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Section: 376.1363 Utilization review decisions, procedures. RSMO 376.1363


Published: 2015

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Missouri Revised Statutes













Chapter 376

Life, Health and Accident Insurance

←376.1361

Section 376.1363.1

376.1365→

August 28, 2015

Utilization review decisions, procedures.

376.1363. 1. A health carrier shall maintain written procedures for

making utilization review decisions and for notifying enrollees and

providers acting on behalf of enrollees of its decisions. For purposes of

this section, "enrollee" includes the representative of an enrollee.



2. For initial determinations, a health carrier shall make the

determination within thirty-six hours, which shall include one working day,

of obtaining all necessary information regarding a proposed admission,

procedure or service requiring a review determination. For purposes of

this section, "necessary information" includes the results of any

face-to-face clinical evaluation or second opinion that may be required:



(1) In the case of a determination to certify an admission, procedure

or service, the carrier shall notify the provider rendering the service by

telephone or electronically within twenty-four hours of making the initial

certification, and provide written or electronic confirmation of a

telephone or electronic notification to the enrollee and the provider

within two working days of making the initial certification;



(2) In the case of an adverse determination, the carrier shall notify

the provider rendering the service by telephone or electronically within

twenty-four hours of making the adverse determination; and shall provide

written or electronic confirmation of a telephone or electronic

notification to the enrollee and the provider within one working day of

making the adverse determination.



3. For concurrent review determinations, a health carrier shall make

the determination within one working day of obtaining all necessary

information:



(1) In the case of a determination to certify an extended stay or

additional services, the carrier shall notify by telephone or

electronically the provider rendering the service within one working day of

making the certification, and provide written or electronic confirmation to

the enrollee and the provider within one working day after telephone or

electronic notification. The written notification shall include the number

of extended days or next review date, the new total number of days or

services approved, and the date of admission or initiation of services;



(2) In the case of an adverse determination, the carrier shall notify

by telephone or electronically the provider rendering the service within

twenty-four hours of making the adverse determination, and provide written

or electronic notification to the enrollee and the provider within one

working day of a telephone or electronic notification. The service shall

be continued without liability to the enrollee until the enrollee has been

notified of the determination.



4. For retrospective review determinations, a health carrier shall

make the determination within thirty working days of receiving all

necessary information. A carrier shall provide notice in writing of the

carrier's determination to an enrollee within ten working days of making

the determination.



5. A written notification of an adverse determination shall include

the principal reason or reasons for the determination, the instructions for

initiating an appeal or reconsideration of the determination, and the

instructions for requesting a written statement of the clinical rationale,

including the clinical review criteria used to make the determination. A

health carrier shall provide the clinical rationale in writing for an

adverse determination, including the clinical review criteria used to make

that determination, to any party who received notice of the adverse

determination and who requests such information.



6. A health carrier shall have written procedures to address the

failure or inability of a provider or an enrollee to provide all necessary

information for review. In cases where the provider or an enrollee will

not release necessary information, the health carrier may deny

certification of an admission, procedure or service.



(L. 1997 H.B. 335, A.L. 2013 S.B. 262, A.L. 2014 S.B. 716)





2013

1997



2013



376.1363. 1. A health carrier shall maintain written procedures for

making utilization review decisions and for notifying enrollees and

providers acting on behalf of enrollees of its decisions. For purposes of

this section, "enrollee" includes the representative of an enrollee.



2. For initial determinations, a health carrier shall make the

determination within two working days of obtaining all necessary

information regarding a proposed admission, procedure or service requiring

a review determination. For purposes of this section, "necessary

information" includes the results of any face-to-face clinical evaluation

or second opinion that may be required:



(1) In the case of a determination to certify an admission, procedure

or service, the carrier shall notify the provider rendering the service by

telephone or electronically within twenty-four hours of making the initial

certification, and provide written or electronic confirmation of a

telephone or electronic notification to the enrollee and the provider

within two working days of making the initial certification;



(2) In the case of an adverse determination, the carrier shall notify

the provider rendering the service by telephone or electronically within

twenty-four hours of making the adverse determination; and shall provide

written or electronic confirmation of a telephone or electronic

notification to the enrollee and the provider within one working day of

making the adverse determination.



3. For concurrent review determinations, a health carrier shall make

the determination within one working day of obtaining all necessary

information:



(1) In the case of a determination to certify an extended stay or

additional services, the carrier shall notify by telephone or

electronically the provider rendering the service within one working day of

making the certification, and provide written or electronic confirmation to

the enrollee and the provider within one working day after telephone or

electronic notification. The written notification shall include the number

of extended days or next review date, the new total number of days or

services approved, and the date of admission or initiation of services;



(2) In the case of an adverse determination, the carrier shall notify

by telephone or electronically the provider rendering the service within

twenty-four hours of making the adverse determination, and provide written

or electronic notification to the enrollee and the provider within one

working day of a telephone or electronic notification. The service shall

be continued without liability to the enrollee until the enrollee has been

notified of the determination.



4. For retrospective review determinations, a health carrier shall

make the determination within thirty working days of receiving all

necessary information. A carrier shall provide notice in writing of the

carrier's determination to an enrollee within ten working days of making

the determination.



5. A written notification of an adverse determination shall include

the principal reason or reasons for the determination, the instructions for

initiating an appeal or reconsideration of the determination, and the

instructions for requesting a written statement of the clinical rationale,

including the clinical review criteria used to make the determination. A

health carrier shall provide the clinical rationale in writing for an

adverse determination, including the clinical review criteria used to make

that determination, to any party who received notice of the adverse

determination and who requests such information.



6. A health carrier shall have written procedures to address the

failure or inability of a provider or an enrollee to provide all necessary

information for review. In cases where the provider or an enrollee will

not release necessary information, the health carrier may deny

certification of an admission, procedure or service.



1997



376.1363. 1. A health carrier shall maintain written procedures for

making utilization review decisions and for notifying enrollees and providers

acting on behalf of enrollees of its decisions. For purposes of this section,

"enrollee" includes the representative of an enrollee.



2. For initial determinations, a health carrier shall make the

determination within two working days of obtaining all necessary information

regarding a proposed admission, procedure or service requiring a review

determination. For purposes of this section, "necessary information" includes

the results of any face-to-face clinical evaluation or second opinion that may

be required:



(1) In the case of a determination to certify an admission, procedure or

service, the carrier shall notify the provider rendering the service by

telephone within twenty-four hours of making the initial certification, and

provide written or electronic confirmation of the telephone notification to

the enrollee and the provider within two working days of making the initial

certification;



(2) In the case of an adverse determination, the carrier shall notify

the provider rendering the service by telephone within twenty-four hours of

making the adverse determination; and shall provide written or electronic

confirmation of the telephone notification to the enrollee and the provider

within one working day of making the adverse determination.



3. For concurrent review determinations, a health carrier shall make the

determination within one working day of obtaining all necessary information:



(1) In the case of a determination to certify an extended stay or

additional services, the carrier shall notify by telephone the provider

rendering the service within one working day of making the certification, and

provide written or electronic confirmation to the enrollee and the provider

within one working day after the telephone notification. The written

notification shall include the number of extended days or next review date,

the new total number of days or services approved, and the date of admission

or initiation of services;



(2) In the case of an adverse determination, the carrier shall notify by

telephone the provider rendering the service within twenty-four hours of

making the adverse determination, and provide written or electronic

notification to the enrollee and the provider within one working day of the

telephone notification. The service shall be continued without liability to

the enrollee until the enrollee has been notified of the determination.



4. For retrospective review determinations, a health carrier shall make

the determination within thirty working days of receiving all necessary

information. A carrier shall provide notice in writing of the carrier's

determination to an enrollee within ten working days of making the

determination.



5. A written notification of an adverse determination shall include the

principal reason or reasons for the determination, the instructions for

initiating an appeal or reconsideration of the determination, and the

instructions for requesting a written statement of the clinical rationale,

including the clinical review criteria used to make the determination. A

health carrier shall provide the clinical rationale in writing for an adverse

determination, including the clinical review criteria used to make that

determination, to any party who received notice of the adverse determination

and who requests such information.



6. A health carrier shall have written procedures to address the failure

or inability of a provider or an enrollee to provide all necessary information

for review. In cases where the provider or an enrollee will not release

necessary information, the health carrier may deny certification of an

admission, procedure or service.



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