§ 27-8-29-13 — Requirements for external grievance procedure; independent review organizations

Indiana § 27-8-29-13

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 8: LIFE, ACCIDENT, AND HEALTH
• Ch. 29: External Review of Grievances

Text

(a) An external grievance procedure
established under section 12 of this chapter must:
(1) allow a covered individual, or a covered individual's
representative, to file a written request with the insurer for an
external grievance review of the insurer's
(A) appeal resolution under IC 27-8-28-17 or
(B) denial of coverage based on a waiver described in IC 27-8-5-2.5(e) (expired July 1, 2007, and removed) or IC 27-8-5-19.2 (expired July 1, 2007, and repealed);
not more than one hundred twenty (120) days after the covered
individual is notified of the resolution; and
(2) provide for:
(A) an expedited external grievance review for a grievance
related to an illness, a disease, a condition, an injury, or a
disability if the time frame for a standard review would
seriously jeopardize the covered individual's:
(i) life or health; or
(ii) ability to reach and maintain maximum function; or
(B) a standard external grievance review for a grievance not
described in clause (A).
A covered individual may file not more than one (1) external grievance
of an insurer's appeal resolution under this chapter.
(b) Subject to the requirements of subsection (d), when a request is
filed under subsection (a), the insurer shall:
(1) select a different independent review organization for each
external grievance filed under this chapter from the list of
independent review organizations that are certified by the
department under section 19 of this chapter; and
(2) rotate the choice of an independent review organization
among all certified independent review organizations before
repeating a selection.
(c) The independent review organization chosen under subsection
(b) shall assign a medical review professional who is board certified in
the applicable specialty for resolution of an external grievance.
(d) The independent review organization and the medical review
professional conducting the external review under this chapter may not
have a material professional, familial, financial, or other affiliation with
any of the following:
(1) The insurer.
(2) Any officer, director, or management employee of the insurer.
(3) The health care provider or the health care provider's medical
group that is proposing the service.
(4) The facility at which the service would be provided.
(5) The development or manufacture of the principal drug, device,
procedure, or other therapy that is proposed for use by the treating
health care provider.
(6) The covered individual requesting the external grievance
review.
However, the medical review professional may have an affiliation
under which the medical review professional provides health care
services to covered individuals of the insurer and may have an
affiliation that is limited to staff privileges at the health facility, if the
affiliation is disclosed to the covered individual and the insurer before
commencing the review and neither the covered individual nor the
insurer objects.
(e) A covered individual shall not pay any of the costs associated
with the services of an independent review organization under this
chapter. All costs must be paid by the insurer.

Legislative History

As added by P.L.66-2001, SEC.3 and P.L.203-2001, SEC.14. Amended by P.L.1-2002, SEC.118; P.L.211-2003, SEC.8; P.L.3-2008, SEC.217; P.L.160-2011, SEC.24.