirements

  • CMS reporting of appeals and grievances data
  • State agency reporting for Medi-Cal members
  • Board reporting on trends and outcomes
  • Quality committee review of clinical cases

Contact Information

Member Services

Phone: (916) 407-2000
Hours: Monday-Friday, 8:00 AM – 5:00 PM PST
TTY: 711
Email: customerservice@nivanophysicians.com

Appeals and Grievances Department

Mail: Nivano Physicians Appeals Department
2554 Millcreek Dr. Suite 100
Sacramento, CA 95833

Fax: (916) 471-0332
Email: quality@nivanophysicians.com

Emergency Contact

24/7 Nurse Line: (916) 407-2000
After-hours urgent appeals: customerservice@nivanophysicians.com

External Resources

Medicare:

California Department of Health Care Services:

Department of Managed Health Care:


This Grievance and Appeals Process ensures that all members have access to fair, timely, and comprehensive review of their concerns and benefit determinations.

Document Version: 1.0
Effective Date: August 7, 2025
Next Review Date: August 7, 2026