Laws, Rules & Decisions Chapter 850

02 DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION

031 BUREAU OF INSURANCE

Chapter 850: HEALTH PLAN ACCOUNTABILITY

Table of Contents

Section 1. Purpose - page 2
Section 2. Authority - page 2
Section 3. Applicability and Scope - page 2
Section 4. Effective Date - page 3
Section 5. Definitions - page 3
Section 6. Quality Assurance Standards - page 9
Section 7. Access To Services - page 10
Subsection A. Access Plan - page 10
Subsection B. Access to Basic Health Care Services - page 11
Subsection C. Geographic Accessibility - page 12
Subsection D. Timely Access To Health Care Services - page 14
Subsection E. Access to Emergency And Urgent Care - page 15
Subsection F. Coordination of Care - page 15
Subsection G. Provider Credentialing - page 16
Section 8. Utilization Review - page 19
Subsection A Corporate Oversight of Utilization Review Program - page 20
Subsection B Contracting - page 20
Subsection C Written Utilization Review Program - page 20
Subsection D Operational Requirements - page 20
Subsection E Procedures for Review Decisions - page 22
Subsection F Requests for Reconsideration - page 24
Subsection G Appeals of Adverse Determinations - page 24
Subsection G(1) Standard Appeals - page 24
Subsection G(2 Expedited Appeals - page 26
Subsection H Emergency Services - page 27
Subsection I Disclosure Requirements - page 27
Section 9. Grievance Procedures - page 28
Subsection A Grievance Register - page 28
Subsection B Grievance Procedures - page 29
Subsection C First Level Grievance Review - page 29
Subsection D Second Level Grievance Review - page 31
Section 10. Reporting Requirements - page 33

Section 1. Purpose

This rule establishes standards applicable to health maintenance organizations (HMOs), as defined by Chapter 56 of the Insurance Code, utilization review entities, as defined by Chapter 34 of the Insurance Code, and carriers as defined by Chapter 56-A of the Insurance Code. In the interest of consolidating standards applicable to carriers and adopting current National Association of Insurance Commissioners (NAIC) health plan accountability models, it repeals and replaces old Bureau of Insurance Rule Chapter 520, Medical Utilization Review Entities, and incorporates provisions of the NAIC Utilization Review Model Act, Health Carrier Grievance Procedure Model Act and Health Care Professional Credentialing Verification Model Act. The 2002 Amendments to Revised Rule Chapter 850 reflect amendments to the Health Plan Improvement Act, Title 24-A, Chapter 56-A M.R.S.A. §4301 et seq., enacted by Public Law 1999, Chapter 742, An Act to Establish a Patient’s Bill of Rights. The 2003 Amendments reflect amendments to 24‑A M.R.S.A. §4303, enacted by Public Law 2003, Chapters 108 and 469. The 2007 Amendments to the access requirements in section 7 are Major Substantive Amendments proposed by the Superintendent pursuant to a consensus-based rule development process governed by 5 M.R.S.A. § 8051-B.

Section 2. Authority

This rule is promulgated by the Superintendent pursuant to Title 24-A M.R.S.A. Sections 2772, 2774, 4218, 4222-A, 4303 and 4309.

Section 3. Applicability and Scope

This rule shall apply to all health carriers, utilization review organizations and managed care plans as applicable. Section 7 is applicable to any carrier offering a managed care plan. Section 8 is applicable to any carrier that provides or performs utilization review services, any designee of the carrier or utilization review entity (URE) that performs utilization review functions on the carrier's behalf, and any URE performing utilization review on behalf of an employer. The requirements of Section 8 are also applicable to all “adverse health care treatment decisions” rendered by or on behalf of “carriers,” as defined by 24-A M.R.S.A. §4301-A(1,6). Section 9 is applicable to all carriers. The relationship of the appeals processes set forth in subsections 8(G)(1)&(2) and the grievance procedures of section 9 are as follows. All adverse health care treatment decisions denying benefits to a covered person are subject to the appeals procedures set forth in section 8(G). A person whose section 8(G) appeal results in an adverse decision has a right to a second level grievance review as set forth in section 9(D). In the event of conflict between the provisions of this rule and those of any other rule promulgated by the Superintendent, the provisions of this rule shall be controlling. Any request for confidential handling of filings required by this rule must follow the confidentiality protocol established by the Superintendent and available from the Bureau of Insurance.

Section 4. Effective Date

This rule shall take effect 90 days after final adoption by the Bureau of Insurance. Upon a showing of good cause, the superintendent may grant a 90-day extension for compliance with this rule.
All group and individual health plans under which covered services are subject to utilization review, pre-existing condition determinations or determinations regarding experimental or investigational services, shall include the disclosure requirements of section 8(I).
All group and individual health plans shall include the grievance procedure description required by section 9(B)(2).
All carriers offering a managed care plan that have not previously been required to file Access Plans must file the Access Plan required by section 7(A) within 6 months from the effective date of this rule.

Section 5. Definitions

For purposes of this rule:

“Adverse determination" or “adverse health care treatment decision” means a health care treatment decision made by or on behalf of a carrier offering a health plan denying in whole or in part payment for or provision of otherwise covered services requested by or on behalf of an enrollee. “Health care treatment decision" means a decision regarding diagnosis, care or treatment when medical services are provided by a health plan, or a benefits decision involving determinations regarding medically necessary health care, preexisting condition determinations and determinations regarding experimental or investigational services.
"Ambulatory review" means utilization review of health care services performed or provided in an outpatient setting.
“Ancillary Services” means appropriately licensed ancillary non-physician services which may include but are not limited to home health care, durable medical equipment, physical therapy, chiropractic, podiatry, certified nurse midwifery, pharmacy, home care, alcohol and chemical dependency services, and mental health services provided by psychologists, social workers, counseling professionals and psychiatric nurses in inpatient, outpatient treatment and residential treatment settings, as appropriate in each case. The listing of a particular service or category of provider in this definition does not function to mandate that coverage for that service or category of provider is required.
"Appeals procedure" means a formal process whereby a covered person, a representative of a covered person, or attending physician, facility or health care provider on a covered person’s behalf, can contest an adverse determination rendered by the health carrier or its designee utilization review entity (URE), which results in the denial, reduction without further opportunity for additional services or termination of coverage of a requested health care service.
“Carrier” or “health carrier" means:

1) An insurance company licensed in accordance with Title 24-A to provide health insurance;

2) A health maintenance organization licensed pursuant to Title 24-A Chapter 56;

3) A preferred provider arrangement administrator registered pursuant to Title 24-A Chapter 32;

4) A fraternal benefit society, as defined by 24-A M.R.S.A. Section 4101;

5) A nonprofit hospital or medical service organization or health plan licensed pursuant to Title 24;

6) A multiple-employer welfare arrangement licensed pursuant to 24-A M.R.S.A. Chapter 81; or

7) A self-insured employer subject to state regulation as described in 24-A M.R.S.A. Section 2848-A.

An employer exempted from the applicability of 24-A M.R.S.A. Chapter 56-A under the federal Employee Retirement Income Security Act of 1974, 29 United States Code, Sections 1001 to 1461 (1988) is not considered a carrier.
"Case management" means a coordinated set of activities conducted for individual patient management of covered persons with specific health care needs.
"Certification" means a determination by a health carrier or its designee utilization review entity (URE) that an admission, availability of care, continued stay or other health care service has been reviewed and, based on the information provided, satisfies the health carrier's requirements for medical necessity, appropriateness, health care setting, level of care and effectiveness.
"Clinical peer" means a physician or other licensed health care practitioner who holds a non-restricted license in a state of the United States in the same or similar specialty as typically manages the medical condition, procedure or treatment under review, or other physician or health care practitioner with demonstrable expertise necessary to review a case.
"Clinical review criteria" means the written screening procedures, decision abstracts, clinical protocols and practice guidelines used by the health carrier to determine the necessity and appropriateness of health care services.
"Closed plan" means a managed care plan that requires covered persons to use participating providers under the terms of the managed care plan.
"Concurrent review" means utilization review conducted during a patient's hospital stay or course of treatment.
"Covered benefits" or "benefits" means those health care services a covered person is entitled to have paid, in whole or in part, under the terms of a health benefit plan.
"Covered person" means a policyholder, subscriber, enrollee or other individual entitled to benefits under a health benefit plan.
"Discharge planning" means the formal process for determining, prior to discharge from a facility, the coordination and management of the care that a patient receives following discharge from a facility
"Emergency medical condition" means:

1) a medical condition, physical or mental, manifesting itself by acute symptoms of sufficient severity such that the absence of immediate medical attention could reasonably be expected to result in:

a) placing the health, physical or mental, of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy;

b) serious impairment to bodily functions; or

c) serious dysfunction of any bodily organ or part; or,

2) with respect to a pregnant woman who is having contractions:

a) that there is inadequate time to effect a safe transfer to another hospital before delivery, or,

b) that transfer may pose a threat to the health or safety of the woman or unborn child.
"Emergency services" means those health care services that are provided in an emergency facility or setting after the onset of an illness or medical condition that manifests itself by symptoms of sufficient severity that the absence of immediate medical attention could reasonably be expected by the prudent lay person, who possesses an average knowledge of health and medicine, to result in:

1) placing the enrollee’s physical and/or mental health in serious jeopardy;

2) serious impairment to bodily functions; or

3) serious dysfunction of any bodily organ or part.
“Essential Community Provider” means:

1) Federally-qualified health centers as defined in section 1861(aa) of the Social Security Act;

2) nonprofit maternal and child health providers that receive funding for their services under Title V of the Social Security Act;

3) Indian health programs under the Indian Health Care Improvement Act; and,

4) health care service provider recipients or sub recipients of grants under Title X, Title XIX, Title XXIII or sections 329, 330, 340, 340A, of the Public Health Service Act.
"Facility" means an institution providing health care services or a health care setting, including but not limited to appropriately licensed or certified hospitals and other inpatient centers, ambulatory surgical or treatment centers, skilled nursing centers, residential treatment centers, diagnostic, laboratory and imaging centers, and rehabilitation and other therapeutic health settings.
"Grievance" means a written complaint submitted by or on behalf of a covered person regarding the:

1) Availability, delivery or quality of health care services, including a complaint regarding an adverse determination made pursuant to utilization review;

2) Claims payment, handling or reimbursement for health care services; or

3) Matters pertaining to the contractual relationship between a covered person and a health carrier.
"Health plan" or “health benefit plan” means a plan offered or administered by a carrier that provides for the financing or delivery of health care services to persons enrolled in the plan, other than a plan that provides only accidental injury, specified disease, hospital indemnity, Medicare supplement, disability income, long-term care or other limited benefit coverage.
"Health care professional" means a physician or other health care practitioner licensed, accredited or certified to perform specified health services consistent with state law. This definition applies to individual health professionals, not corporate “persons.”
"Health care provider" or "provider" means a practitioner or facility licensed, accredited or certified to perform specified health care services consistent with state law.
"Health care services" means services for the diagnosis, prevention, treatment, cure or relief of a health condition, illness, injury or disease including mental illness and alcohol and chemical dependency.
"Health carrier". See definition of “carrier” at subsection 5(E).
“Managed care plan” means a health benefit plan offered or administered by a carrier that provides for the financing or delivery of health care services to persons enrolled in the plan through:

1) arrangements with selected providers to furnish health care services; and

2) financial incentives for persons enrolled in the plan to use the participating providers and procedures provided for by the plan. A return to work program developed for the management of workers’ compensation claims may not be considered a managed care plan.
"Network" means the group of participating providers providing services to a managed care plan.

AA. "Open plan" means a managed care plan other than a closed plan that provides incentives, including financial incentives, for covered persons to use participating providers under the terms of the managed care plan.

BB. "Participating provider" means a licensed or certified provider of health care services, including mental health services, or health care supplies that has entered into an agreement with a carrier to provide those services or supplies to an individual enrolled in a managed care plan.

CC. "Person" means an individual, a corporation, a partnership, an association, a joint venture, a joint stock company, a limited liability company, a trust, an unincorporated organization, any similar entity, any affiliate of these entities or any combination of the foregoing.

DD. “Physician” means a duly licensed doctor of medicine or osteopathy practicing within the scope of a license.

EE. “Primary care” means initial and basic care, and includes general internal medicine, general pediatrics, general obstetrics and gynecology, and care customarily provided by general and family practitioners or OB/GYNs.

FF. “Primary care provider” means a physician, or a nurse practitioner or physician’s assistant under the direct supervision of a physician, under contract with a managed care plan to supervise, coordinate, and provide initial and basic care to plan enrollees, maintain continuity of patient enrollee care, and initiate patient enrollee referrals for specialist care.

GG. “Primary verification” means verification of a health professional’s credentials based upon evidence obtained from the issuing source of the credentials.

HH. "Prospective review" means utilization review conducted prior to an admission or a course of treatment.

II. "Retrospective review" means a review of medical necessity conducted after services have been provided to a patient, but does not include the review of a claim that is limited to an evaluation of reimbursement levels, veracity of documentation, accuracy of coding or adjudication for payment.

JJ. "Second opinion" means an opportunity or requirement to obtain a clinical evaluation by an appropriately licensed or certified provider, other than the provider making the initial recommendation for a proposed health service, to assess the clinical necessity and appropriateness of the initially proposed health service.

KK. “Secondary verification” means verification of a health professional’s credentials based upon evidence obtained by means other than direct contact with the issuing source of the credential (e.g., copies of certificates provided by the applying health professional).

LL. “Service Area” means the area lying within the geographic perimeters of an approved managed care plan health care network.

MM. ”Special Needs” means individuals who have mental retardation, mental illness, behavioral and/or emotional disturbances and developmental delays and disabilities, requiring coordinated health care services. Individuals with special needs may include but are not limited to individuals diagnosed with schizophrenia, bipolar disorder, pervasive developmental disorder or autism, paranoia, panic disorder, obsessive-compulsive disorder, major depressive disorder, attention deficit disorder, and/or conduct disorder or physical impairments of chronic duration such that an individual so diagnosed cannot function effectively in home, school or community settings without coordinated health care services.

NN. “Specialty Physician Services” means general physician services beyond primary care, which may include oncological, dermatology, allergy/immunology, OB/GYN, orthopedics, otolaryngology, orthopedics, surgery, and mental health services provided by licensed psychiatrists, as appropriate in each case.

OO. "Stabilized" means, with respect to an emergency medical condition, that no material deterioration of the condition is likely, within reasonable medical probability, to result or occur before an individual can be transferred.

PP. "Superintendent" means the Superintendent of Insurance.

QQ. “Urgent Services” means those health care services that are provided to treat a condition or illness of an individual that if not treated within twenty four hours presents a serious risk of harm.

RR. "Utilization review" means any program or practice by which a person, on behalf of an insurer, nonprofit service organization, 3rd-party administrator or employer, which is a payor for or which arranges for payment of medical services, seeks to review the utilization, clinical necessity, appropriateness, efficacy or efficiency of health care services, procedures, providers or facilities. Techniques may include ambulatory review, prospective review, second opinion, certification, concurrent review, case management, discharge planning or retrospective review. Decisions regarding medical necessity made by a covered person’s primary care provider do not constitute utilization review.

SS. "Utilization review entity (URE) means an entity that conducts utilization review, other than a health carrier performing review for its own health plans.

Section 6. Quality Assurance Standards

Carriers seeking licensure in the State of Maine as a health maintenance organization pursuant to the requirements of Title 24-A Chapter 56, and which have received accreditation by a nationally recognized accrediting organization may, as an alternative to the application requirements of Bureau of Insurance Rule Chapter 190(6)(F), file for consideration by the Superintendent and the Commissioner of the Department of Human Services, the accrediting organization’s quality assurance standards to which they are subject.

Section 7. Access To Services

In addition to the requirements of Title 24-A, Chapter 56 or otherwise required by rule a carrier offering a managed care plan is subject to the requirements of this Section.

Access Plan

In addition to the requirements of 24-A M.R.S.A. Section 4203(3) or requirements otherwise provided by rule, a Carrier’s application for approval of a managed care plan, application for an HMO certificate of authority, or application for a Preferred Provider Arrangement registration shall include an Access Plan. Access Plans shall, in their approved form, be fully implemented. Failure of a carrier to obtain approval of its Access Plan or to implement an approved Plan shall be grounds for suspension or revocation of its managed care plan approval, certificate of authority, or preferred provider arrangement registration. Carriers shall, consistent with the requirements of Section 10 of this Rule, file annual Access Plan information updates reflecting any changes to previously filed information, except that consistent with the requirements of Title 24-A M.R.S.A. §4204(8), the net loss of 5 or more primary care physicians in any county in any 30-day period must be reported within 10 days. Updated Access Plans need not be refiled in their entirety so long as updated information filed indicates the section of the originally filed Plan being updated. Access Plans must include:

1) The carrier’s current enrollment in this state and projected annual enrollment for the two calendar years following the date the Plan was originally filed or updated, as applicable.

a) Current and projected enrollment shall be provided in the form of a table setting forth the number of enrollees by county of residence.

2) A description of the proposed provider network including:

a) A current list of all providers and facilities and a twelve month average percentage of physicians in the network with open practices;

b) If health care services are to be provided by salaried health care professionals employed by the carrier, a description of the services to be provided;

c) The projected ratio of specialty and primary care providers to enrollees by county;

d) Written standards for access to basic health care services addressing the requirements of subsections B-F of this section;

e) A description of the carrier’s basis for determining that the network is sufficient to meet basic health care services. The description must describe how enrollees with special needs will be identified, and what criteria will be used for this determination;

f) A map subdivided by town indicating the geographic distribution by service location of primary care and specialty providers and contracted facilities in the carrier’s service area, each category of provider and facility to be separately identified; and,

g) Correlative data to support all requisite maps.

3) A description of the carrier’s physician and health professional recruitment plan, if applicable.

4) A description of the carrier’s plan for providing services for rural and underserved populations and for developing relationships with essential community providers.

5) A description of the carrier’s strategy to identify and address language and literacy barriers to accessing needed services.
Access to Basic Health Care Services to be provided by carriers offering managed care plans.

1) To the extent reasonably possible, carriers that offer managed care plans utilizing primary care providers shall maintain a minimum ratio of one full-time equivalent primary care provider to 2000 enrollees.

2) Carriers that offer managed care plans must provide coverage enabling enrollee access to medically necessary emergency and urgent services at all times. Primary care and, to the extent reasonably possible, specialty physician services shall be available and accessible twenty-four hours a day, seven days a week within the managed care plan’s service area.

3) Carriers that offer managed care plans shall contract with or employ sufficient numbers of appropriately licensed providers of ancillary services.

4) Carriers that offer managed care plans shall contract with an adequate number of primary care providers and specialty physicians with hospital admitting privileges at one or more participating general hospitals within the managed care plan’s service area to provide enrollees timely access to necessary admissions consistent with generally accepted practice parameters.

5) In any case where the carrier has an insufficient number or type of participating provider to provide a covered benefit, the health carrier shall ensure that the covered person obtains the covered benefit at no greater cost to the covered person than if the benefit were obtained from participating providers, or shall make other arrangements acceptable to the Superintendent.
Geographic Accessibility

1) Primary care services shall be available within 30 minutes travel time by automobile of each enrollee’s residence. The following distances shall be used as guidelines in determining distances corresponding to 30 minutes travel time under normal conditions:

a) Areas with primary road available: 20 miles.

b) Areas with only secondary roads available: 15 miles.

c) Areas connected by interstate highways: 25 miles.

2) Specialty care and hospital services shall be available within 60 minutes travel time by automobile of each enrollee’s residence. The following distances will be used as guidelines in determining distances corresponding to 60 minutes travel time under normal conditions:

a) Areas with primary road available: 40 miles.

b) Areas with only secondary roads available: 30 miles.

c) Areas connected by interstate highways: 50 miles.

3) The Superintendent may grant general exceptions, where appropriate, so that the carrier need not apply for case-by-case exceptions for each health plan. Exceptions to the above travel times are permitted where a carrier can establish to the satisfaction of the Superintendent that all of the following standards have been met.

a) The entire network, prior to the granting of the exception, must meet the overall access standards in this rule, including the geographic access standards.

b) Any financial incentive to encourage a member to utilize a service of a designated high quality provider must be an additional benefit for using the designated high quality provider. A carrier may not reduce the benefits otherwise applicable on the ground that services were provided by a provider who is not a designated high quality provider.

c) The carrier may not include a financial incentive that would encourage a member to obtain a service beyond the geographic access standards that is considered primary, preventive, maternity, obstetrical, ancillary or emergency.

d) The financial incentives may not require a member to travel a distance that exceeds the standards established in subsection 7(C)(2) for mileage and travel time by 100%.

e) In determining whether to grant the exception, the Superintendent will consider consumer complaints and examinations related to the carrier’s network access.

f) Any designation of a high quality provider can be at the service, physician practice, or institutional level, as long as the carrier demonstrates that all of the following requirements have been met:

(i) The standards used to demonstrate a high quality provider must be documented in peer-reviewed literature and must be nationally recognized, or evidence-based, or disseminated by independent entities organized to promote best healthcare practices. Any such standards must reflect high quality in clinical outcomes or processes/structures/systems of care.

(ii) The data used to compare high quality providers must be reliable and consistent across providers. A carrier may submit its own data, provided that the data submitted is deemed credible by the Superintendent.

(iii) Quality designations must be updated at least every six months. Upon written request of providers not deemed to meet the requirements of the carrier’s high quality designation, the carrier shall provide health care providers with a written explanation of why they did not qualify and what they must do in order to qualify for the quality designation.

g) The carrier must demonstrated that:

(i) The services of a high quality provider significantly outweigh any detrimental financial impact for traveling longer distances to access such services; or

(ii) The carrier has effectively mitigated any detrimental financial impact for traveling longer distances to access services of a high quality provider.

For purposes of this subsection, mitigation is defined as a moderation of the detrimental financial impact and may include such things as per diem expenses, travel expenses, lodging expenses, and meal expenses.

h) If all the quality standards of sub-paragraph (f) have been met, the carrier may consider provider cost efficiencies in determining the level of financial incentive.

i) The carrier must create a directory of designated high quality providers under the plan, and the directory must be made available to any prospective applicant or covered member under the plan.

j) The carrier must submit for the Superintendent’s approval every two years from the date of initial approval sufficient documentation to establish that the plan continues to meet the requirements of 24-A M.R.S.A. §4303(1)(A) and this subsection.

This subsection does not restrict a member’s ability to choose a provider located beyond the specified travel times, as long as the member’s choice is purely voluntary and the member complies with all applicable contract terms.
Timely Access To Health Care Services

1) Health care services shall be made accessible by carriers offering managed care plans to their enrollees on a timely basis in accordance with medically appropriate guidelines consistent with generally accepted standards of care.

2) HMO plans shall have written appointment scheduling guidelines specific to type of health care service. Examples of types of health care services include well baby and well child examinations, prenatal care appointments, mental health services, routine physicals, follow up appointments for chronic conditions such as high blood pressure, and diagnosis for acute pain, illness or injury.

3) Appointments and waiting times shall be convenient and meet the following requirements. If the timeliness standards of this subsection are not achievable in a particular community, it initially will be sufficient to meet the community standard of care regarding access to timely services. Thereafter, the access plan and updates required by section 7(A) of this rule shall specify the steps being undertaken by the carrier to achieve the requirements of this subsection.

a) Enrollees should be able to obtain an appointment with a primary care provider for medically necessary services within 7 days and for preventative services within 90 days. For urgent care, enrollees should have access within twenty-four hours;

b) Once a required referral from a primary care provider has been obtained, an enrollee in need of urgent care should be able to obtain specialty physician services within twenty-four hours. Unless not reasonably possible, properly referred enrollees should be able to obtain an appointment for routine specialty physician services within 30 days.

c) On average, primary care providers and specialty physicians should not keep enrollees with a scheduled appointment waiting longer than 45 minutes. Where enrollees are treated on a first-come, first-served basis, average wait times should be consistent with generally accepted standards.
Access To Emergency And Urgent Care

1) Emergency services should be provided at the nearest participating facility unless the injury or condition requires the enrollee to be transported to the nearest facility or to a specialized facility;

2) Standards established for access to urgent and emergency services must consider presenting symptoms in addition to discharge diagnosis;

3) Specialized standards must be utilized for evaluating the need for urgent or emergency services for infants and children and for individuals with chronic conditions;
Coordination Of Care

1) If the carrier offering a managed care plan requires primary care providers to make referrals to specialty physicians and ancillary services, the enrollee’s primary care provider or the carrier shall initiate the referrals. Enrollees on whose behalf referrals have been made shall receive timely written notification of the referral including all relevant information.

2) Carriers that require primary care providers to make referrals are responsible for the coordination, continuity of care and appropriate discharge planning for enrollees given a referral to specialty physicians, and for enrollees using ancillary services.

3) Carriers are responsible for the coordination and continuity of care for enrollees in accordance with the requirements of 24-A M.R.S.A. Section 4303(6) ‘Standing referrals to specialists’ and Section 4303(7) ‘Continuity of Care’. HMOs are responsible for the coordination and continuity of care for new enrollees who notify the HMO that, as of the effective date of enrollment in the HMO, they are undergoing care or treatment for covered services by providers not a part of the HMO’s provider network. An HMO is not required to provide coverage for out-of-network services if it transfers an enrollee to a network provider without unreasonably disrupting the enrollee’s ongoing care or treatment.

4) An enrollee dissatisfied with an assigned or selected primary care provider shall be allowed to change primary care providers in accordance with defined carrier procedures and policies but at least after their initial sixty days of coverage and once a year thereafter.

5) Carriers shall maintain a written plan providing for continuity of care in the event of contract termination between the carrier and any of its contracted providers, or in the event of site closings involving a primary care provider with more than one location of service. The written plan shall describe how enrollees with special needs or who are at special risk will be identified and how continuity of care will be provided. The written plan shall comply with the requirements of 24-A M.R.S.A. §4303(7)(A).
Provider Credentialing for Carriers Offering Managed Care Plans (as Applicable)

1) A carrier or the entity to whom credentialing is delegated shall credential all health professionals with whom the carrier contracts in accordance with written policies and procedures.

2) A carrier shall make credentialing decisions, including those granting or denying credentials, within 60 days of receipt of a completed credentialing application from a provider. The time period for granting or denying credentials may be extended upon written notification from the carrier within 60 days following submission of a completed application stating that information contained in the application requires additional time for verification. All credentialing decisions must be made within 180 days of receipt of a completed application.

3) A credentialing application is completed if the application includes all of the information required by the uniform credentialing application used by carriers and providers in this State, such attachments to that application as required by the carrier at the time of application and all corrections required by the carrier. A carrier shall review the entire application before returning it to the provider for corrections with a comprehensive list of all corrections needed at the time the application is first returned to the provider. A carrier may not require that a provider have a home address within the State before accepting an application.

4) The carrier shall establish a credentialing committee consisting of licensed physicians and other health professionals to review credentialing information and supporting documents.

5) The carrier’s application and credentialing policies and procedures shall be made available for review by the health professional upon written request.

6) Except as otherwise provided by law and by subsection 7(G)(11)(a), all information obtained by the carrier in the credentialing process shall be held confidential.

7) The carrier shall retain all records and documents relating to a health professional’s credentialing process for at least three years.

8) A carrier, to the extent pertinent, shall obtain primary verification of at least the following information regarding the applicant:

a) Current license, certificate of authority or registration to practice in the health field which the applicant has applied to practice in Maine;

b) Status of hospital privileges;

c) Current Drug Enforcement Agency (DEA) registration certificate

d) Specialty board certification status;

9) A carrier shall obtain the following, subject to either primary or secondary verification. Secondary verification may be obtained from the National Practitioner Data Bank or other national data banks authorized by the Superintendent.

a) The health professional’s license history for the preceding ten years in this and all other states including a chronological history of the health professional’s health care license, dates, times and places, of all applications for license privileges, any action taken on the application, any challenges to licensure or registration, or the voluntary or involuntary relinquishment of a license;

b) The health professional’s malpractice history including any involvement in a professional liability action and any final judgment or settlement involving the individual health professional; and

c) The health professional’s practice history for the preceding five years including a chronological history of the health professional’s health care practice, including staff membership, practice privileges, professional associations, dates and places of practice, any action taken on practice privileges, and the voluntary or involuntary relinquishment, suspension, limitation, reduction or loss of staff membership or practice privileges; and.

d) Current level of professional liability coverage.

10) At least every 3 years the carrier shall obtain primary verification of:

a) Current license or certificate of authority to practice medicine, osteopathy or other health profession in Maine;

b) Status of hospital privileges; and,

c) Current DEA registration certificate.

11) The carrier shall require all contracting health professionals to notify the carrier of any changes in the status of any of the items above at any time.

12) Health Professional Review Process

a) To the extent permitted by law, each health professional subject to the credentialing process shall have the right to review all information, including the source of that information, gathered by the carrier in satisfaction of the requirements of this section in the course of its credentialing and recredentialing processes as regards that health professional.

b) Each health professional shall be notified of any information obtained during the carrier’s credentialing process that does not meet the carrier’s credentialing standards or that varies substantially from the information provided to the carrier by the health professional, except that the carrier shall not be required to reveal the source of information if the information is not obtained to meet the requirements of this section, or if disclosure is prohibited by law.

c) A health professional shall have the right to submit for correction any erroneous information. Each carrier shall have a formal process whereby a health professional who feels the credentialing body has received incorrect or misleading information may request a reconsideration and submit supplemental information to the credentialing body. Supplemental information shall be subject to confirmation by the carrier.

d) The carrier shall have a formal appeal procedure for dealing with:

i) health professional’s concerns relating to the denial of credentialing for failure to meet the objective credentialing standards of the plan; and,

ii) provider concerns relating to the contractual relationship between the health professional and the carrier.

e) Nothing in this section shall be construed to require a carrier to select a provider as a participating provider solely because the provider meets the carrier’s credentialing verification standards, or to prevent a carrier from utilizing separate or additional criteria in selecting the health care professionals with whom it contracts. A carrier may utilize separate or additional criteria in selecting the health professionals with whom it contracts.

Section 8. Utilization Review

In addition to the requirements of Title 24-A, Chapter 34, any health carrier that provides or performs utilization review services, any designee of the health carrier or URE that performs utilization review functions on the carrier's behalf, and any URE performing utilization review on behalf of an employer, are subject to the requirements of this section. The requirements of this section are applicable to all “adverse health care treatment decisions” rendered by or on behalf of “carriers.” A carrier accredited by a nationally recognized accrediting organization may seek a waiver from the requirements of any or all of the standards of subsections E through G. A waiver request must include:

1) certification by the carrier that it is subject to substantially similar standards by the accrediting organization and proof of current accreditation;

2) a copy of the applicable standards for the Superintendent’s consideration along with a statement identifying with specificity any differences between those standards and the requirements of this section; and,

3) the carrier’s written agreement to be held accountable to the Superintendent for compliance with the accrediting organization standards at issue and to be subject to the Superintendent’s enforcement authority for any violation of those standards.

Should the Superintendent grant the requested waiver, the applicable accrediting organization’s standards are fully enforceable by the Superintendent against the carrier.

Corporate Oversight of Utilization Review Program

A health carrier shall be responsible for monitoring all utilization review activities carried out by or on its behalf, and for compliance with the requirements of this. The health carrier shall also ensure that, consistent with the requirements of Title 24-A M.R.S.A. §4304(1), appropriate personnel have operational responsibility for the conduct of the health carrier's utilization review program.
Contracting

Whenever a health carrier contracts to have a URE perform the utilization review functions required by this rule, the Superintendent shall hold the health carrier responsible for monitoring the activities of the utilization review entity with which it contracts and for ensuring that the requirements of this rule are met.
Written Utilization Review Program

A health carrier that provides or performs utilization review shall implement a written utilization review program that, consistent with the requirements of Title 24-A M.R.S.A. §2771(3) and this rule, shall comprehensively describe all utilization review activities and procedures, both delegated and non-delegated, applicable to any of its health plans. The utilization review program must be consistent with the requirements of this section.
Operational Requirements

1) A utilization review program shall use documented clinical review criteria that are based on published sound clinical evidence and which are evaluated periodically to assure ongoing efficacy. A health carrier or the carrier’s designated URE may develop its own clinical review criteria or may purchase or license clinical review criteria from qualified vendors. Upon request, a health carrier or the carrier’s designated URE shall make available its clinical review criteria to the Superintendent and the Commissioner of the Department of Human Services.

2) Qualified health care professionals shall administer the utilization review program and oversee review decisions. A clinical peer shall evaluate the clinical appropriateness of adverse determinations.

3) A health carrier or the carrier’s designated URE shall issue utilization review decisions in a timely manner pursuant to the requirements of subsections F, G and H.

a) A health carrier or the carrier’s designated URE shall obtain all information required to make a utilization review decision, including pertinent clinical information.

b) A health carrier or the carrier’s designated URE shall have a process to ensure that utilization reviewers apply clinical review criteria consistently.

4) A health carrier or the carrier’s designated URE shall routinely assess the effectiveness and efficiency of its utilization review program.

5) A health carrier's or the carrier’s designated URE’s data systems shall be sufficient to support utilization review program activities and to generate management reports to enable the health carrier or the carrier’s designated URE to monitor and manage health care services effectively.

6) If a health carrier delegates any utilization review activities to a URE, the health carrier shall maintain adequate oversight, which shall include:

a) A written description of the URE’s activities and responsibilities, including reporting requirements;

b) Evidence of formal approval of the URE program by the health carrier; and

c) A process by which the health carrier evaluates the performance of the URE.

7) A health carrier or the carrier’s designated URE shall provide covered persons and participating providers with access to its review staff by a toll-free number or collect call phone line. Telephone lines must be adequately staffed to provide providers and covered persons ready access to staff performing utilization review functions.

8) When conducting utilization review, the health carrier or the carrier’s designated URE shall collect only the information necessary to certify the admission, procedure or treatment, length of stay, frequency and duration of services. The requirements of this subsection shall not be construed to prevent a carrier from collecting data for quality assurance purposes.

9) Compensation to persons providing utilization review services for a health carrier or the carrier’s designated URE may not be based on the quantity of adverse determinations rendered, or otherwise include incentives for reviewers to render inappropriate review decisions.
Procedures for Review Decisions

1) A health carrier or the carrier’s designated URE shall maintain written procedures for making utilization review, experimental/investigational treatment and preexisting condition decisions, and for notifying covered persons and providers acting on behalf of covered persons of its decisions. For purposes of this subsection, the term "covered person" includes the representative of a covered person. Prior to release of medical information to a representative of a covered person, a health carrier or the carrier’s designated URE may require execution of an appropriate release authorizing the representative’s access to that information. Consistent with the requirements of Title 24-A M.R.S.A. §4304(2), notification requirements under this subsection are satisfied by written notification postmarked within the time limit specified.

2) For initial determinations, a health carrier or the carrier’s designated URE shall make the determination and so notify the covered person and their provider within 2 working days of obtaining all necessary information regarding a proposed admission, procedure or service requiring a review determination. A carrier or the carrier’s designated URE shall make a good faith effort to obtain all necessary information expeditiously, and is responsible for expeditious retrieval of necessary information in the possession of a person with whom the health carrier contracts. A health carrier or the carrier’s designated URE shall comply with the notification requirements of Title 24-A M.R.S.A. §4304(2). For purposes of this section, "necessary information" includes the results of any face-to-face clinical evaluation or second opinion that may be required.

3) For concurrent review determinations, a health carrier or the carrier’s designated URE shall make the determination within one working day of obtaining all necessary information.

a) In the case of a determination to certify an extended stay or additional services, the carrier or the carrier’s designated URE shall so notify the covered person and the provider rendering the service within one working day. 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.

b) In the case of an adverse determination, the carrier or the carrier’s designated URE shall so notify the covered person and the provider rendering the service within one working day. The service shall be continued without liability to the covered person until the covered person has been notified of the determination.

4) For retrospective review determinations, a health carrier or the carrier’s designated URE shall make the determination within 30 working days of receiving all necessary information.

a) In the case of a certification, the carrier or the carrier’s designated URE may notify in writing the covered person and the provider rendering the service.

b) In the case of an adverse determination, the carrier or the carrier’s designated URE shall within 5 working days of making the adverse determination notify in writing the provider rendering the service and the covered person. A health carrier or the carrier’s designated URE shall not without adequate written notice to the covered person prior to his or her receipt of previously authorized services render an adverse decision with regard to health care services authorized pursuant to prospective review, except where fraudulent or materially incorrect information was provided to the carrier at the time prior approval was granted, and the information was relied upon by the carrier in rendering its approval.

5) A written notification of an adverse determination shall include the principal reasons 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. The notification must include a phone number the covered person may call for information on and assistance with initiating an appeal or reconsideration and/or requesting clinical rationale and review criteria. The carrier or the carrier’s designated URE shall respond expeditiously to such written requests.

6) A health carrier or the carrier’s designated URE shall have written procedures to address the failure or inability of a provider or a covered person to provide all clinically relevant, necessary information for review. In cases where the provider or a covered person will not release necessary information, the health carrier or the carrier’s designated URE may deny certification.
Requests for Reconsideration

1) In a case involving an initial determination or a concurrent review determination, a health carrier or the carrier’s designated URE shall give the provider rendering the service an opportunity to request by telephone, fax or in writing on behalf of the covered person a reconsideration of an adverse determination by the reviewer making the adverse determination.

2) The reconsideration shall occur within one working day of the receipt of the request and shall be conducted between the provider rendering the service and the reviewer who made the adverse determination or a clinical peer designated by the reviewer if the reviewer who made the adverse determination cannot be available within one working day.

3) If the reconsideration process does not resolve the difference of opinion, the adverse determination may be appealed by the covered person or the provider on behalf of the covered person. Reconsideration is not a prerequisite to a standard appeal or an expedited appeal of an adverse determination.
Appeals of Adverse Determinations

For purposes of this section, the term "covered person" includes the representative of a covered person.

1) Standard Appeals

a) A health carrier or the carrier’s designated URE shall establish written procedures for a standard appeal of an adverse determination. HMO enrollees shall retain the right to pursue an appeal directly with the HMO. Appeal procedures shall be available to the covered person and to the provider acting on behalf of the covered person.

b) Appeals shall be evaluated by an appropriate clinical peer or peers. The clinical peer/s shall not have been involved in the initial adverse determination, unless the appeal presents additional information the decision maker was unaware of at the time of rendering the initial adverse determination.

c) For standard appeals, the health carrier or the carrier’s designated URE shall notify in writing both the covered person and the attending or ordering provider of the decision within 20 working days following the request for an appeal. Additional time is permitted where the carrier or the carrier’s designated URE can establish the 20 day time frame cannot reasonably be met due to the carrier’s or designee’s inability to obtain necessary information from a person or entity not affiliated with or under contract with the carrier. The carrier or the carrier’s designated URE, shall provide written notice of the delay to the covered person and the attending or ordering provider. The notice shall explain the reasons for the delay. In such instances, decisions must be issued within 20 days of the carrier’s or designee’s receipt of all necessary information. An adverse decision shall contain:

i) The names, titles and qualifying credentials of the person or persons evaluating the appeal;

ii) A statement of the reviewers' understanding of the reason for the covered person's request for an appeal;

iii) The reviewers' decision in clear terms and the clinical rationale in sufficient detail for the covered person to respond further to the health carrier's position;

iv) A reference to the evidence or documentation used as the basis for the decision, including the clinical review criteria used to make the determination. The decision shall include instructions for requesting copies of any referenced evidence, documentation or clinical review criteria not previously provided to the covered person. Where a covered person had previously submitted a written request for the clinical review criteria relied upon by the health carrier or the carrier’s designated URE in rendering its initial adverse determination, the decision shall include copies of any additional clinical review criteria utilized in arriving at the decision.

v) The notice must advise of any subsequent appeal rights, and the procedure and time limitation for exercising those rights. Notice of external review rights must be provided to the enrollee as required by 24-A M.R.S.A. §4312(3). A description of the process for submitting a written request for second level grievance review pursuant to section 9(D) must include the rights specified in section 9(D)(3)(c).

2) Expedited Appeals

A health carrier or the carrier’s designated URE shall establish written procedures for the expedited review of an adverse determination involving a situation where the time frame of the standard review procedures set forth in subsection G(1) would seriously jeopardize the life or health of a covered person or would jeopardize the covered person's ability to regain maximum function. An expedited appeal shall be available to, and may be initiated by, the covered person or the provider acting on behalf of the covered person.

a) Expedited appeals shall be evaluated by an appropriate clinical peer or peers. The clinical peer/s shall not have been involved in the initial adverse determination.

b) A health carrier, or the carrier’s designated URE shall provide expedited review to all requests concerning an admission, availability of care, continued stay or health care service for a covered person who has received emergency services but has not been discharged from a facility.

c) In an expedited review, all necessary information, including the health carrier's or the carrier’s designated URE’s decision, shall be transmitted between the health carrier or the carrier’s designated URE and the covered person or the provider acting on behalf of the covered person by telephone, facsimile, electronic means or the most expeditious method available.

d) In an expedited review, a health carrier or the carrier’s designated URE shall make a decision and notify the covered person and the provider acting on behalf of the covered person via telephone as expeditiously as the covered person's medical condition requires, but in no event more than 72 hours after the review is initiated. If the expedited review is a concurrent review determination of emergency services under subsection H of this section or of an initially authorized admission or course of treatment, the service shall be continued without liability to the covered person until the covered person has been notified of the determination.

e) If the initial notification was not in writing, a health carrier or the carrier’s designated URE shall provide written confirmation of its decision concerning an expedited review within 2 working days of providing notification of that decision. An adverse decision shall contain the provisions specified in subsection G(1)(c) above.

A health carrier or the carrier’s designated URE is not required to provide an expedited review for retrospective adverse determinations.
Emergency Services

When conducting utilization review or making a benefit determination for emergency services:

1) A health carrier shall cover emergency services necessary to screen and stabilize a covered person, and shall not require prior authorization of such services if a prudent lay person acting reasonably would have believed that an emergency medical condition existed. For purposes of this subsection, the terms “screening” and “stabilize” shall be interpreted consistent with Section 1867 of the Social Security Act at 42 U.S.C.A. §1395dd. With respect to care obtained from a non-contracting provider within the service area of a managed care plan, a health carrier shall cover emergency services necessary to screen and stabilize a covered person and shall not require prior authorization of the services if a prudent layperson would have reasonably believed that use of a contracting provider would result in a delay that would worsen the emergency, or if a provision of federal, state or local law requires the use of a specific provider.

2) A health carrier shall cover emergency services if the health carrier, acting through a participating provider or other authorized representative, has authorized the provision of emergency services.

3) If a participating provider or other authorized representative of a health carrier authorizes emergency services, the health carrier shall not subsequently retract its authorization after the emergency services have been provided, or reduce payment for an item or service furnished in reliance on approval, unless the approval was based on fraudulent or materially incorrect information.

4) Coverage of emergency services shall be subject to applicable copayments, coinsurance and deductibles.

5) For immediately required post-evaluation or post-stabilization services, a health carrier shall provide access to a representative authorized to review the requested services and determine medical necessity 24 hours a day, 7 days a week, or services shall be provided without liability to the covered person until such time as an authorized representative is available.
Disclosure Requirements

1) A health carrier shall include a clear and reasonably comprehensive description of its utilization review procedures, including the procedures for obtaining review of adverse determinations, and a statement of rights and responsibilities of covered persons with respect to those procedures in the certificate of coverage or member handbook provided to covered persons. The statement of rights shall disclose the member’s right to request in writing and receive copies of any clinical review criteria utilized in arriving at any adverse determination pertaining to the member.

2) A health carrier shall include a summary of its utilization review procedures in materials intended for prospective covered persons. Health carriers who offer managed care plans shall include utilization review procedure summaries in materials intended for prospective network providers.

3) A health carrier requiring enrollees to initiate utilization review shall print on its membership cards a toll-free telephone number to call for utilization review decisions.

Section 9. Grievance Procedure

Except as otherwise specified, this section shall apply to all health carriers. A carrier accredited by a nationally recognized accrediting organization may seek a waiver from the requirements of any or all of the standards of subsections C and D of this section. A waiver request must include:

1) certification by the carrier that it is subject to substantially similar standards by the accrediting organization and proof of current accreditation;

2) a copy of the applicable standards for the Superintendent’s consideration along with a statement identifying with specificity any differences between those standards and the requirements of this section; and,

3) the carrier’s written agreement to be held accountable to the Superintendent for compliance with the accrediting organization standards at issue and to be subject to the Superintendent’s enforcement authority for any violation of those standards.

Should the Superintendent grant the requested waiver, the applicable accrediting organization’s standards are fully enforceable by the Superintendent against the carrier.

Grievance Register

1) A health carrier shall maintain written records to document all grievances received during a calendar year (the register). Standard and expedited appeals pursuant to Section 8(G) of this rule shall not be considered a grievance for purposes of the grievance register. For each grievance the register shall contain, at a minimum, the following information:

a) A general description of the reason for the grievance;

b) Date received;

c) Date of each review or hearing;

d) Resolution at each level of the grievance;

e) Date of resolution at each level; and

f) Name of the covered person for whom the grievance was filed.

2) The register shall be maintained in a manner that is reasonably clear and accessible to the Superintendent.

3) A health carrier shall retain the register compiled by calendar year for the longer of 3 years or until the Superintendent has adopted a final report of an examination that contains a review of the register maintained for the period of the examination.
Grievance Procedures

A health carrier shall establish and implement written procedures for receiving and resolving grievances from covered persons consistent with the requirements of subsections C and D of this section. For purposes of this section, the term “covered person” includes the representative of a covered person.

1) On or before six months from the effective date of this rule, a health carrier shall certify to the Superintendent that it has implemented the grievance standards and procedures required by this section.

2) A description of the grievance procedure shall be set forth in or attached to the policy, certificate, membership booklet, outline of coverage or other evidence of coverage provided to covered persons. The grievance procedure description shall include a statement of a covered person's right to contact the Superintendent’s office for assistance at any time. The statement shall include the toll free telephone number and address of the Bureau of Insurance.
First Level Grievance Review

1) A grievance concerning any matter except an adverse utilization review determination may be submitted by a covered person or a covered person's representative. First level appeals of adverse health care treatment decisions are subject to the requirements of section 8(G) of this rule. A covered person does not have the right to attend, or to have a representative in attendance, at the first level grievance review, but is entitled to submit written material to the reviewer. The health carrier shall provide the covered person the name, address and telephone number of a person designated to coordinate the grievance review on behalf of the health carrier. The health carrier shall make these rights known to the covered person within 3 working days of receiving a grievance.

a) A health carrier shall issue a written decision to the covered person within 20 working days after receiving a grievance. Additional time is permitted where the carrier can establish the 20 day time frame cannot reasonably be met due to the carrier’s inability to obtain necessary information from a person or entity not affiliated with or under contract with the carrier. The carrier shall provide written notice of the delay to the covered person. The notice shall explain the reasons for the delay. In such instances, decisions must be issued within 20 days of the carrier’s receipt of all necessary information. The person or persons reviewing the grievance shall not be the same person or persons who made the initial determination denying a claim or handling the matter that is the subject of the grievance.

b) If the decision is adverse to the covered person, the written decision shall contain:

i) The names, titles and qualifying credentials of the person or persons participating in the first level grievance review process (the reviewers).

ii) A statement of the reviewers' understanding of the covered person's grievance and all pertinent facts.

iii) The reviewers' decision in clear terms and the basis for the decision.

iv) A reference to the evidence or documentation used as the basis for the decision.

v) Notice of the covered person's right to contact the Superintendent’s office. The notice shall contain the toll free telephone number and address of the Bureau of Insurance.

vi) Notice to the enrollee describing any subsequent external review rights, if required by 24-A M.R.S.A. §4312(3).

vii) A description of the process to obtain a second level grievance review of a decision, the procedures and time frames governing a second level grievance review, and the rights specified in subsection D(3)(c). This requirement does not apply to carriers who do not subject benefit determinations to utilization review and do not offer managed care plans as defined by this rule.
Second Level Grievance Review

1) A health carrier that subjects benefit determinations to utilization review or offers managed care plans shall provide a second level grievance review process to persons covered under such plans who are dissatisfied with either a first level grievance review decision under this section or an adverse health care treatment decision from a standard or expedited appeal under section 8(G)(1) or 8(G)(2). The covered person pursuing a second level grievance process has the right to appear in person before authorized representatives of the health carrier, and shall be provided adequate notice of that option by the carrier.

This subsection shall not apply to health indemnity plans that do not offer managed care plans, do not subject benefit determinations to utilization review, and have not denied benefits based on experimental/ investigational treatment or pre-existing condition exclusions.

2) Second level grievance review panels

a) For second level grievances involving an adverse health care treatment decision, a health carrier shall appoint a second level grievance review panel for each grievance. A majority of the panel shall be comprised of health care professionals who are clinical peers. In cases where there has been a denial of service, the reviewing health care professionals shall not have a financial interest in the outcome of the review. A majority of the panel shall also be comprised of persons who were not previously involved in the grievance, however a person who was previously involved with the grievance may be a member of the panel or appear before the panel to present information or answer questions. The panel must include at least one health care professional who is a clinical peer and was not previously involved with the grievance. The health carrier’s designated URE may fulfill the requirements of this subsection on the carrier’s behalf, except that the carrier may not subcontract all responsibility for member grievance system operation or resolution to providers or networks under contract with the carrier for the provision of services to enrollees, and enrollees shall retain the right to pursue a grievance directly with the carrier.

b) For second level review of all grievances other than those concerning an adverse health care treatment decision, a health carrier shall appoint a second level grievance review panel for each grievance. A majority of the panel shall be comprised of employees or representatives of the health carrier who were not previously involved in the grievance, however, an employee or representative of the health carrier who was previously involved with the grievance may be a member of the panel or appear before the panel to present information or answer questions.

3) Whenever a covered person has requested the opportunity to appear in person before authorized representatives of the health carrier, a health carrier's procedures for conducting a second level panel review shall include the following:

a) The review panel shall schedule and hold a review meeting within 45 working days of receiving a request from a covered person for a second level review. The review meeting shall be held during regular business hours at a location reasonably accessible to the covered person. In cases where a face-to-face meeting is not practical for geographic reasons, a health carrier shall offer the covered person the opportunity to communicate with the review panel, at the health carrier's expense, by conference call, video conferencing, or other appropriate technology. The covered person shall be notified in writing at least 15 working days in advance of the review date. The health carrier shall not unreasonably deny a request for postponement of the review made by a covered person.

b) Upon the request of a covered person, a health carrier shall provide to the covered person all relevant information that is not confidential or privileged.

c) A covered person has the right to:

i) Attend the second level review;

ii) Present his or her case to the review panel;

iii) Submit supporting material both before and at the review meeting;

iv) Ask questions of any representative of the health carrier; and

v) Be assisted or represented by a person of his or her choice.

d) If the health carrier will have an attorney present to argue its case against the member, the carrier shall so notify the covered person at least I5 working days in advance of the review, and shall advise the covered person of their right to obtain legal representation.

e) The covered person's right to a fair review shall not be made conditional on the covered person's appearance at the review.

f) The review panel shall issue a written decision to the covered person within 5 working days of completing the review meeting. A decision adverse to the covered person shall include the requirements set forth in subsection 9(C)(1)(b)(i-vi).

Section 10. Reporting Requirements

The annual reports to the Superintendent required of HMOs pursuant to Title 24-A M.R.S.A. §§ 4211, 4228 and carriers pursuant to 4302(2), are due on March 1st of each year, except that an HMO or carrier which has been licensed less than 6 months as of March 1st shall not be required to report until the following year. The annual Access Plan updates required by this Rule are due on March 1st of each year, except that a carrier which has filed its first access plan within 6 months of March 1st shall not be required to update its plan until the following year.

STATUTORY AUTHORITY: 24-A M.R.S.A. §§ 2772-2774, 4218, 4222-A, 4303 and 4309

EFFECTIVE DATE (AS CHAPTER 520):
February 9, 1991

EFFECTIVE DATE (ELECTRONIC CONVERSION):
January 14, 1997

CHAPTER 520 REPEALED, REPLACED BY CHAPTER 850:
October 25, 1997. (Note: As specified in Section 4 (A), this is 180 days after final adoption, which occurred on April 28,1997.)

AMENDED:
March 19, 2002
January 3, 2004, filing 2003-485 - Subsection 7(G), routine technical language only

NON-SUBSTANTIVE CORRECTIONS:
February 4, 2004 - language restored in Section 7.C.3).c)
March 24, 2004 - minor punctuation and spacing

AMENDED:
June 9, 2004 - filing 2004-153, major substantive language

NON-SUBSTANTIVE CORRECTION:
August 31, 2004 - spelling in Section 3

AMENDED:
The 2007 Amendments to the Rule are major substantive amendments and were provisionally adopted on December 6, 2007. Pursuant to 5 M.R.S.A. § 8072 the Rule has legal effect only after review by the Legislature followed by final adoption by the agency. The 2007 Amendments to the Rule are effective June 29, 2008.