Current through Register Vol. 49, No. 18, September 16, 2024
(1) The written
utilization review program document required of health carriers by section
376.1359.1, RSMo, H.B. 335 (First Regular Session of the 89th General Assembly
1997), for plans containing a managed care component shall describe-
(A) Policies, processes and procedures which
govern all aspects of the utilization review process, including but not limited
to:
1. Scope and objectives;
2. Program organization;
3. Monitoring and oversight
mechanisms;
4. Evaluation and
organizational improvement of clinical review activities; and
5. Delegation of responsibility for
utilization review activities;
(B) Policies, processes and procedures to
ensure that patient-specific information collected during the utilization
review process-
1. Is kept confidentially in
accordance with applicable federal and state laws; and
2. Is limited to that information necessary
for utilization review of the services under review;
(C) Policies, processes and procedures
concerning utilization review decision criteria which-
1. Require the utilization review decision to
be in writing;
2. Document the
clinical utilization review criteria used;
3. Require utilization review criteria to be
based on sound clinical evidence;
4. Provide for periodic evaluations of the
utilization review decision criteria to assure ongoing efficacy; and
5. Coordinate the utilization review program
with other medical management activities conducted by the health carrier, such
as quality assurance, credentialing, provider contracting, data reporting,
grievance procedures, processes for accessing member satisfaction and risk
management;
(D) Policies
requiring the medical director administering the program to be a qualified
health care professional licensed in the state of Missouri;
(E) The utilization review decision-making
policies, processes, and procedures including, but not limited to, those that
ensure:
1. Decisions are made in a timely
manner as required by sections
376.1363,
376.1365
and
376.1367,
RSMo, H.B. 335 (First Regular Session of the 89th General Assembly
1997);
2. The health carrier
obtains all information required to make utilization review decisions,
including pertinent clinical information;
3. Utilization reviewers apply clinical
review criteria consistently;
4.
Adverse determinations are evaluated by a clinical peer, licensed in any state,
as to appropriateness, either before or after the determination is
made;
5. Timely access to review
staff is provided to enrollees and providers by means of a toll-free
number;
6. Enrollees or providers
on behalf of enrollees may appeal for coverage of medically necessary
pharmaceutical prescriptions and durable medical equipment as part of the
process; and
7. Compliance with
section
376.1367,
RSMo, H.B. 335 (First Regular Session of the 89th General Assembly 1997),
concerning emergency services;
(F) The data systems used in utilization
review program activities and the manner in which the health carrier measures
the system's ability to generate management reports to enable the health
carrier to monitor and manage health care services effectively;
(G) All policies, processes and procedures
whereby the health carrier maintains oversight of utilization review activities
delegated to a utilization review organization, including:
1. Those ensuring that appropriate personnel
have operational responsibility for the conduct of the utilization review
program;
2. Those ensuring the
utilization review organization complies with sections
376.1350 to 376.1390,
RSMo, H.B. 335 (First Regular Session of the 89th General Assembly
1997);
3. A description of the
utilization review organization's activities and responsibilities, including
reporting requirements; and
4.
Those by which the health carrier evaluates the performance of the utilization
review organization;
(H)
All processes and procedures for making, reconsidering and appealing
utilization review determinations;
(I) All processes and procedures for
notifying enrollees and providers acting on behalf of the enrollees, and any
other party entitled to notice, of-
1. The
health carrier's determinations;
2.
Instructions for initiating an appeal or reconsideration; and
3. Instructions for requesting a written
statement of the clinical rationale, including the review criteria, used to
make the determination; and
(J) All policies and procedures addressing
the failure or inability of a provider or an enrollee to provide all necessary
information for review.
(2) A health carrier may satisfy the
requirements of section (1) by implementing the most recent utilization review
program document it has submitted to either the Utilization Review
Accreditation Commission (URAC) or the National Committee for Quality Assurance
(NCQA) for certification, or to any similar entity, but only if-
(A) The utilization review program document
submitted for accreditation is supplemented to include the information required
by section (1); and
(B) The
utilization review program document reflects current policies, processes and
procedures which the health carrier applies to the plan.
*Original authority: 374.045, RSMo 1967, amended 1993, 1995
and 376.1359, RSMo 1997.