36-2989

36-2989. Covered health and medical services;
modifications; related delivery of service requirements

A. Except as provided in this section, beginning on October 1, 2001, health and
medical services as defined in section 36-2907 are covered services and include:

1. Inpatient hospital services that are ordinarily furnished by a hospital for the
care and treatment of inpatients, that are medically necessary and that are provided
under the direction of a physician or a primary care practitioner. For the purposes of
this paragraph, inpatient hospital services exclude services in an institution for
tuberculosis or mental diseases unless authorized by federal law.

2. Outpatient health services that are medically necessary and ordinarily provided
in hospitals, clinics, offices and other health care facilities by licensed health care
providers. For the purposes of this paragraph, "outpatient health services" includes
services provided by or under the direction of a physician or a primary care
practitioner.

3. Other laboratory and x-ray services ordered by a physician or a primary care
practitioner.

4. Medications that are medically necessary and ordered on prescription by a
physician, a primary care practitioner or a dentist licensed pursuant to title 32,
chapter 11.

5. Medical supplies, equipment and prosthetic devices.

6. Treatment of medical conditions of the eye including eye examinations for
prescriptive lenses and the provision of prescriptive lenses for members.

7. Medically necessary dental services.

8. Well child services, immunizations and prevention services.

9. Family planning services that do not include abortion or abortion counseling.
If a contractor elects not to provide family planning services, this election does not
disqualify the contractor from delivering all other covered health and medical services
under this article. In that event, the administration may contract directly with another
contractor, including an outpatient surgical center or a noncontracting provider, to
deliver family planning services to a member who is enrolled with a contractor who elects
not to provide family planning services.

10. Podiatry services that are performed by a podiatrist licensed pursuant to title
32, chapter 7 and that are ordered by a primary care physician or primary care
practitioner.

11. Medically necessary pancreas, heart, liver, kidney, cornea, lung and heart-lung
transplants and autologous and allogeneic bone marrow transplants and immunosuppressant
medications for these transplants ordered on prescription by a physician licensed
pursuant to title 32, chapter 13 or 17.

12. Medically necessary emergency and nonemergency transportation.

13. Inpatient and outpatient behavioral health services that are the same as the
least restrictive health benefits coverage plan for behavioral health services that are
offered through a health care services organization for state employees under section
38-651.

B. The administration shall pay noncontracting providers only for health and
medical services as prescribed in subsection A of this section.

C. To the extent possible and practicable, the administration and contractors shall
provide for the prior approval of medically necessary services provided pursuant to this
article.

D. The director shall make available home health services in lieu of
hospitalization pursuant to contracts awarded under this article.

E. Behavioral health services shall be provided to members through the
administration's intergovernmental agreement with the division of behavioral health in
the department of health services. The division of behavioral health in the department
of health services shall use its established diagnostic and evaluation program for
referrals of children who are not already enrolled pursuant to this article and who may
be in need of behavioral health services. In addition to an evaluation, the division of
behavioral health shall also identify children who may be eligible under section 36-2901,
paragraph 6, subdivision (a) or section 36-2931, paragraph 5 and shall refer the children
to the appropriate agency responsible for making the final eligibility determination.

F. The director shall adopt rules for the provision of transportation services for
members. Prior authorization is not required for medically necessary ambulance
transportation services rendered to members initiated by dialing telephone number 911 or
other designated emergency response systems.

G. The director may adopt rules to allow the administration to use a second opinion
procedure under which surgery may not be eligible for coverage pursuant to this article
without documentation as to need by at least two physicians or primary care
practitioners.

H. All health and medical services provided under this article shall be provided in
the geographic service area of the member, except:

1. Emergency services and specialty services.

2. The director may permit the delivery of health and medical services in other
than the geographic service area in this state or in an adjoining state if it is
determined that medical practice patterns justify the delivery of services or a net
reduction in transportation costs can reasonably be expected. Notwithstanding section
36-2981, paragraph 8 or 11, if services are procured from a physician or primary care
practitioner in an adjoining state, the physician or primary care practitioner shall be
licensed to practice in that state pursuant to licensing statutes in that state that are
similar to title 32, chapter 13, 15, 17 or 25.

I. Covered outpatient services shall be subcontracted by a primary care physician
or primary care practitioner to other licensed health care providers to the extent
practicable for purposes of making health care services available to underserved areas,
reducing costs of providing medical care and reducing transportation costs.

J. The director shall adopt rules that prescribe the coordination of medical care
for members and that include a mechanism to transfer members and medical records and
initiate medical care.

K. The director shall adopt rules for the reimbursement of specialty services
provided to the member if authorized by the member's primary care physician or primary
care practitioner.