NDAC 45-06-07-07
Other requirements
Cite as N.D. Admin. Code ยง 45-06-07-07
1.
Description of providers.
a.
A health maintenance organization shall provide its subscribers with a list of the names
and locations of all of its providers no later than the time of enrollment or the time the
group or individual contract and evidence of coverage are issued and upon reenrollment.
If a provider is no longer affiliated with a health maintenance organization, the health
maintenance organization shall provide notice of such change to its affected subscribers
within thirty days. Subject to the approval of the commissioner, a health maintenance
organization may provide its subscribers with a list of providers or provider groups for a
segment of the service area. However, a list of all providers must be made available to
subscribers upon request.
b.
Any list of providers must contain a notice regarding the availability of the listed primary
care physicians. Such notice must be in not less than twelve-point type and be placed in
a prominent place on the list of providers. The notice must contain the following or similar
language:
Enrolling in [name of health maintenance organization] does not guarantee services
by a particular provider on this list. If you wish to receive care from specific
providers listed, you should contact those providers to be sure that they are
accepting additional patients for [name of health maintenance organization].
2.
Description of the services area. A health maintenance organization shall provide its
subscribers with a description of its service area no later than the time of enrollment or the
time the group or individual contract and evidence of coverage is issued and upon request
thereafter. If the description of the service area is changed, the health maintenance
organization shall provide at such time a new description of the service area to its subscribers.
3.
Copayments and deductibles. A health maintenance organization may require copayments
or deductibles of enrollees as a condition for the receipt of specific health care services.
Copayments for basic health care services must be shown in the group or individual contract
and evidence of coverage as a specified dollar amount. Copayments and deductibles must be
the only allowable charge, other than premiums, assessed to subscribers for basic,
supplemental, and nonbasic health care services.
4.
Grievance procedure.
a.
A grievance procedure must be established and maintained by a health maintenance
organization to provide reasonable procedures for the prompt and effective resolution of
written grievances.
b.
A health maintenance organization shall provide grievance forms to be given to enrollees
who wish to register written grievances. Such forms must include the address and
telephone number to which grievances must be directed and must also specify any
required time limits imposed by the health maintenance organization.
c.
The grievance procedure must provide for written acknowledgment of grievances and
grievances to be resolved or to have a final determination of the grievance by the health
maintenance organization within a reasonable period of time, but not more than ninety
days from the date the grievance is received. This period may be extended in the event
of a delay in obtaining the documents or records necessary for the resolution of the
grievance, or by the mutual written agreement of the health maintenance organization
and the enrollee.
d.
Prior to the resolution of a grievance filed by a subscriber or enrollee, coverage may not
be terminated for any reason which is the subject of the written grievance, except if the
health maintenance organization has, in good faith, made a reasonable effort to resolve
the written grievance through its grievance procedure and coverage is being terminated
as provided for in subsection 8 of section 45-06-07-04.
e.
If enrollee's grievances may be resolved through a specified arbitration agreement, the
enrollee must be advised in writing of the enrollee's rights and duties under the
agreement at the time the grievance is registered. Any such agreement must be
accompanied by a statement setting forth in writing the terms and conditions of binding
arbitration. Any health maintenance organization that makes such binding arbitration a
condition of enrollment must fully disclose this requirement to its enrollees in the group or
individual contract and evidence of coverage.