20-2532

20-2532. Utilization review standards and
criteria; requirements

A. Each utilization review agent shall:

1. Adopt a written utilization review plan with standards and criteria that apply
to all utilization review decisions and that are objective, clinically valid and
compatible with established principles of health care.

2. Establish the utilization review plan with input from physician advisors who
represent major medical specialties and who are certified or board eligible under the
standards of the appropriate American medical specialty board.

3. Include in the adopted utilization review plan a process for prompt initial
reconsideration of an adverse decision and a process for appeals that meet the
requirements of this article. This paragraph shall not apply to utilization review
activities limited to retrospective claims review.

B. Deviations from the written standards and criteria in the utilization review
plan are permitted if the utilization review agent determines that the member and other
members with similar symptoms and diagnoses would materially benefit from new treatments
available because of medical or technological advances made since the adoption of the
utilization review plan and made in accordance with accepted medical standards. This
subsection shall not apply to utilization review activities limited to retrospective
claims review. Nothing in this subsection creates a private right or cause of action
against a health care insurer or utilization review agent for failure to deviate from the
utilization review plan.

C. A health care insurer who utilizes the services of an outside utilization review
agent shall adopt a utilization review plan pursuant to subsections A and B of this
section. The utilization review plan adopted and filed by the health care insurer who
utilizes the services of an outside utilization review agent is deemed adopted by that
utilization review agent.

D. A health care insurer who utilizes the services of an outside utilization review
agent is responsible for the utilization review agent's acts that are within the scope of
the written and filed utilization review plan.

E. Notwithstanding section 20-2502, subsection B, each utilization review agent
shall file a notice with the director that provides a specific description and the
published date of the source of the written standards and criteria of the utilization
review plan and that certifies that the utilization review plan in use complies with the
requirements of this section, is available for review and inspection at a designated
location in this state or at an office accessible to authorized representatives of the
director in another state and is the complete utilization review plan with all standards
and criteria on which utilization review decisions are based. A copy of any portion of
the utilization review plan on which any adverse decisions have been based shall be made
before the effective date of any modification and the utilization review agent shall
retain a copy at the designated location for review and inspection for a period of five
years after the date of the modification. If at any time a complete change in the
written standards and criteria occurs, the utilization review agent shall submit a new
certification filing notice with the director.

F. On or before March 1 of each year after the year in which the utilization review
agent filed the notice prescribed in subsection E of this section, the utilization review
agent or the agent's successor shall submit a signed and notarized annual report to the
director that includes the designated location for review and inspection by the director
or the director's authorized representative and that certifies that:

1. The utilization review plan and all modifications remain in compliance with the
requirements of this section.

2. The utilization review agent will conduct all utilization reviews in accordance
with the plan.

3. All adverse decisions made in the prior year were based on the plan in effect on
the date of those decisions.

G. On written request, the utilization review agent shall provide copies to any
member or the member's treating provider of:

1. Those portions of the utilization review agent's utilization review plan that
are relevant to the request for a covered service or claim for a covered service.

2. The protocols or guidelines that were used if the standards and criteria adopted
are based on protocols or guidelines developed by an American medical specialty board.

H. Any person who requests records pursuant to subsection G of this section shall
direct the request to the utilization review agent and not to the department.

I. If the utilization review plan is copyrighted by a person other than the
utilization review agent, the health care insurer shall make a good faith effort to
obtain permission from that person to make copies of the relevant material. If the
health care insurer is unable to secure copyright permission, the utilization review
agent shall provide a detailed summary of the relevant portions of the utilization review
plan.

J. Health care insurers having utilization review activities limited to
retrospective claims review shall be required to adopt only those procedures and sources
of review that are traditionally associated with and necessary for retrospective claims
review.