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H0228aa.........................................................by BUSINESS MANAGED CARE - Amends existing law to provide that no managed care organization shall require prior authorization for emergency services; to provide for emergency services provided to a member who is unable to reasonably reach a participating provider; to provide for medically necessary covered services that are not reasonably available through participating health care providers or are provided by a nonparticipating provider; and to provide for reimbursement for services provided by a nonparticipating provider. 02/14 House intro - 1st rdg - to printing 02/15 Rpt prt - to Bus 03/06 Rpt out - to Gen Ord 03/14 Rpt out amen - to engros 03/15 Rpt engros - 1st rdg - to 2nd rdg as amen 03/16 To Gen Ord 03/21 Ret'd to Bus
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 228 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO MANAGED CARE REFORM ACT; AMENDING SECTION 41-3930, IDAHO 3 CODE, TO PROVIDE THAT NO MANAGED CARE ORGANIZATION SHALL REQUIRE PRIOR 4 AUTHORIZATION FOR EMERGENCY SERVICES, TO PROVIDE FOR EMERGENCY SERVICES 5 PROVIDED TO A MEMBER WHO IS UNABLE TO REASONABLY REACH A PARTICIPATING 6 PROVIDER, TO PROVIDE FOR MEDICALLY NECESSARY COVERED SERVICES THAT ARE NOT 7 REASONABLY AVAILABLE THROUGH PARTICIPATING HEALTH CARE PROVIDERS OR ARE 8 PROVIDED BY A NONPARTICIPATING PROVIDER, TO PROVIDE FOR REIMBURSEMENT FOR 9 SERVICES PROVIDED BY A NONPARTICIPATING PROVIDER AND TO PROVIDE PROCE- 10 DURES; AND DECLARING AN EMERGENCY. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 41-3930, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 41-3930. UTILIZATION MANAGEMENT PROGRAM REQUIREMENTS. (1) All managed 15 care organizations performing utilization management or contracting with third 16 parties for the performance of utilization management shall: 17 (a) Adopt utilization management criteria based on sound patient care and 18 scientific principles developed in cooperation with licensed physicians 19 and other providers as deemed appropriate by the managed care organiza- 20 tion. Such criteria shall be sufficiently flexible to allow deviations 21 from norms when justified on a case-by-case basis; 22 (b) Adopt procedures for a timely review by a licensed physician, peer 23 provider or peer review panel when a claim has been denied as not medi- 24 cally necessary or as experimental. The procedure shall provide for a 25 written statement of the reasons the service was denied and transmittal of 26 that information to the appropriate provider for inclusion in the member's 27 permanent medical record; 28 (c) Upon enrollment, require members to provide written authorization for 29 the release of medical information to the managed care organization; 30 (d) Adopt procedures which protect the confidentiality of patient health 31 records. Such procedures may permit a managed care organization to record 32 a telephone conversation in the course of requesting patient medical 33 information only if it complies with existing state and federal laws and 34 the other party to the conversation is notified by voice message that he 35 is being recorded. Upon written request and within a reasonable time, a 36 copy of such recordings shall be provided to the other party to the con- 37 versation if the recorded conversation becomes an issue in a formal griev- 38 ance procedure, and the other party agrees to reimburse the managed care 39 organization for reasonable costs associated with providing the requested 40 copy. 41 (2) (a)If emergency services are offered, nNo managed care organization 42 shall require prior authorization for emergency services. Emergency ser- 43 vices provided to a member who is unable to reasonably reach a participat- 2 1 ing provider shall be covered as if provided by a participating provider 2 until the member can reasonably be expected to transfer to a participating 3 provider. 4 (b)In addition, aA managed care organization shall respond to member or 5 provider requests for prior authorization of a nonemergency service within 6 two (2) business days after complete member medical information is pro- 7 vided to the managed care organization unless exceptional circumstances 8 warrant a longer period to evaluate a request. Medically necessary covered 9 services that are not reasonably available through participating health 10 care providers or are provided by a nonparticipating provider to provide 11 continuity of care during brief transition periods shall be covered as if 12 provided by a participating provider until the member can reasonably be 13 expected to transfer to a participating provider. Qualified medical per- 14 sonnel shall be available during normal business hours for telephone 15 responses to inquiries about medical necessity, including certification of 16 continued length of stay. 17 (c) Reimbursement for services provided by a nonparticipating provider 18 that are required to be covered as though provided by a participating pro- 19 vider shall be based upon the usual, customary and reasonable charge for 20 such services in the managed care organization's service area or upon an 21 amount agreed to by the provider and the managed care organization. The 22 managed care organization may adopt procedures to allow for a timely noti- 23 fication to a member or the member's representative for the transition of 24 medical care to participating providers following the stabilization of the 25 presenting medical condition and the availability of a qualified partici- 26 pating provider. 27 (3) When prior approval for a covered service is required of and obtained 28 by or on behalf of a member, the approval shall be final and may not be 29 rescinded by the managed care organization after the covered service has been 30 provided except in cases of fraud, misrepresentation, nonpayment of premium, 31 exhaustion of benefits or if the member for whom the prior approval was 32 granted is not enrolled at the time the covered service was provided. 33 SECTION 2. An emergency existing therefor, which emergency is hereby 34 declared to exist, this act shall be in full force and effect on and after its 35 passage and approval.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001Moved by Deal Seconded by Henbest IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 228 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, delete lines 42 and 43; on page 2, delete 3 lines 1 through 3, and insert: "shall require prior authorization for emer- 4 gency services. All medically necessary covered emergency services provided 5 to a member who is unable to reasonably reach a participating provider shall 6 be reimbursed by the managed care organization to the patient at a level as if 7 the covered services were provided by a participating provider until the mem- 8 ber can reasonably be expected to transfer to a participating provider."; 9 delete lines 8 through 13, and insert: "warrant a longer period to evaluate a 10 request. All medically necessary covered services that are provided by a non- 11 participating provider to provide continuity of care during a brief transition 12 period from emergency services shall be reimbursed by the managed care organi- 13 zation to the patient at a level as if the covered service was provided by a 14 participating provider until the member can reasonably be expected to transfer 15 to a participating provider. Qualified medical per-"; and delete lines 17 16 through 26. 17 CORRECTIONS TO TITLE 18 On page 1, in line 8, delete "," and insert: "AND"; in line 9, delete "AND 19 TO PROVIDE PROCE-"; and in line 10, delete "DURES".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 228, As Amended BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO MANAGED CARE REFORM ACT; AMENDING SECTION 41-3930, IDAHO 3 CODE, TO PROVIDE THAT NO MANAGED CARE ORGANIZATION SHALL REQUIRE PRIOR 4 AUTHORIZATION FOR EMERGENCY SERVICES, TO PROVIDE FOR EMERGENCY SERVICES 5 PROVIDED TO A MEMBER WHO IS UNABLE TO REASONABLY REACH A PARTICIPATING 6 PROVIDER, TO PROVIDE FOR MEDICALLY NECESSARY COVERED SERVICES THAT ARE NOT 7 REASONABLY AVAILABLE THROUGH PARTICIPATING HEALTH CARE PROVIDERS OR ARE 8 PROVIDED BY A NONPARTICIPATING PROVIDER AND TO PROVIDE FOR REIMBURSEMENT 9 FOR SERVICES PROVIDED BY A NONPARTICIPATING PROVIDER; AND DECLARING AN 10 EMERGENCY. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 41-3930, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 41-3930. UTILIZATION MANAGEMENT PROGRAM REQUIREMENTS. (1) All managed 15 care organizations performing utilization management or contracting with third 16 parties for the performance of utilization management shall: 17 (a) Adopt utilization management criteria based on sound patient care and 18 scientific principles developed in cooperation with licensed physicians 19 and other providers as deemed appropriate by the managed care organiza- 20 tion. Such criteria shall be sufficiently flexible to allow deviations 21 from norms when justified on a case-by-case basis; 22 (b) Adopt procedures for a timely review by a licensed physician, peer 23 provider or peer review panel when a claim has been denied as not medi- 24 cally necessary or as experimental. The procedure shall provide for a 25 written statement of the reasons the service was denied and transmittal of 26 that information to the appropriate provider for inclusion in the member's 27 permanent medical record; 28 (c) Upon enrollment, require members to provide written authorization for 29 the release of medical information to the managed care organization; 30 (d) Adopt procedures which protect the confidentiality of patient health 31 records. Such procedures may permit a managed care organization to record 32 a telephone conversation in the course of requesting patient medical 33 information only if it complies with existing state and federal laws and 34 the other party to the conversation is notified by voice message that he 35 is being recorded. Upon written request and within a reasonable time, a 36 copy of such recordings shall be provided to the other party to the con- 37 versation if the recorded conversation becomes an issue in a formal griev- 38 ance procedure, and the other party agrees to reimburse the managed care 39 organization for reasonable costs associated with providing the requested 40 copy. 41 (2) (a)If emergency services are offered, nNo managed care organization 42 shall require prior authorization for emergency services. All medically 43 necessary covered emergency services provided to a member who is unable to 2 1 reasonably reach a participating provider shall be reimbursed by the man- 2 aged care organization to the patient at a level as if the covered ser- 3 vices were provided by a participating provider until the member can rea- 4 sonably be expected to transfer to a participating provider. 5 (b)In addition, aA managed care organization shall respond to member or 6 provider requests for prior authorization of a nonemergency service within 7 two (2) business days after complete member medical information is pro- 8 vided to the managed care organization unless exceptional circumstances 9 warrant a longer period to evaluate a request. All medically necessary 10 covered services that are provided by a nonparticipating provider to pro- 11 vide continuity of care during a brief transition period from emergency 12 services shall be reimbursed by the managed care organization to the 13 patient at a level as if the covered service was provided by a participat- 14 ing provider until the member can reasonably be expected to transfer to a 15 participating provider. Qualified medical personnel shall be available 16 during normal business hours for telephone responses to inquiries about 17 medical necessity, including certification of continued length of stay. 18 (3) When prior approval for a covered service is required of and obtained 19 by or on behalf of a member, the approval shall be final and may not be 20 rescinded by the managed care organization after the covered service has been 21 provided except in cases of fraud, misrepresentation, nonpayment of premium, 22 exhaustion of benefits or if the member for whom the prior approval was 23 granted is not enrolled at the time the covered service was provided. 24 SECTION 2. An emergency existing therefor, which emergency is hereby 25 declared to exist, this act shall be in full force and effect on and after its 26 passage and approval.
STATEMENT OF PURPOSE RS 10914 The purpose of this legislation is to clarify the responsibilities of managed care plans and their members with respect to emergency health care services and health care services obtained from a nonparticipating health care provider due to the unavailability of a participating provider. If a participating provider is not reasonably available, the managed care organization will be required to cover services rendered by a nonparticipating provider as though a participating provider rendered the services. If a managed care organization is required to reimburse a nonparticipating provider under this section, the reimbursement obligation will be limited to the usual, customary, and reasonable charge for such services in the managed care organization's service area, or such other amount as agreed to between the managed care organization and the provider. FISCAL IMPACT There will be no fiscal impact to the general fund. CONTACT: Rep. W.W. "Bill" Deal (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 228