Sometimes you may need a prescription drug that is not covered on Kaiser Permanente’s formulary (list of covered drugs). If you request a prescription for a non-formulary drug, and your Kaiser Permanente provider does not give you the prescription, then you may request review through the non-formulary exception review process. You or your Kaiser Permanente provider may submit the request to us with information as to why the non-formulary drug is medically necessary so that we may review your request.
To submit a non-formulary exception request to Kaiser Permanente, please contact Member Services. You must submit medical information supporting your request in order for us to complete our review. For most requests (standard requests), we will respond within 72 hours, but when exigent circumstances exist (i.e., your life, health or ability to regain maximum function would be seriously jeopardized without the non-formulary drug, or when you are already taking the non-formulary drug), then we will expedite your review request and respond to your request within 24 hours after our receipt of the request. If we grant your request, we will cover the non-formulary drug for the duration of the prescription, including refills. If exigent circumstances exist, we will cover the non-formulary drug for the duration of the exigent circumstance.
If after our review of your non-formulary drug exception request, you feel that we have denied your request for the non-formulary drug incorrectly, you may ask us to submit the case for external review. This external review may be requested by you, your authorized representative or the prescribing provider by following the instructions for an Independent External Review below.
An independent review organization will review your external review request within 72 hours, or 24 hours for exigent circumstances. If the external review results in your non-formulary drug being approved, we will cover it for the either duration of the exigent circumstances or the duration of the prescription, as applicable.
A member may file for an Independent External Appeal with the State Corporation Commission’s Bureau of Insurance
- If all of the Health Plan’s Appeal procedures described above have been exhausted; or
- If the Member’s Adverse Decision involves cancer treatment or a medical condition where the timeframe for completion of an expedited internal appeal of an Adverse Decision would seriously jeopardize the life or health of the Member or would jeopardize the Member’s ability to regain maximum function; or
- If the Member requested an Expedited Appeal and Health Plan determined that the standard appeal timeframes should apply; or
- When an Expedited Appeal is reviewed and is denied.
A member may request an expedited emergency review prior to exhausting our internal Appeal process if:
- An Adverse Decision that was based on a determination that services are experimental/investigational may be expedited with written certification by the treating physician that services would be less effective if not initiated promptly;
- The Health Plan fails to render a standard internal appeal determination within thirty (30) or sixty (60) days and you, your Authorized Representative or Health Care provider has not requested or agreed to a delay; or
- The Health Plan waives the exhaustion requirement.
An expedited emergency review for denials due to medical necessity, appropriateness, healthcare setting, level of care, or effectiveness may be requested simultaneously with an expedited internal review. The Independent Review Organization will review and determine if an internal appeal should be completed prior to expedited emergency review. The forms and instructions for filing an emergency review are provided to the Member along with the notice of a final Adverse Decision. To file an Appeal with the Bureau it must be filed in writing within one-hundred twenty (120) days from the date of receipt of your Health Plan decision letter using the forms required by the Bureau. The request is mailed to the following address:
Virginia State Corporation Commission Bureau of Insurance
Life and Health Consumer Services Division
P. O. Box 1157 Richmond, VA
23218 804-371-9691 (Phone) 804-671-9944 (Fax)
www.scc.virginia.gov (Website)
The decision resulting from the external review will be binding on both the member and Health Plan to the same extent to which we would have been bound by a judgment entered in an action of law or in equity, with respect to those issues which the external review entity may review regarding a final Adverse Decision of Health Plan.