19 MAC Pt. 3, R. 15.07
, Rule 15.08 or Rule 15.09of this Regulation and include the
Cite as 19 Miss. Admin. Code Pt. 3, R. 15.07
, Rule 15.08 or Rule 15.09of this Regulation and include the
appropriate statements and information set forth in subsection B at the
same time the health carrier sends written notice of:
a.
An adverse determination upon completion of the health carrier’s
utilization review process; and
b.
A final adverse determination.
2.
As part of the written notice required under paragraph (1), a health carrier
shall include the following, or substantially equivalent, language: “We
have denied your request for the provision of or payment for a health care
service or course of treatment. You may have the right to have our
decision reviewed by health care professionals who have no association
with us if our decision involved making a judgment as to the medical
necessity, appropriateness, health care setting, level of care or
effectiveness of the health care service or treatment you requested by
submitting a request for external review to the Office of the Insurance
Commissioner, Mississippi Insurance Department, Attn: Life and Health
Actuarial Division, P.O. Box 79, Jackson, MS 39205, Phone: (601) 359-
3569.”
3. The Notice of Appeal Rights, attached hereto as Rule 15.20 - Appendix “A” meets all
form and content requirements of this section.
B.
1.
The health carrier shall include in the notice required under subsection A:
a.
For a notice related to an adverse determination, a statement
informing the covered person that:
i.
If the covered person has a medical condition where the
timeframe for completion of an expedited review of a
grievance involving an adverse determination would
seriously jeopardize the life or health of the covered person
or would jeopardize the covered person’s ability to regain
maximum function, the covered person or the covered
person’s authorized representative may file a request for an
expedited external review to be conducted pursuant to Rule
15.08 of this Regulation, or Rule 15.09 of this Regulation if
the adverse determination involves a denial of coverage
based on a determination that the recommended or
requested health care service or treatment is experimental
or investigational and the covered person’s treating
physician certifies in writing that the recommended or
requested health care service or treatment that is the subject
of the adverse determination would be significantly less
effective if not promptly initiated, at the same time the
covered person or the covered person’s authorized
representative files a request for an expedited review of a
grievance involving on adverse determination, but that the
independent review organization assigned to conduct the
expedited external review will determine whether the
covered person shall be required to complete the expedited
review of the grievance prior to conducting the expedited
external review; and
ii.
The covered person or the covered person’s authorized
representative may file a grievance under the health
carrier’s internal grievance process, but if the health carrier
has not issued a written decision to the covered person or
the covered person’s authorized representative within thirty
(30) days following the date the covered person or the
covered person’s authorized representative files the
grievance with the health carrier and the covered person or
the covered person’s authorized representative has not
requested or agreed to a delay, the covered person or the
covered person’s authorized representative may file a
request for external review pursuant to Rule 15.05 of this
Regulation and shall be considered to have exhausted the
health carrier’s internal grievance process for purposes of