HAR §17-1741-7
HAR §17-1741-7. Restriction
Cite as Haw. Code R. § 17-1741-7
(a) If over-utilization
or abuse continues, the recipient shall be
administratively restricted for no less than
twenty-four months to a primary care physician who is:
(1) Of the client's choice;
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(2) Willing to provide and coordinate services to
the client; and
(3) Certified by the department to participate in
the medical assistance program.
(b) A recipient who over-utilizes services which
are provided by psychotherapists, pharmacies and
dentists shall also be restricted to those providers if
necessary, to further curb recipient abuse.
(c) The individual who is restricted shall be
afforded advance notice and appeals process.
(d) Emergency medical services shall not require
the referral, assistance, or approval of the designated
primary care physician.
(e) The restricted recipient shall receive a
medical authorization card bearing the designated
primary care physician until:
(1) Responsibility for care is transferred to
another physician;
(2) The recipient requests a change in the
primary care physicians and the department
and the affected physician concurs; or
(3) Control is no longer considered necessary by
the designated primary care physician and the
department's medical consultant concurs.
(f) If a recipient fails to select a primary care
physician within thirty days following receipt of
notice of medical service restrictions, the department
shall select a physician who is in good standing with
the medical program.
(g) When a physician willing to participate as
the primary care physician cannot be found, the
department's medical consultant shall provide prior
approval for all health service required by the
restricted recipient with the exception of emergency
care.
(h) The designated physician shall:
(1) Provide and coordinate all medical services
to the client, except for emergency services;
(2) Make referrals for other needed health
services; and
(3) Inform the department when the designated
physician is no longer able to provide
medical services to the recipient.
(i) A recipient shall continue to be restricted
to a designated provider(s) until:
(1) There is documented evidence of that
individual's compliance for at least one full
year; and
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(2) The primary care physician and the
department's medical consultant concur.
(j) When the decision is made to continue
restriction, the recipient shall be afforded advance
notice and the appeals process.
(k) The recipient whose restriction has been
terminated shall be monitored for no less than
twenty-four months and placed back on restriction if
there is evidence of recurrent over-utilization or
abuse of medicaid services during that period.
[Eff 08/01/94 ] (Auth: HRS §346-14; 42 C.F.R.
§431.10) (Imp: 42 C.F.R. §§456.3, 456.23)