State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-21_55

§ 90‑21.55.  External review decision.

(a)        Either the insured or enrollee or the personalrepresentative of the insured or enrollee or the managed care entity may use anexternal review decision made in accordance with G.S. 58‑50‑75through G.S. 58‑50‑95, or made in accordance with any successorexternal review process, as evidence in any cause of action which includes anaction brought under this Part, provided that an adequate foundation is laidfor the introduction of the external review decision into evidence and thetestimony is subject to cross‑examination.

(b)        Any information, documents, or other records or materialsconsidered by the Independent Review Organization licensed under Part 4 ofArticle 50 of Chapter 58 of the General Statutes, or the successor reviewprocess, in conducting its review shall be admissible in any action commencedunder this Article in accordance with Chapter 8 of the General Statutes and theNorth Carolina Rules of Evidence. (2001‑446, s.4.7.)