LD 631
pg. 2
Page 1 of 9 An Act to Establish a Patient's Bill of Rights Page 3 of 9
Download Bill Text
LR 140
Item 1

 
5.__Independent external review of coverage decisions.__An
enrollee who has exhausted all internal grievance and appeal
procedures provided by a carrier offering a health plan in this
State has the right to an independent external review of a health
plan's decision to deny, reduce or terminate health care coverage
or to deny payment for health care services.__The independent
external review must be conducted in accordance with the
following.

 
A.__The decision to be reviewed must require the health plan
to incur at least $100 in expenditures and the health plan's
decision must have been based on one of the following
reasons.

 
(1)__The health care service is a covered benefit that
the carrier has determined to be not medically
necessary.

 
(2)__A limitation is placed on the selection of a
health care provider that is claimed by the enrollee to
be inconsistent with limits imposed by the health plan
and any applicable laws and rules.

 
(3)__The health care treatment has been determined to
be experimental or investigational.

 
(4)__The health care service involves a medically based
decision that a condition is preexisting.

 
B.__The independent external review must be requested in
writing by the affected enrollee and the enrollee must pay a
filing fee of not more than $50 that reflects the
administrative costs of processing a request for review
under this subsection.__The filing fee may be waived or
reduced based on a determination by the superintendent that
the financial circumstances of the enrollee warrant a waiver
or reduction.

 
C.__Enrollees may use outside assistance during the review
process and submit evidence relating to the health care
service.

 
D.__Independent external reviews must be conducted by
independent review organizations pursuant to a contract with
the bureau.__The reviewers must be health care providers
credentialed with respect to the health care service under
review and have no conflict of interest relating to the
performance of their duties under this subsection.

 
E.__The independent review organization shall issue a written
review decision based on the evidence presented to the health
plan and the enrollee.__The decision


Page 1 of 9 Top of Page Page 3 of 9