19 MAC Pt. 3, R. 19.11
Computation of Time
Cite as 19 Miss. Admin. Code Pt. 3, R. 19.11
Computation of Time
(1) Utilization review of prior authorizations in nonurgent circumstances. If a health
insurance issuer requires prior authorization of a health care service, the health insurance
issuer must make an approval or adverse determination and notify the enrollee, the
enrollee's health care professional, and the enrollee's health care provider of the approval
or adverse determination as expeditiously as the enrollee's condition requires but no later
than seven (7) calendar days after obtaining all necessary information to make the
approval or adverse determination, unless a longer minimum time frame is required under
federal law for the health insurance issuer and the health care service at issue. As used in
this section, "necessary information" includes the results of any face-to-face clinical
evaluation, second opinion or other clinical information that is directly applicable to the
requested service that may be required. Notwithstanding the foregoing provisions of this
section, health insurance issuers must comply with the requirements of Miss. Code Ann. §
83-9-6.3 to respond by two (2) business days for prior authorization requests for
pharmaceutical services and products.
(2) Utilization review of prior authorizations in urgent circumstances.
a. If requested by a treating health care provider or health care professional for an
enrollee, a health insurance issuer must render an approval or adverse
determination concerning urgent health care services and notify the enrollee, the
enrollee's health care professional and the enrollee's health care provider of that
approval or adverse determination as expeditiously as the enrollee's condition
requires but no later than forty-eight (48) hours after receiving all information
needed to complete the review of the requested health care services, unless a
longer minimum time frame is required under federal law for the health insurance
issuer and the urgent health care service at issue.
b. To facilitate the rendering of a prior authorization determination in conformance
with this section, a health insurance issuer must establish a mechanism to ensure
health care professionals have access to appropriately trained and licensed clinical
personnel who have access to physicians for consultation, designated by the plan
to make such determinations for prior authorization concerning urgent care
services.
(3) Notwithstanding language to the contrary elsewhere contained herein, if a licensed
physician certifies in writing to an insurer within seventy-two (72) hours of an admission
that the insured person admitted was in need of immediate hospital care for emergency
services, such shall constitute a prima facie case of the medical necessity of the
admission. To overcome this, the entity requesting the utilization review and/or the
private review agent must show by clear and convincing evidence that the admitted
person was not in need of immediate hospital care.
(4) Notwithstanding the foregoing provisions of this Rule, health insurance issuers must comply
with the requirements of Miss. Code Ann. § 83-9-6.2 to respond by two (2) business days for
prior authorization requests for pharmaceutical services and products.