[§334B-3]  Standards for review agents.  (a)  A review agent who approves or denies payment, or who recommends approval or denial of payment for mental health, alcohol, or drug abuse treatment services, or whose review results in approval or denial of payment for these services on a case by case basis, shall conduct utilization review or managed care in this State subject to administrative rules developed by the director.

     (b)  The director shall establish a complaint resolution panel which shall review any complaints about review agents to determine the facts and establish whether the standards are being followed.  If the panel finds consistent violation of the standards, a fiscal penalty may be imposed on the review agent.

     (c)  The director shall adopt rules pursuant to chapter 91 necessary for the purposes of this chapter.  No later than one year after January 1, 1992, the director shall adopt rules establishing:

     (1)  A requirement that the review agent provide patients and providers with its utilization review or managed care plan including the specific review criteria and standards, procedures and methods to be used in evaluating proposed or delivered mental health, alcohol, or drug abuse treatment services;

     (2)  A requirement that no determination adverse to a patient or to any affected health care provider shall be made on any question relating to the necessity or justification for any form of mental health, alcohol, or drug abuse treatment services without prior evaluation and concurrence in the adverse determination by another professional with comparable qualifications in a timely manner;

     (3)  A requirement that a denial of third-party reimbursement or a denial of prior authorization for that service shall include the written evaluation, findings, and concurrence of a professional with comparable qualifications in the relevant specialty or sub-specialty to make a final determination that care rendered or to be rendered was, is, or may be inappropriate;

     (4)  Provisions by which patients, mental health, alcohol, or drug abuse treatment providers may seek prompt reconsideration by or appeal to the complaint resolution panel of adverse decisions by the review agent;

     (5)  A requirement that a review agent obtain permission from both the patient and the attending professional prior to attending a treatment session;

     (6)  A requirement that a representative of the review agent is reasonably accessible to patients, the patient's family, and providers at least five days a week during normal business hours and that payment may not be denied solely because the review agent is not available;

     (7)  Policies and procedures to ensure that all applicable state and federal laws protecting the confidentiality of individual medical records are followed;

     (8)  Policies and procedures to ensure that the amount or type of information requested by any system of managed care or utilization review be minimal, be pertinent to the needs of providing appropriate utilization review or managed care services, and shall not violate patient rights and confidentiality;

     (9)  A requirement that the referring professional be informed prior to the decision for a denial of treatment benefits; provided that, once the adverse determination has been made, this decision shall be communicated in a timely [manner] to all affected parties;

    (10)  A prohibition of a contract provision between or among any combination of the review agent, the provider, a business entity, or third-party payor that may constitute a conflict of interest;

    (11)  A requirement that an orderly process be established for the timely and impartial internal resolution of problems prior to the use of the complaint process; and

    (12)  The process by which complaints shall be handled by the complaint resolution panel.

     (d)  Nothing in this process shall be deemed to deprive a patient or mental health, alcohol, or drug abuse treatment provider of any other cause of action available under state law. [L 1991, c 95, pt of §1]

Revision Note

  "January 1, 1992" substituted for "the effective date of this chapter".