Is this Really a CMS Violation?

SirLurkAlot

Expert
59
First, I have been in the business 15+ years and have NEVER had any complaints or violations alleged against me because I am diligent about being thorough and ALWAYS put client interests first.

I am very upset at what has transpired and can't believe it is a CMS violation so I am seeking other opinions.

I faxed a Healthspring MAPD application taken on 11/22/14 and it was received by the company on 11/23. On 12/2, I received a notice of a timeliness violation stating that I committed a violation because the application was "received more than 3 days after signature date."

I immediately looked into the situation and determined I had inadvertently written 11/12 instead of 11/22 in the agent area of the application for the date the application was received. Both the Scope & application dates signed by the client were 11/22/14- I had just mis-wrote my date.

I responded to Healthspring on 12/3 with the following:

"In response to the accompanying email, I attest that the application for (MEMBER) was executed on November 22, 2014 as indicated by her signature date on both the application and Scope of Appointment, which was required due to a request to discuss Healthspring. I inadvertently listed 11-12-14 in the receipt date in the agent section but all other dates reflect the correct 11-22-14 date which would make the application submission timely.

(MEMBER) is a long time client of mine and our meetings are always on Saturdays so her children can attend. Two of her children in attendance were XXX (Phone #) and XXX (Phone #) that will also attest to the 11-22-14 meeting date.

I have included a copy of the allegation email & copies of my calendar pages.

Please let me know if you have any questions or need anything additional.

Thanks!"


Today, I received notice that it is indeed a violation, now on my record, I have to do something, submit remediation forms, etc. Interestingly, the letter acts like the sales manager, who signed the letter, had discussed this with me but she hasn't. I got the original violation, responded and assumed "No problem" until today. Awww, the old ASSUMED.

So, Ye' Old Wise Ones of the forum, is this truly a CMS violation? Do I have any re-course to get this reversed\removed\etc.

Thanks in advance!
 
No violation other than fat fingering a date. Morons at the plan. Keep at it and make the resolve the case. They have to report all violations, YOU DON'T WANT THAT|!!!
 
UPDATE: Just spoke to the Sales Manager and she said she immediately appealed for me because it was apparent what happened but the appeal was denied. It doesn't sound like they even took my original response into consideration.

She said it is now offically a CMS violation and I have no other re-course. (Side note: I have no problem with the manager. I think she truly agreed and fought for me but I wish my original response to the allegation would have been considered.)

Also, thank goodness they emailed me because the certified letter sent 5 days earlier was sent to an address that I haven't been at in 17+ years so I would have never received that. FYI, yes they have my correct address and have not had a problem getting mail from them- except for the most important piece of mail they have ever sent to me.
 
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UPDATE: Just spoke to the Sales Manager and she said she immediately appealed for me because it was apparent what happened but the appeal was denied. It doesn't sound like they even took my original response into consideration. She said it is now offically a CMS violation and I have no other re-course. (Side note: I have no problem with the manager. I think she truly agreed and fought for me but I wish my original response to the allegation would have been considered.) Also, thank goodness they emailed me because the certified letter sent 5 days earlier was sent to an address that I haven't been at in 17+ years so I would have never received that. FYI, yes they have my correct address and have not had a problem getting mail from them- except for the most important piece of mail they have ever sent to me. Yes, I am pissed, especially since I found out it is execs in the ivory tower of Healthspring making the CMS violation call- not CMS. Guess I shouldn't be surprised considering this is the company that added minimum new sales requirements annually to retain renewal commissions. :1mad:

It's reading stuff like this that makes me never want to enter the MAPD field...
 
For the sake of your professional record, I'd find out who at CMS to work through, what channel to push this through, and fight it until it was a dead issue to my satisfaction. This could hurt your ability to certify with other plans or this plan for next year. Getting renewals next year from them is probably not going to happen anyway with this on their file for you. File a complaint if you have to.
 
I'm not ready to that far, but it does make me feel better about not re-certifying with only one carrier for 2015: this one.

I agree have seen health springs come up like decent plan in a couple area's
and wanted to contract with them before AEP

the FMO messed up and didn't get it done before January

But since then I've heard nothing but negative thing from policy minimum requirements to bad customer service

but most of all I've seen the come up near the top for drug cov only to find out they are not paying commission for part D

Just everything I have seen about them in last 3 months has been negative
For the few policies I would have written a year it not worth it.

I bet dealing with customer service issues with them probably a nightmare
 
Too bad you didn't mention Healthspring in the title. Might have picked up some eyeballs that MIGHT have fixed the issue.
 
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