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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) A utilization review entity shall do all of the following:
(1) Respond to inquiries relating to utilization review determinations by:
(i) providing toll-free telephone access at least forty (40) hours per week during normal business hours;
(ii) maintaining a telephone answering service or recording system during nonbusiness hours; and
(iii) responding to each telephone call received by the answering service or recording system regarding a utilization review determination within one (1) business day of the receipt of the call.
(2) Protect the confidentiality of covered person or enrollee medical records as set forth in section 2131. 1
(3) Ensure that a health care provider is able to verify that an individual requesting information on behalf of the insurer or MA or CHIP managed care plan is an authorized representative of the insurer or MA or CHIP managed care plan.
(4) Conduct utilization reviews based on the medical necessity, appropriateness, health care setting, level of care or effectiveness of the health care service being reviewed.
(4.1) If performing a utilization review for a request for health care services for an covered person or enrollee of an insurer or MA or CHIP managed care plan, provide notification within the following time frames:
(i) A prior authorization decision shall be communicated within the time frame specified in section 2155. 2
(ii) A concurrent utilization review decision shall be communicated within one (1) business day of the receipt of all supporting information reasonably necessary to complete the review.
(iii) A retrospective utilization review decision shall be communicated within thirty (30) days of the receipt of all supporting information reasonably necessary to complete the review.
(5) Ensure that personnel conducting a utilization review have current licenses in good standing or other required credentials, without restrictions, from the appropriate agency.
(6) Provide all decisions in writing to include the basis and clinical rationale for the decision.
(7) Notify the health care provider of additional facts or documents required to complete the utilization review within the time frames specified in section 2155.
(8) Maintain a written record of utilization review decisions adverse to covered persons or enrollees for not less than three (3) years, including a detailed justification and all required notifications to the health care provider and the covered person or enrollee.
(b) Compensation to any person or entity performing utilization review may not contain incentives, direct or indirect, for the person or entity to approve or deny payment for the delivery of any health care service.
(c) Utilization review that results in a denial of payment for a health care service shall be made by a licensed physician that meets the qualifications in section 2155(d), except as provided in subsections (d) and (e).
(d) A licensed psychologist may perform a utilization review for behavioral health care services within the psychologist's scope of practice if the psychologist's clinical experience provides sufficient experience to review that specific behavioral health care service. The use of a licensed psychologist to perform a utilization review of a behavioral health care service shall be approved by the department as part of the certification process under section 2151. 3 A licensed psychologist shall not review the denial of payment for a health care service involving inpatient care or a prescription drug.
(e) A licensed dentist may perform a utilization review for dental services within the dentist's scope of practice if the dentist's clinical experience provides sufficient experience to review that specific dental service. The use of a licensed dentist to perform a utilization review of a dental service shall be approved by the department as part of the certification process under section 2151.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 40 P.S. Insurance § 991.2152. Operational standards - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-40-ps-insurance/pa-st-sect-40-991-2152/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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