Sample Appeals Letter to Insurance Company for Lactation Consultant Coverage

(Source: NWLC NEW BENEFITS FOR BREASTFEEDING MOMS)

To Whom It May Concern:

I am enrolled in a [INSURANCE COMPANY NAME] plan, policy number [POLICY NUMBER]. I recently tried to
access lactation counseling that should be covered by my health insurance. The Patient Protection and Affordable
Care Act requires insurance coverage of breastfeeding support and supplies with no cost-sharing. However, when I
contacted [INSURANCE COMPANY NAME] about the coverage by [SPECIFY METHOD, PHONE] on [DATE], I was
told I could not get coverage of [LACTATION COUNSELING] because [SPECIFY REASON, SUCH AS NO
IN-NETWORK PROVIDERS].

Under § 1001 of the Patient Protection and Affordable Care Act (ACA), which amends § 2713 of the Public Health
Services Act, all non-grandfathered group health plans and health insurance issuers offering group or individual
coverage shall provide coverage of certain preventive services for women with no cost-sharing. The list of women’s
preventive services that must be covered in plan years starting after Aug. 1, 2012 includes “comprehensive lactation
support and counseling and costs of renting or purchasing breastfeeding equipment [] for the duration of breastfeeding”
(see attachment).

My health insurance plan is non-grandfathered and the plan year started on [PLAN YEAR DATE]. Thus, the plan must
comply with the women’s preventive services provision.

The insurance plan has not established a process for me to obtain in-network lactation counseling, as required by
federal law. Federal guidance on the preventive services clarify that, “… if a plan or issuer does not have in its network a
provider who can provide the particular service, then the plan or issuer must cover the item or service when performed
by an out-of-network provider and not impose cost-sharing with respect to the item or service.”

Since [PLAN YEAR DATE], I have spent [TOTAL AMOUNT] out-of-pocket on [LACTATION COUNSELING], despite
the fact that it should have been covered during that time. I have attached copies of receipts which document these
out-of-pocket expenses. [COMPANY NAME] must rectify this situation by reimbursing me for the out-of-pocket costs I
have incurred during the period it was not covered without cost-sharing. Furthermore, [COMPANY NAME] must ensure
breastfeeding support and supplies, including lactation counseling are covered without cost-sharing in the future by
changing any corporate policies that do not comply with the Affordable Care Act.

Sincerely,
[YOUR SIGNATURE]
Encl:
Frequently Asked Questions about the Affordable Care Act (Part XII), available online at
https://www.dol.gov/sites/default/files/ebsa/about-ebsa/our-activities/resource-center/faqs/aca-part-xii.pdf
Copies of Receipts Documenting Out-of-Pocket Costs

 

(Source: NWLC NEW BENEFITS FOR BREASTFEEDING MOMS)