Current through Register Vol. 56, No. 24, December 18, 2024
(a) The WCMCO shall file an application for
approval with the Department at the following address:
New Jersey Department of Banking and Insurance
Office of Consumer Protection Services
Managed Care
Attn: WCMCO
20 West State Street
PO Box 329
Trenton, NJ 08625-0329
(b) The WCMCO application form and filing
instructions can be found on the Department's website:
http://www.state.nj.us/dobi/division_insurance/managedcare/mcapps.htm.
The WCMCO application shall include the following:
1. Copies of the WCMCO basic organizational
documents, which shall include the certificate of incorporation and/or by-laws
indicating managed care responsibilities, if applicable;
2. A general diagram illustrating functional
responsibilities within the WCMCO which shall also identify all subcontracted
entities and the functions they perform;
3. An organizational chart reflecting all
affiliated companies;
4. The
location of the place of business where the WCMCO administers the plan and
maintains its records;
5.
Satisfactory evidence of the WCMCO's ability to meet the financial requirements
necessary to ensure delivery of service in accordance with the plan;
6. The WCMCO's most recent audited financial
report and the last three quarters unaudited financial reports, or its
capitalization and projections if a newly organized WCMCO, as well as any other
financial information required by 11:6-2.15;
7. A listing of the WCMCO's officers and
directors and of the individuals within the WCMCO responsible for managed care,
and a biographical affidavit for each or the NAIC biographical affidavit, which
is incorporated herein by reference, as amended and supplemented, and is
available at
http://content.naic.org/industry/ucaa;
8. Verification of the medical director's
board certification;
9. The
identity of a communication liaison for the Department, employers, workers and
the insurer at the WCMCO's location. The responsibilities of the liaison shall
include, but not be limited to, responding to questions and providing direction
regarding outgoing correspondence, medical bills, case management and medical
services;
10. A narrative
description of the places and protocol of providing services under the plan,
including a description of the initial geographical service area. The
geographical service area shall be designated as the counties in which work
sites are located; a description of the number and type of disciplines of
medical service providers to treat work-related injuries and illnesses, such as
orthopedic, chiropractic, dental and ophthalmologic services; and a description
of the number of care coordinator physicians in the WCMCO. The WCMCO shall
maintain an adequate number of care coordinator physicians to provide the level
and quality of medical treatment and services as required under the Workers'
Compensation Law,
N.J.S.A. 34:15-1 et seq. The requirements
of this paragraph shall be met unless the WCMCO adequately demonstrates the
unavailability of a particular type of provider in a particular geographic
service area;
11. A list of the
names, addresses and specialties of the individuals, providers, rehabilitation
centers, hospitals and other facilities that will provide services under the
managed care plan. This list shall indicate which medical service providers
will act as care coordinator physicians within the WCMCO. In addition, the
WCMCO shall provide a map of the service area, indicating the location of the
providers by type;
12. Copies of
specimen contracts and, when available, executed contracts between the WCMCO
and insurer;
13. Copies of
contracts and/or agreements between the WCMCO and any provider network
subcontractors. Copies of executed signature page(s) of such contract,
agreement or other document for each subcontractor shall be sent only upon
request;
14. Specimen copies of all
provider agreements between the WCMCO or its subcontractors and each
participating medical service provider. Copies of executed signature page(s) of
such provider agreements shall be sent only upon request. All provider
agreements or amendments shall comply with the provisions or
N.J.A.C. 11:6-2.10;
15. Evidence of or the WCMCO's certification
of minimum malpractice insurance in the amount of $ 1,000,000/$ 3,000,000 for
each provider. For non-physician providers, self-insurance is acceptable
subject to proof of adequate financial resources;
16. A description of the manner in which the
WCMCO is compensated for its services, whether contracted directly with the
employer or insurance carrier;
17.
A description of the procedures for reimbursement to providers for all services
provided in accordance with the WCMCO plan;
18. A description of the WCMCO treatment
standards and protocols that will govern the medical treatment provided by all
medical service providers, including care coordinator physicians. The number of
providers should be adequate as necessary to ensure that workers of employers
covered by the WCMCO are able to fulfill the requirements of
11:6-2.12;
19. A description of the
WCMCO's quality assurance program, which shall comply with and include, but not
be limited to, the following minimum requirements:
i. A system for resolution and monitoring of
problems and complaints, including, but not limited to, the problems and
complaints of workers;
ii. A
program which specifies the criteria and process for physician peer review;
and
iii. A standardized claimant
medical recordkeeping system designed to facilitate entry of information into
computerized databases for purposes of quality assurance;
20. A description of the WCMCO's program,
under the direction of a case manager and involving cooperative efforts by the
workers, the employer, the insurer, and the workers' compensation managed care
organization, to promote early return-to-work for injured workers in compliance
with the minimum requirements for such programs set forth in
11:6-2.13;
21. A description of the
WCMCO's peer review and utilization review programs in compliance with
11:6-2.14;
22. A description of the
WCMCO's procedure for internal dispute resolution, in coordination with the
insurer, which shall include a method to resolve complaints by injured workers,
medical providers and employers;
23. A description of the method whereby the
WCMCO will provide insurers with information to inform employers of all medical
service providers within the plan and the method whereby workers may be
directed to those providers;
24. A
detailed description of the WCMCO's experience with the management of health
care costs associated with workers' compensation claims and with other health
care claims;
25. The estimated
savings in overall medical costs expected from the use of the WCMCO and the
methodology used in arriving at such estimate;
26. The outline of the operation of the WCMCO
to be provided to employers explaining their rights and responsibilities;
and
27. Any other materials
specifically requested by the Commissioner in connection with a particular
application.
(c) The
Department shall review these documents and grant approval, within 60 days of
the WCMCO's filing a complete application, to those WCMCOs deemed to meet the
criteria set forth in this subchapter. The Commissioner may extend the 60-day
time frame an additional 30 days for good cause shown and shall provide notice
to the WCMCO of such extension. A decision to deny approval shall be
accompanied by a written explanation by the Department of the reasons for
denial.