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Iowa UR Laws:
Administrative Code

CHAPTER 514F UTILIZATION AND COST CONTROL

Minnesota UR Statutes 2004 Table of chapters

CHAPTER 62M

UTILIZATION REVIEW OF HEALTH CARE

MN UR Act Summary for Chapter137

ND: 26.1-26.4

Health Care Service Utilization Review

SB 2184 – Minimum standards for utilization review (26.1-26.4-04). Provides for utilization

review standards consistent with federal law and with standards established by the United States Department of Labor. 

 

'External Review' of Medical Claim Denials Is Now the Law of the Land Nearly Nationwide (Modern Healthcare via The Foundation for Taxpayer & Consumer Rights)

 
 
 

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Seminar Schedules in IL NC, PA, VA, OH, SD, Teleconference

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Managed-Care Nightmares?

What Does Unanimous US Supreme Court Say?

Do You Have Problems with Health-Care Claims with Employer-Sponsored Health Plans, Claim Denials and Delays with Providers, and Claim Processing, Denial Management and Cost Containment with Health Plans?

If yes, we have answers for all of you: information and guidance from US Supreme Court, Federal Government on federal laws and regulations to help you and protect you.

Managed-Care Nightmares? What Does the Unanimous US Supreme Court Say? 

On June 21, 2004, an unanimous US Supreme Court ruled that claim processing and denials of benefits under the employer-sponsored health plans, ERISA-regulated benefit plans, for both self-insured and fully-insured (through purchase of insurance) health plans, are completely governed by federal law ERISA, that supersedes and invalidates state laws.

ERISAclaim.com - Supreme Court Managed Care ERISA Watch

Aetna Health Inc. v. Davila

06/21/04

Opinion of the Court

"Held: Respondents’ state causes of action fall within ERISA§502(a)(1)(B), and are therefore completely pre-empted by ERISA §502 and removable to federal court. Pp. 4–20." 

"We hold that respondents’ causes of action, brought to remedy only the denial of benefits under ERISA-regulated benefit plans, fall within the scope of, and are completely pre-empted by, ERISA §502(a)(1)(B), and thus removable to federal district court. The judgment of the Court of Appeals is reversed, and the cases are remanded for further proceedings consistent with this opinion.7 It is so ordered."

'External Review' of Medical Claim Denials Is Now the Law of the Land Nearly Nationwide (Modern Healthcare via The Foundation for Taxpayer & Consumer Rights)

Excerpt: "[N]ow that the dust has settled in the wake of last year's U.S. Supreme Court decision preventing millions of patients from suing their HMOs for medical negligence, some legal experts say the practical effects of the controversial ruling may not be all that substantial-largely because of the existence of state external-review laws."

SD: 58-17C STANDARDS FOR MANAGED CARE PLANS
(Partial links)

58-17C-47      Prohibition against compensation influencing or based upon review decisions.

58-17C-64      Registration of utilization review organizations--Required information.

58-17C-67      Activities of nonregistered utilization review organizations prohibited.

58-17C-103      Promulgation of rules--Consistency with federal requirements.

58-17C-34      Applicability of chapter 17C.
58-17C-35      Health carrier responsibility for utilization review activities.
58-17C-36      Director to hold health carrier responsible for utilization review performance of contractor.
58-17C-37      Written utilization review program required--Contents of program document.
58-17C-38      Utilization review program to use documented clinical review criteria--Criteria to be made available to authorized agencies upon request.
58-17C-39      Program to be administered by qualified licensed health care professionals.
58-17C-40      Determinations to be issued in a timely manner--Process to ensure consistency.
58-17C-40.1      Calculation of time period for determination for prospective and retrospective reviews.
58-17C-41      Effectiveness and efficiency of program to be routinely reviewed.
58-17C-42      Data systems must support program activities and generate management reports.
58-17C-43      Health carrier oversight of delegated activities--Requirements.
58-17C-44      Utilization review to be coordinated with other medical management activity of health carrier.
58-17C-45      Health carrier to provide free access to review staff.
58-17C-46      Only information necessary for review or determination to be collected.
58-17C-47      Prohibition against compensation influencing or based upon review decisions.
58-17C-48      Written procedures required for making determinations--Notification.
58-17C-49      Prospective review determinations--Timing--Notification of requirements-- Extension of time.
58-17C-50      Concurrent review determinations--Timing--Notification requirements.
58-17C-51      Retrospective review determinations--Timing--Notification requirements.
58-17C-52      Notification of adverse determination--Contents.
58-17C-53      Repealed.
58-17C-54      Information required to be provided to covered persons and prospective covered persons.
58-17C-55      Certain plans exempt from requirements of §§ 58-17C-34 to 58-17C-57, inclusive.
58-17C-56      If private accrediting body meets requirements, health carrier may be deemed to have met them.
58-17C-57      Director authorized to promulgate rules--Scope of rules.
58-17C-58      Establishment of grievance system by managed care plan or utilization review organization.
58-17C-59      Record of grievances--Report.
58-17C-60      Maintenance of grievance records--Accessibility.
58-17C-61, 58-17C-62.      Repealed.
58-17C-63      Promulgation of rules for grievance system.
58-17C-64      Registration of utilization review organizations--Required information.
58-17C-65      Filing changes in registration information.
58-17C-66      Requests of information from utilization review organizations.

58-17C-67      Activities of nonregistered utilization review organizations prohibited.
58-17C-68      Registration fee for utilization review organizations.
58-17C-69      Application of §§ 58-17C-58 to 58-17C-68, inclusive.
58-17C-70      "Urgent care request" defined.
58-17C-71      Urgent care requests--Written procedures for receipt and determination of requests required.
58-17C-72      Urgent care requests--Timely notification of determination.
58-17C-73      Insufficient information for determination--Notice and statement of necessary information required.
58-17C-74      Insufficient information for determination of prospective urgent care requests.
58-17C-75      Time within which to submit necessary information.
58-17C-76      Urgent care requests--Notice of determination--Failure to submit necessary information grounds for denial of certification--Notice of adverse determinations.
58-17C-77      Concurrent review urgent care requests--Requests for extended care--Time to make determination and provide notice.
58-17C-78      Calculation of time periods for determinations.
58-17C-79      Notification of adverse determinations--Requirements.
58-17C-80      Register of grievances required--Information to be compiled--Maintenance.
58-17C-81      Report to director required--Contents of report.
58-17C-82      Grievance procedures--Filing with director required--Certificate of compliance--Contact information required.
58-17C-83      Review of adverse determinations--Time for filing--Designation and notice of reviewers--Scope of review.
58-17C-84      Review of adverse determinations--Rights of covered person or authorized representative--Access to documentation.
58-17C-85      Review of adverse determinations--Time for issuing decisions and providing notice--Calculation of time periods.
58-17C-86      Issuance of decision--Required contents.
58-17C-87      Health carrier to establish review procedures for grievances not involving adverse determinations.
58-17C-88      Standard review--Covered persons or authorized representatives entitled to submit written material only.
58-17C-89      Designation of person(s) to conduct standard review--Notice to covered person or authorized representative.
58-17C-90      Standard review--Time within which to notify covered person of decision-- Extension of time.
58-17C-91      Standard review--Required contents of written decision.
58-17C-92      Additional voluntary review--Right of covered person to appear--Required notice--Not applicable to health indemnity plans.
58-17C-93      Additional voluntary review--Required notice--Rights of covered person(s) or authorized representatives.
58-17C-94      Appointment of panel for voluntary review of first level review decision--Scope of review--Composition of panel.
58-17C-95      Standard review--Appointment of voluntary review panel--Composition of panel.
58-17C-96      Procedures for appearance before voluntary review panel--Legal representation--Time for issuance of decision.

58-17C-97      Notice and issuance of decision when covered person does not request appearance--Time for issuance of decision.
58-17C-98      Decision by voluntary review panel--Required contents.
58-17C-99      Expedited review for adverse determinations involving urgent care requests-- Appointment of peers for review.
58-17C-100      Expedited review not initial determination for benefits--Transmission of necessary information.
58-17C-101      Expedited review decision not initial determination for benefits--Time of notification--Continuation of service involving concurrent review urgent care requests.
58-17C-102      Expedited review decision--Notification--Required contents.
58-17C-102.1      Applicability of §§ 58-17C-40 to 58-17C-102, inclusive.
58-17C-103      Promulgation of rules--Consistency with federal requirements.

 

36  PROFESSIONS AND OCCUPATIONS
(Partial links)

36-4B-34.1 Peer review committee--Activities--Liability of members

36-4B-34.4 Peer review activity defined

36-4-42 Peer review committee defined

36-4-43 Peer review activities defined.

36-4B-34.2 Data of peer review committee--Disclosure--Discovery--Admissibility-- Testimony

36-4-26.1 Proceedings of peer review committees confidential and privileged--Availability to physician subject of proceedings.

36-20B-53 Continuing professional education or peer review as condition for reissuance of certificate, license or permit.

36-5-16      Grounds for refusal or revocation of license--Procedure.
36-5-16.1      Suspension, reprimand, or probation in lieu of revocation--Hearing.
36-5-17      Appeal from Board of Examiners.
36-5-18      Chiropractors Association reconstituted--Purpose--Annual certificate of registration-- Report--Certification of dues paid--Bylaws.
36-5-19      Peer review committee--Immunity from liability--Conditions--Official immunity unaffected--Fee.
36-5-20      Disciplinary committee--Immunity from liability--Conditions--Official immunity unaffected.
36-5-21      Ethics committee--Immunity from liability--Conditions--Official immunity unaffected--Promulgation of rules.

 

 
20:06:33             Utilization review organizations and managed care entities.

20:06:34             Grievance procedures.

 

 

"[¶16.] Nevertheless, Linke argues that the public policy behind the official proceedings privilege requires its application in this context. The justifications advanced for the position mirror those used for quasi-judicial peer review of those placed in a position of public trust. We agree that public policy justifies an absolute privilege in the context of official quasi-judicial proceedings as well as statutorily authorized professional peer review, however, we decline to extend that privilege to all employment relationships. Although we recognize the position of trust held by a registered nurse, an absolute privilege under 20-11-5(2) is not available outside an official proceeding authorized by law. Therefore, the trial court’s grant of summary judgment on this issue is reversed."

 

South Dakota Supreme Court
Martinmaas v. Engelmann, 2000 SD 85 6/28/2000
Opinion Filed On Wednesday, June 28, 2000

"[¶50] Applying these rules of statutory construction to this case, Engelmann's claim, that the introduction of the hearing transcript violated the confidentiality statutes, has merit. A review of SDCL 36-4-31.5 in the overall context of SDCL ch 36-4 reveals that the goal of the legislature was to protect all confidential information that surfaces during this type of proceeding - not only the physician's information, but patients' information as well. SDCL 36-4-26.1 is especially enlightening. It states in pertinent part:

The proceedings, records, reports, statements, minutes, or any other data whatsoever, of any committee described in § 36-4-42, relating to the quality, type, or necessity of care rendered by a member of a hospital medical staff or by hospital personnel, or acquired in the evaluation of the competency, character, experience or performance of a physician, dentist or allied health professional seeking admission or reappointment to the medical staff of a hospital, are not subject to discovery or disclosure under chapter 15-6 or any other provision of law, and are not admissible as evidence in any action of any kind in any court or arbitration forum, except as hereinafter provided.

[¶51] This provision indicates that anything related to the "quality, type or necessity of care rendered" or to the "competency, character, experience or performance" of a physician is to remain confidential. When SDCL 36-4-31.5 is considered in pari materia to the rest of SDCL ch 36-4, it becomes clear that the legislature intended for a re-application hearing to remain confidential. The confidential nature of the transcript was even acknowledged by the trial court in its decision to release the transcript."

 

Why ERISA Seminars for Health-care Providers?

Brief Summary Of the New Regulation

for Physicians and ERISA Plans/TPAs

Effective Date: January 01, 2003

 

For Physicians and Health-care Providers

For Insurance Companies
ERISA Plans/TPAs

ERISA's Prompt Pay Law, better than State Prompt Pay Laws  [29 CFR § 2560.503-1 (f)(i), Page 70267-9]