Text: HSB00165                          Text: HSB00167
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 166

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  514C.14  CONTINUITY OF CARE –
  1  2 PREGNANCY.
  1  3    1.  Except as provided under subsection 2 or 3, a carrier,
  1  4 as defined in section 513B.2, an organized delivery system,
  1  5 authorized under 1993 Iowa Acts, chapter 158, or a plan
  1  6 established pursuant to chapter 509A for public employees,
  1  7 which terminates its contract with a participating health care
  1  8 provider, shall continue to provide coverage under the
  1  9 contract to a covered person in the second or third trimester
  1 10 of pregnancy for continued care from such health care
  1 11 provider.  Such persons may continue to receive such treatment
  1 12 or care through postpartum care related to the child birth and
  1 13 delivery.  Payment for covered benefits and benefit levels
  1 14 shall be according to the terms and conditions of the
  1 15 contract.
  1 16    2.  A covered person who makes an involuntary change in
  1 17 health plans may request that the new health plan cover the
  1 18 services of the covered person's physician specialist who is
  1 19 not a participating health care provider under the new health
  1 20 plan, if the covered person is in the second or third
  1 21 trimester of pregnancy.  Continuation of such coverage shall
  1 22 continue through postpartum care related to the child birth
  1 23 and delivery.  Payment for covered benefits and benefit level
  1 24 shall be according to the terms and conditions of the new
  1 25 health plan contract.
  1 26    3.  A carrier, organized delivery system, or plan
  1 27 established under chapter 509A, which terminates the contract
  1 28 of a participating health care provider for cause shall not be
  1 29 liable to pay for health care services provided by the health
  1 30 care provider to a covered person following the date of
  1 31 termination.
  1 32    Sec. 2.  NEW SECTION.  514C.15  TREATMENT OPTIONS.
  1 33    A carrier, as defined in section 513B.2; an organized
  1 34 delivery system authorized under 1993 Iowa Acts, chapter 158,
  1 35 and licensed by the director of public health; or a plan
  2  1 established pursuant to chapter 509A for public employees,
  2  2 shall not prohibit a participating provider from, or penalize
  2  3 a participating provider for, doing either of the following:
  2  4    1.  Discussing treatment options with a covered individual,
  2  5 notwithstanding the carrier's, organized delivery system's, or
  2  6 plan's position on such treatment option.
  2  7    2.  Advocating on behalf of a covered individual within a
  2  8 review or grievance process established by the carrier,
  2  9 organized delivery system, or chapter 509A plan, or
  2 10 established by a person contracting with the carrier,
  2 11 organized delivery system, or chapter 509A plan.
  2 12    Sec. 3.  NEW SECTION.  514C.16  EMERGENCY ROOM SERVICES.
  2 13    1.  A carrier, as defined in section 513B.2; an organized
  2 14 delivery system authorized under 1993 Iowa Acts, chapter 158,
  2 15 and licensed by the director of public health; or a plan
  2 16 established pursuant to chapter 509A for public employees,
  2 17 which provides coverage for emergency services, is responsible
  2 18 for charges for medically necessary emergency services
  2 19 provided to a covered individual, including services furnished
  2 20 outside any contractual provider network or preferred provider
  2 21 network.  Coverage for emergency services is subject to the
  2 22 terms and conditions of the health benefit plan or contract.
  2 23    2.  Prior authorization for emergency services shall not be
  2 24 required.  All services necessary to evaluate and stabilize
  2 25 the covered individual shall be considered covered emergency
  2 26 services.
  2 27    3.  For purposes of this section, unless the context
  2 28 otherwise requires:
  2 29    a.  "Emergency medical condition" means a medical
  2 30 condition, the onset of which is sudden, that manifests itself
  2 31 by symptoms of sufficient severity, including but not limited
  2 32 to severe pain, that an ordinarily prudent person, possessing
  2 33 average knowledge of medicine and health, could reasonably
  2 34 expect the absence of immediate medical attention to result in
  2 35 one of the following:
  3  1    (1)  Placing the health of the individual, or with respect
  3  2 to a pregnant woman, the health of the woman or her unborn
  3  3 child, in serious jeopardy.
  3  4    (2)  Serious impairment to bodily function.
  3  5    (3)  Serious dysfunction of a bodily organ or part.
  3  6    b.  "Emergency services" means covered inpatient and
  3  7 outpatient health care services that are furnished by a health
  3  8 care provider who is qualified to provide the services that
  3  9 are needed to evaluate or stabilize an emergency medical
  3 10 condition.
  3 11    Sec. 4.  NEW SECTION.  514F.4  UTILIZATION REVIEW
  3 12 REQUIREMENTS.
  3 13    1.  A third-party payor which provides health benefits to a
  3 14 covered individual residing in this state shall not conduct
  3 15 utilization review, either directly or indirectly, under a
  3 16 contract with a third-party who does not meet the requirements
  3 17 established for accreditation by the utilization review
  3 18 accreditation commission, national committee on quality
  3 19 assurance, or another national accreditation entity recognized
  3 20 and approved by the commissioner.
  3 21    2.  This section does not apply to any utilization review
  3 22 performed solely under contract with the federal government
  3 23 for review of patients eligible for services under any of the
  3 24 following:
  3 25    a.  Title XVIII of the federal Social Security Act.
  3 26    b.  The civilian health and medical program of the
  3 27 uniformed services.
  3 28    c.  Any other federal employee health benefit plan.
  3 29    3.  For purposes of this section, unless the context
  3 30 otherwise requires:
  3 31    a.  "Third-party payor" means:
  3 32    (1)  An insurer subject to chapter 509 or 514A.
  3 33    (2)  A health service corporation subject to chapter 514.
  3 34    (3)  A health maintenance organization subject to chapter
  3 35 514B.
  4  1    (4)  A preferred provider arrangement.
  4  2    (5)  A multiple employer welfare arrangement.
  4  3    (6)  A third-party administrator.
  4  4    (7)  A fraternal benefit society.
  4  5    (8)  A plan established pursuant to chapter 509A for public
  4  6 employees.
  4  7    (9)  Any other benefit program providing payment,
  4  8 reimbursement, or indemnification for health care costs for an
  4  9 enrollee or an enrollee's eligible dependents.
  4 10    b.  "Utilization review" means a program or process by
  4 11 which an evaluation is made of the necessity, appropriateness,
  4 12 and efficiency of the use of health care services, procedures,
  4 13 or facilities given or proposed to be given to an individual
  4 14 within this state.  Such evaluation does not apply to requests
  4 15 by an individual or provider for a clarification, guarantee,
  4 16 or statement of an individual's health insurance coverage or
  4 17 benefits provided under a health insurance policy, nor to
  4 18 claims adjudication.  Unless it is specifically stated,
  4 19 verification of benefits, preauthorization, or a prospective
  4 20 or concurrent utilization review program or process shall not
  4 21 be construed as a guarantee or statement of insurance coverage
  4 22 or benefits for any individual under a health insurance
  4 23 policy.
  4 24    Sec. 5.  NEW SECTION. 514J.1  LEGISLATIVE INTENT.
  4 25    It is the intent of the general assembly to provide a
  4 26 mechanism for the appeal of a denial of coverage based on
  4 27 medical necessity.
  4 28    Sec. 6.  NEW SECTION.  514J.2  DEFINITIONS.
  4 29    1.  "Carrier" means an entity subject to the insurance laws
  4 30 and regulations of this state, or subject to the jurisdiction
  4 31 of the commissioner, performing utilization review, including
  4 32 an insurance company offering sickness and accident plans, a
  4 33 health maintenance organization, a nonprofit health service
  4 34 corporation, a plan established pursuant to chapter 509A for
  4 35 public employees, or any other entity providing a plan of
  5  1 health insurance, health care benefits, or health care
  5  2 services.
  5  3    2.  "Commissioner" means the commissioner of insurance.
  5  4    3.  "Coverage decision" means a final adverse decision
  5  5 based on medical necessity.  This definition does not include
  5  6 a denial of coverage for a service or treatment specifically
  5  7 listed in plan or evidence of coverage documents as excluded
  5  8 from coverage.
  5  9    4.  "Enrollee" means an individual, or an eligible
  5 10 dependent, who receives health care benefits coverage through
  5 11 a carrier or organized delivery system.
  5 12    5.  "Independent review entity" means a reviewer or entity,
  5 13 certified by the commissioner pursuant to section 514J.6.
  5 14    6.  "Organized delivery system" means an organized delivery
  5 15 system authorized under 1993 Iowa Acts, chapter 158, and
  5 16 licensed by the director of public health, and performing
  5 17 utilization review.
  5 18    Sec. 7.  NEW SECTION.  514J.3  EXCLUSIONS.
  5 19    This chapter does not apply to a hospital confinement
  5 20 indemnity, credit, dental, vision, long-term care, disability
  5 21 income insurance coverage, coverage issued as a supplement to
  5 22 liability insurance, workers compensation or similar
  5 23 insurance, or automobile medical payment insurance.
  5 24    Sec. 8.  NEW SECTION.  514J.4  EXTERNAL REVIEW REQUEST.
  5 25    1.  At the time of a coverage decision, the carrier or
  5 26 organized delivery system shall notify the enrollee of the
  5 27 right to have the coverage decision reviewed under the
  5 28 external review process.
  5 29    2.  The enrollee, or the enrollee's treating health care
  5 30 provider acting on behalf of the enrollee, may file a written
  5 31 request for external review of the coverage decision with the
  5 32 commissioner.  The request must be filed within sixty days of
  5 33 the receipt of the coverage decision.
  5 34    3.  The request for external review must be accompanied by
  5 35 a twenty-five dollar filing fee.  The commissioner may waive
  6  1 the filing fee for good cause.  The filing fee shall be
  6  2 refunded if the enrollee prevails in the external review
  6  3 process.
  6  4    Sec. 9.  NEW SECTION.  514J.5  ELIGIBILITY.
  6  5    1.  The commissioner shall have two business days from
  6  6 receipt of a request for an external review to certify the
  6  7 request.  The commissioner shall certify the request if the
  6  8 following criteria are satisfied:
  6  9    a.  The enrollee was covered by the carrier or organized
  6 10 delivery system at the time the service or treatment was
  6 11 proposed.
  6 12    b.  The enrollee has been denied coverage based on a
  6 13 determination by the carrier or organized delivery system that
  6 14 the proposed service or treatment does not meet the definition
  6 15 of medical necessity as defined in the enrollee's evidence of
  6 16 coverage.
  6 17    c.  The enrollee, or the enrollee's treating health care
  6 18 provider acting on behalf of the enrollee, has exhausted all
  6 19 internal appeal mechanisms provided under the carrier's or the
  6 20 organized delivery system's contract.
  6 21    d.  The written request for external review was filed
  6 22 within sixty days of receipt of the coverage decision.
  6 23    2.  The commissioner shall notify the enrollee, or the
  6 24 enrollee's treating health care provider acting on behalf of
  6 25 the enrollee, and the carrier or organized delivery system in
  6 26 writing of the decision.
  6 27    3.  The carrier or organized delivery system has three days
  6 28 to contest the eligibility of the request for external review
  6 29 with the commissioner.  If the commissioner finds that the
  6 30 request for external review is not eligible for full review,
  6 31 the commissioner shall notify the enrollee, or the enrollee's
  6 32 treating health care provider acting on behalf of the
  6 33 enrollee, in writing of the reasons that the request for
  6 34 external review is not eligible for full review.
  6 35    Sec. 10.  NEW SECTION.  514J.6  INDEPENDENT REVIEW
  7  1 ENTITIES.
  7  2    1.  The commissioner shall solicit names of independent
  7  3 review entities from carriers, organized delivery systems, and
  7  4 medical professional associations.
  7  5    2.  Independent review entities include both of the
  7  6 following:
  7  7    a.  Medical peer review organizations.
  7  8    b.  Nationally recognized health experts or institutions.
  7  9    3.  The commissioner shall certify independent review
  7 10 entities to conduct external reviews.  An individual who
  7 11 conducts an external review as or as part of a certified
  7 12 independent review entity shall be a health care professional
  7 13 and satisfy both of the following requirements:
  7 14    a.  Hold a current unrestricted license to practice
  7 15 medicine or a health profession in the United States.  A
  7 16 health care professional who is a physician shall also hold a
  7 17 current certification by a recognized American medical
  7 18 specialty board.
  7 19    b.  Have no history of disciplinary actions or sanctions,
  7 20 including, but not limited to, the loss of staff privileges or
  7 21 any participation restriction taken or pending by any hospital
  7 22 or state or federal government regulatory agency.
  7 23    4.  Each independent review entity shall have a quality
  7 24 assurance program on file with the commissioner that ensures
  7 25 the timeliness and quality of the reviews, the qualifications
  7 26 and independence of the experts, and the confidentiality of
  7 27 medical records and review materials.
  7 28    5.  The commissioner shall certify independent review
  7 29 entities every two years.
  7 30    Sec. 11.  NEW SECTION.  514J.7  EXTERNAL REVIEW.
  7 31    The external review process shall meet the following
  7 32 criteria:
  7 33    1.  The carrier or organized delivery system, within three
  7 34 business days of a receipt of an eligible request for an
  7 35 external review from the commissioner, shall do all of the
  8  1 following:
  8  2    a.  Select an independent review entity from the list
  8  3 certified by the commissioner.  The independent review entity
  8  4 shall be an expert in the treatment of the medical condition
  8  5 under review.  The independent review entity shall not be a
  8  6 subsidiary of, or owned or controlled by the carrier or
  8  7 organized delivery system, or owned or controlled by a trade
  8  8 association of carriers or organized delivery systems of which
  8  9 the carrier or organized delivery system is a member.
  8 10    b.  Notify the enrollee, and the enrollee's treating
  8 11 physician, of the name, address, and phone number of the
  8 12 independent review entity and of the enrollee's and treating
  8 13 physician's right to submit additional information.
  8 14    c.  Provide any information submitted to the carrier or
  8 15 organized delivery system by the enrollee or the enrollee's
  8 16 treating health care provider in support of the request for
  8 17 coverage of a service or treatment under the carrier's or
  8 18 organized delivery system's appeal procedures.
  8 19    d.  Provide any other relevant documents used by the
  8 20 carrier or organized delivery system in determining whether
  8 21 the proposed service or treatment should have been provided.
  8 22    2.  The enrollee, or the enrollee's treating health care
  8 23 provider, may provide any information submitted in support of
  8 24 the internal review, and other newly discovered relevant
  8 25 information.  The enrollee shall have ten days from the
  8 26 mailing date of the notification of the independent review
  8 27 entity's selection to provide this information.  Failure to
  8 28 provide the information within ten days shall be ground for
  8 29 rejection of consideration of the information by the
  8 30 independent review entity.
  8 31    3.  The independent review entity shall notify the enrollee
  8 32 and the enrollee's treating health care provider of any
  8 33 additional medical information required to conduct the review
  8 34 within five business days of receipt of the documentation
  8 35 required under subsection 1.  The requested information shall
  9  1 be submitted within five days.  Failure to provide the
  9  2 information shall be ground for rejection of consideration of
  9  3 the information by the independent review entity.  The carrier
  9  4 or organized delivery system shall be notified of this
  9  5 request.
  9  6    4.  The independent review entity shall submit its decision
  9  7 as soon as possible, but not more than thirty days from the
  9  8 independent review entity's receipt of the request for review.
  9  9 The decision shall be mailed to the enrollee, or the treating
  9 10 health care provider acting on behalf of the enrollee, and the
  9 11 carrier or organized delivery system.
  9 12    5.  The confidentiality of any medical records submitted
  9 13 shall be maintained pursuant to applicable state and federal
  9 14 laws.
  9 15    Sec. 12.  NEW SECTION.  514J.8  EXPEDITED REVIEW.
  9 16    An expedited review shall be conducted within seventy-two
  9 17 hours if the enrollee's treating health care provider states
  9 18 that delay would pose an imminent or serious threat to the
  9 19 enrollee.
  9 20    Sec. 13.  NEW SECTION.  514J.9  FUNDING.
  9 21    All reasonable fees and costs of the independent review
  9 22 entity in conducting an external review shall be paid by the
  9 23 carrier or organized delivery system.
  9 24    Sec. 14.  NEW SECTION.  514J.10  REPORTING.
  9 25    Each carrier and organized delivery system shall file an
  9 26 annual report with the commissioner containing all of the
  9 27 following:
  9 28    1.  The number of external reviews requested.
  9 29    2.  The number of the external reviews certified by the
  9 30 commissioner.
  9 31    3.  The number of coverage decisions which were upheld by
  9 32 an independent review entity.
  9 33    The commissioner shall prepare a report by January 31 of
  9 34 each year.
  9 35    Sec. 15.  NEW SECTION.  514J.11  IMMUNITY.
 10  1    An independent review entity conducting a review under this
 10  2 chapter is not liable for damages arising from determinations
 10  3 made under the review process.  This does not apply to any act
 10  4 or omission by the independent review entity made in bad faith
 10  5 or involving gross negligence.
 10  6    Sec. 16.  NEW SECTION.  514J.12  STANDARD OF REVIEW.
 10  7    The standard of review to be used by an independent review
 10  8 entity shall be whether the health care service or treatment
 10  9 denied by the carrier or organized delivery system was
 10 10 medically necessary as defined by the enrollee's evidence of
 10 11 coverage subject to Iowa law.  The independent review entity
 10 12 shall take into consideration factors identified in the review
 10 13 record that impact the delivery of or describe the standard of
 10 14 care for the medical service or treatment under review.  The
 10 15 medical service or treatment recommended by the enrollee's
 10 16 treating health care provider shall be upheld upon review so
 10 17 long as it is found to be medically necessary.
 10 18    Sec. 17.  NEW SECTION.  514J.13  EFFECT OF EXTERNAL REVIEW
 10 19 DECISION.
 10 20    The review decision by the independent review entity
 10 21 conducting the review is binding upon the carrier or organized
 10 22 delivery system.  The enrollee or the enrollee's treating
 10 23 health care provider acting on behalf of the enrollee may
 10 24 appeal the review decision by the independent review entity
 10 25 conducting the review by filing a petition for judicial review
 10 26 either in Polk county district court or in the district court
 10 27 in the county in which the enrollee resides.  The findings of
 10 28 fact by the independent review entity conducting the review
 10 29 are conclusive and binding on appeal and in any subsequent
 10 30 proceeding or action involving the same facts.
 10 31    Sec. 18.  NEW SECTION.  514J.14  RULES.
 10 32    The commissioner shall adopt rules pursuant to chapter 17A
 10 33 as are necessary to administer this chapter.  
 10 34                           EXPLANATION
 10 35    This bill creates several new Code sections and a new Code
 11  1 chapter relating to the provision of and evaluation of health
 11  2 care services provided to covered individuals in this state.
 11  3    The bill creates new Code section 514C.14 which provides
 11  4 for continuation of coverage by a carrier, organized delivery
 11  5 system, or plan established pursuant to chapter 509A for
 11  6 public employees, of costs associated with a health care
 11  7 provider providing continued care to a covered person who is
 11  8 in the second or third trimester of pregnancy.  Such coverage
 11  9 is to continue through postpartum care if the carrier,
 11 10 organized delivery system, or plan terminates its contract
 11 11 with the health care provider.  The section also provides that
 11 12 a covered person who makes a change in health plans
 11 13 involuntarily may request that the new health plan cover
 11 14 services of the covered person's physician specialist who is
 11 15 not a participating health care provider under the new health
 11 16 plan, if the covered person is in the second or third
 11 17 trimester of pregnancy.  Such coverage shall continue through
 11 18 postpartum care related to the child birth and delivery.  A
 11 19 carrier, organized delivery system, or chapter 509A plan which
 11 20 terminates the contract of a participating health care
 11 21 provider for cause is not liable for health care services
 11 22 provided to a covered person following the date of
 11 23 termination.
 11 24    New Code section 514C.15 is created and provides that a
 11 25 carrier or an organized delivery system, or a plan established
 11 26 pursuant to chapter 509A for public employees, shall not
 11 27 prohibit a participating provider from, or penalize a
 11 28 participating provider for, discussing treatment options with
 11 29 a covered individual, notwithstanding the carrier's, organized
 11 30 delivery system's, or plan's position on such treatment
 11 31 option; or advocating on behalf of a covered individual within
 11 32 a review or grievance process established by the carrier,
 11 33 organized delivery system, or chapter 509A plan, or
 11 34 established by a person contracting with the carrier,
 11 35 organized delivery system, or chapter 509A plan.
 12  1    New Code section 514C.16 is created and provides that a
 12  2 carrier, an organized delivery system, or a plan established
 12  3 pursuant to chapter 509A for public employees, which provides
 12  4 coverage for emergency services, is responsible for charges
 12  5 for medically necessary emergency services provided to a
 12  6 covered individual, including services furnished outside the
 12  7 network.  Coverage for emergency services is subject to the
 12  8 terms and conditions of the health care benefit plan or
 12  9 contract.  The bill provides that prior authorization for
 12 10 emergency services shall not be required and that all services
 12 11 necessary to evaluate and stabilize the covered individual
 12 12 shall be considered covered emergency services.
 12 13    New Code section 514F.4 is created and provides that a
 12 14 third-party payor which provides health care benefits to a
 12 15 covered individual residing in this state shall not conduct
 12 16 utilization review, either directly or indirectly, under a
 12 17 contract with a third-party who does not meet the requirements
 12 18 established for accreditation by the utilization review
 12 19 accreditation commission, national committee on quality
 12 20 assurance, or another national accreditation entity recognized
 12 21 and approved by the commissioner.  The bill provides that new
 12 22 Code section 514F.4 does not apply to any utilization review
 12 23 performed solely under contract with the federal government
 12 24 for review of patients eligible for services under Title XVIII
 12 25 of the federal Social Security Act, the civilian health and
 12 26 medical program of the uniformed services, or any other
 12 27 federal employee health benefit plan.
 12 28    The bill creates new Code chapter 514J relating to the
 12 29 appeal by an individual receiving health care coverage who is
 12 30 denied covered health care services or treatment.
 12 31    New Code section 514J.1 states the intent of the general
 12 32 assembly to provide a mechanism for the appeal of a denial of
 12 33 coverage based on medical necessity.
 12 34    New Code section 514J.2 establishes definitions for key
 12 35 terms used in the chapter.
 13  1    New Code section 514J.3 provides that the chapter does not
 13  2 apply to a hospital confinement indemnity, credit, dental
 13  3 vision, long-term care, disability income insurance coverage,
 13  4 coverage issued as a supplement to liability insurance,
 13  5 workers compensation or similar insurance, or automobile
 13  6 medical payment insurance.
 13  7    New Code section 514J.4 provides that an enrollee or the
 13  8 enrollee's treating health care provider may file a written
 13  9 request for external review of a denial of coverage.  The
 13 10 request must be filed within 60 days of the receipt of the
 13 11 denial of coverage.  A $25 filing fee is provided for, which
 13 12 may be waived by the commissioner for good cause.  The filing
 13 13 fee is to be refunded to the enrollee if the enrollee prevails
 13 14 in the external review process.
 13 15    New Code section 514J.5 establishes eligibility
 13 16 requirements for the certification of the external review
 13 17 request.  The bill provides that the commissioner shall have
 13 18 two business days from receipt of the request for external
 13 19 review to certify the request.  The commissioner must certify
 13 20 the request if the enrollee was covered by the carrier or
 13 21 organized delivery system at the time the service or treatment
 13 22 was proposed, the enrollee has been denied coverage based on a
 13 23 determination that the proposed service or treatment does not
 13 24 meet the definition of medical necessity as defined in the
 13 25 enrollee's evidence of coverage, the enrollee or the
 13 26 enrollee's treatment provider has exhausted all internal
 13 27 appeal mechanisms, and the written request for external review
 13 28 was filed within 60 days of receipt of the coverage denial.
 13 29    New Code section 514J.6 provides that independent review
 13 30 entities include medical peer review organizations and
 13 31 nationally recognized health experts or institutions as
 13 32 certified by the commissioner.
 13 33    New Code section 514J.7 establishes an external review
 13 34 process.  The bill provides that the carrier or organized
 13 35 delivery system, within three business days of receipt of an
 14  1 eligible request for external review, shall select an
 14  2 independent review entity from the list certified by the
 14  3 commissioner, notify the enrollee and the enrollee's treatment
 14  4 provider of the independent review entity and of the
 14  5 enrollee's and the enrollee's treatment provider's right to
 14  6 submit additional information, provide any information
 14  7 submitted to the carrier or organized delivery system by the
 14  8 enrollee or the enrollee's treating health care provider in
 14  9 support of the request for coverage of a service or treatment;
 14 10 and provide any other relevant documents used by the carrier
 14 11 or organized delivery system in determining whether the
 14 12 proposed service or treatment should have been provided.  The
 14 13 independent review entity is to submit its decision as soon as
 14 14 possible.
 14 15    New Code section 514J.8 provides for an expedited review to
 14 16 be conducted within 72 hours if the enrollee's treating health
 14 17 care provider states that delay would pose an imminent or
 14 18 serious threat to the enrollee.
 14 19    New Code section 514J.9 provides that all reasonable fees
 14 20 and costs of the independent review entity are to be paid by
 14 21 the carrier or organized delivery system.
 14 22    New Code section 514J.10 directs each carrier and organized
 14 23 delivery system to file with the commissioner an annual report
 14 24 including the number of external reviews requested, the number
 14 25 of external review requests certified by the commissioner, and
 14 26 the number of coverage decisions which were upheld by an
 14 27 independent review entity.
 14 28    New Code section 514J.11 provides that an independent
 14 29 review entity is not liable for damages arising from a
 14 30 determination under the review process unless the entity acted
 14 31 in bad faith or the determination involved gross negligence.
 14 32    New Code section 514J.12 provides that the standard of
 14 33 review to be used by an independent review entity is whether
 14 34 the health care service or treatment denied by the carrier or
 14 35 organized delivery system was medically necessary as evidenced
 15  1 by the enrollee's evidence of coverage.
 15  2    New Code section 514J.13 establishes the effect of the
 15  3 external review decision.  The bill provides that the review
 15  4 decision by the independent review entity conducting the
 15  5 review is binding upon the carrier and the organized delivery
 15  6 system and that the findings of fact by the independent review
 15  7 entity are conclusive and binding on appeal and in any
 15  8 subsequent proceeding or action involving the same facts.  The
 15  9 bill provides that the enrollee or the enrollee's treating
 15 10 health care provider may appeal the independent review
 15 11 entity's decision in Polk county district court or the
 15 12 district court in the county in which the enrollee resides.
 15 13    New Code section 514J.14 directs the commissioner to adopt
 15 14 rules necessary to implement new Code chapter 514J.  
 15 15 LSB 2426YC 78
 15 16 mj/jw/5
     

Text: HSB00165                          Text: HSB00167
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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