Appeals process for employer groups

Information to assist benefits administrators of employer groups when responding to employee appeals. 

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General guidance for employer level appeals

  • The employer is responsible for making all eligibility or enrollment decisions is to ensure that RCW, WAC, and PEBB policies (including those in PEBB publications) are followed. This applies to the original decision made by the employer, as well as responses to any appeals considered.
  • Outreach and Training (O&T) staff are available to offer guidance in the process or applicable RCW, WAC, or PEBB policy. However, O&T cannot make the decision for the employer.
  • An appeal is only necessary if there is a disagreement between the employer and the employee, or the employer agrees that a wrong decision or action occurred (outside of WAC 182-08-187). However, the employer's decision must align with the contract/interlocal agreement with the Health Care Authority (HCA), RCW, WAC, and PEBB policy.
  • The employer may only reverse eligibility, premium surcharge, or enrollment decisions based on circumstances that arose due to delay or errors caused by the employer per WAC 182-08-187.
  • "Days" or "calendar days" means all days including Saturdays, Sundays, and all state legal holidays as set forth in RCW 1.16.050.

What if the employer agrees with the employee that a wrong decision or action occurred?

The employer resolves the issue without continuing the appeals process. Neither the employer nor the employee should submit an appeal to the PEBB Program. Employers can correct their errors in the insurance system if the effective date of the correction falls within the lower limit period. Learn how to correct employer errors. If the effective date of the correction falls outside the lower limit period the employer must contact Outreach and Training through HCA Support to make the correction.

Where do current or former employees and their dependents appeal decisions?

  • For a decision made by an employer group regarding eligibility for PEBB benefits, enrollment, or premium surcharges, any current or former employee may submit a request for review of the decision to the employer by the process established by the employer group (WAC 182-16-2010 (2)) and described in the table below.
    • Exception: For decisions involving life, AD&D, and LTD insurances, eligibility to participate in the PEBB (SmartHealth) wellness incentive program, or eligibility to receive a PEBB wellness incentive, a current or former employee of an employer group may request a Brief Adjudicative Proceeding (BAP) by the process described in WAC 182-16-2030 and in the table below.
  • For a decision made by the PEBB program regarding PEBB eligibility for benefits, enrollment, premium payments, premium surcharges, eligibility to participate in the PEBB (SmartHealth) wellness incentive program, or eligibility to receive a PEBB wellness incentive, the current or former employee or their dependent may request a Brief Adjudicative Proceeding (BAP) by the process outlined in WAC 182-16-2030 and in the table below.
  • For a decision made by a PEBB health plan (medical, dental life, AD&D, or LTD), the employee may appeal to the individual plan following the plan's procedures. For example, the appeal may be about a claim denial, a course of treatment, or billing. Contact the plan to request information on how to appeal its decision.
  • For a decision made by the PEBB wellness incentive program contracted vendor regarding the completion of the program requirements, or a request for a reasonable alternative to a wellness incentive program requirement, an employee or their dependent may appeal by the process described in WAC 182-16-2040.

Appealing an employer's decision about eligibility for benefits, enrollment, or premium surcharges

If a current or former employee does not agree with a decision made by their employer about eligibility for benefits, enrollment, or premium surcharges and wishes to appeal, the:

Employee must... ...within the... ...and then
Submit the appeal to the employer through the process established by the employer. Timeline defined by the employer. The employer must make a decision congruent with the employer’s contract with HCA, RCW, WAC, and PEBB policy.

Requesting a Brief Adjudicative Proceeding (BAP)

A current of former employee may appeal the following types of decisions by submitting a request to the PEBB appeals unit for a BAP to be conducted by the authority as described in WAC 182-16-2030.

  • A decision made by the PEBB Program regarding eligibility, enrollment, premium payments, premium surcharges, or a PEBB wellness incentive, or
  • A decision made by a PEBB employer group regarding life, AD&D, or LTD insurance, eligibility to participate in PEBB wellness incentive program, or eligibility to receive a PEBB wellness incentive
Employee must... ...no later than... ...and then
Submit a request for a brief adjudicative proceeding that contains the information found in WAC 182-16-2070 to the PEBB Appeals Unit or submit the Benefits Appeal Request form through the online appeals portal.

The request must be received by the PEBB Appeals Unit no later than 30 days after the date of the initial denial notice for the decision the employee is appealing.

Failing to timely request a brief adjudicative proceeding will result in the prior PEBB program decision becoming the authority's final order without further action.

A Presiding Officer will generally render a written initial order within 10 days of receiving the request for a BAP.

The presiding officer must serve a copy of the initial order on all parties and the initial order must contain information on how the appellant may request review of the initial order.

The Presiding Officer may extend the 10-day time requirement for rendering a decision if a continuance is granted. The employee will be notified in writing if an extension is required.

Requesting review of an initial order upholding an employing agency decision, PEBB Program decision, or contracted vendor decision

To request further review of an initial order upholding an employing agency decision, PEBB Program decision, or a decision made by a PEBB Program contracted vendor, the:

Employee (appellant) may... ...no later than... ...and then

File a written request for review or make an oral request for review of the initial order. The request for review must be provided using the contact information included in the initial order.

21 days after the service of the initial order.

If the employee fails to request the review within 21 days, the initial order becomes the authority's final order without further action.

 Generally, within 20 days of the date of the initial order or of the date of the request for review of the initial order was received by the PEBB appeals unit (whichever is later) the review officer will issue a final order that will include a notice that reconsideration (WAC 182-16-2120) and judicial review may be available. A copy of the final order will be mailed to all parties.

Withdrawing a request for a BAP or review of initial order

The employee may withdraw a request for a BAP or review of an initial order for any reason.

Employee (appellant) may... when ...and then

Withdraw their request/review for any reason, by submitting a request in writing to the PEBB appeals unit.

 At any time

The presiding officer or officers must enter and serve a written order dismissing the BAP or review of the initial order. The appellant may not reinstate the request for a BAP or review of initial order unless time remains on their original appeal period.

See WAC 182-16 for a complete list of Appeals Practice and Procedures.

Contact

Outreach and Training
Benefits administrators contact O&T for eligibility, enrollment, or billing related questions.
Phone: 1-800-700-1555
Secure messaging: HCA Support

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