§ 38-71-2010 — Standards for approval of independent review organizations.

(A) To be approved under Section 38-71-2000 to conduct external reviews, an independent review organization shall have and maintain written policies and procedures that govern all aspects of both the standard external review process and the expedited external review process set forth in Sections 38-71-1970 and 38-71-1980 that include, at a minimum: (1) a quality assurance mechanism in place that ensures: (a) that external reviews are conducted within the specified time frames and required notices are provided in a timely manner; (b) the selection of qualified and impartial clinical peer reviewers to conduct external reviews on behalf of the independent review organization and suitable matching of reviewers to specific cases; (c) the confidentiality of medical and treatment records and clinical review criteria; and (d) that any person employed by or under contract with the independent review organization adheres to the requirements of this article; (2) a toll-free telephone service to receive information on a 24-hour-day, 7-day-a-week basis related to external reviews that is capable of accepting, recording, or providing appropriate instruction to incoming telephone callers during other than normal business hours; and (3) agree to maintain and provide to the director or his designee the information set out in Section 38-71-2030. (B) All clinical peer reviewers assigned by an independent review organization to conduct external reviews must be physicians or other appropriate health care providers who: (1) are knowledgeable about the recommended health care service or treatment through recent or current actual clinical experience treating patients with the same or similar medical condition of the covered person; and (2) hold a nonrestricted license in a state of the United States and, for physicians, a current certification by a recognized American medical specialty board in the area or areas appropriate to the subject of the external review. (C) In addition to the requirements set forth in subsection (A), an independent review organization may not own or control, be a subsidiary of or in any way be owned or controlled by, or exercise control with a health benefit plan, a national, state, or local trade association of health benefit plans, or a national, state, or local trade association of health care providers. (D)(1) In addition to the requirements set forth in subsections (A), (B), and (C), to be approved pursuant to Section 38-71-2000 to conduct an external review of a specified case, neither the independent review organization selected to conduct the external review nor any clinical peer reviewer assigned by the independent review organization to conduct the external review may have a material professional, familial, or financial conflict of interest with: (a) the health carrier that is the subject of the external review; (b) the covered person whose treatment is the subject of the external review or his authorized representative; (c) any officer, director, or management employee of the health carrier that is the subject of the external review; (d) the health care provider or the health care provider's medical group or independent practice association recommending the health care service or treatment that is the subject of the external review; (e) the facility at which the recommended health care service or treatment would be provided; or (f) the developer or manufacturer of the principal drug, device, procedure, or other therapy being recommended for the covered person whose treatment is the subject of the external review.

Legislative History

HISTORY: 2000 Act No. 380, SECTION 3A.