958 CMR 3.414
Continuation of Services
(1) If the subject matter of the expedited or non-expedited external review involves the
termination of ongoing services, the insured or insured’s authorized representative may apply to
the external review agency to seek the continuation of coverage for the terminated service during
the period the review is pending. The insured or the insured’s representative should include,
when applying, any evidence of a pattern of denials that have been overturned by prior internal
or external review. Any such request to the external review agency must be made before the end
of the second business day following receipt of the final adverse determination, or when the
internal and external reviews are filed simultaneously, the second business day following receipt
of the adverse determination.
The external review agency shall order the continuation of coverage or treatment where it
determines that substantial harm to the insured’s health may result absent such continuation or
for such other good cause as the external review agency shall determine, which shall include, but
not be limited to, a pattern of denials that have been overturned by prior internal or external
reviews. Continuation of coverage shall be at the carrier’s expense regardless of the final
external review determination.
(2) A request for continuation of coverage by an insured or insured's authorized representative
shall be included in the external review request, on the external review request form issued by
the Office of Patient Protection.
(3) If continuation of coverage was provided during the internal review process, then any
continuation of coverage ordered during the external review shall follow immediately upon the
prior coverage so that there is no gap in coverage between the internal review process and
external review process.