I am writing to formally request a Level 1 reconsideration of the adverse coverage determination issued in the Explanation of Benefits dated [EOB DATE] for the emergency department visit on [DATE OF SERVICE] at [FACILITY NAME], claim number [CLAIM NUMBER]. The denial cites that the visit was "not medically necessary" and assigns financial responsibility of $[AMOUNT] to me as the beneficiary. This determination is inconsistent with the prudent layperson standard codified at 32 C.F.R. § 199.4(g)(13), and I respectfully request that the claim be paid in full.
Factual basis. On [DATE OF SERVICE], I presented to [FACILITY NAME] with [CHIEF COMPLAINT — e.g., severe substernal chest pain radiating to the left arm, with shortness of breath and diaphoresis]. The triage nurse documented these symptoms and assigned an Emergency Severity Index of [ESI LEVEL]. The treating physician ordered [WORKUP — e.g., 12-lead ECG, troponin, chest X-ray, D-dimer] to rule out acute coronary syndrome and pulmonary embolism. The final discharge diagnosis was [DIAGNOSIS], but the workup necessary to reach that diagnosis is precisely the workup the prudent layperson standard contemplates.
Legal basis — prudent layperson standard. Under 32 C.F.R. § 199.4(g)(13), an emergency medical condition is one that "manifests itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in" placing the patient's health in serious jeopardy or causing serious impairment of bodily functions. Chest pain with associated cardiopulmonary symptoms unambiguously meets this threshold. The federal Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. § 1395dd, and CMS guidance both reinforce that the standard is evaluated at the time of presentation, based on the symptoms experienced — not retrospectively against the final diagnosis.
Relief requested. I respectfully request that the reconsideration reviewer (1) reverse the adverse coverage determination; (2) approve the claim for payment at the in-network rate; and (3) issue a corrected EOB reflecting zero patient financial responsibility for the emergency-department charges. I have attached the EOB and the emergency-department discharge summary for your review.
If additional information would assist in resolving this matter, please contact me at [PHONE] or [EMAIL].