WSR 15-21-045 PROPOSED RULES OFFICE OF INSURANCE COMMISSIONER [Insurance Commissioner Matter No. R 2015-12—Filed October 16, 2015, 1:46 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-17-047.
Title of Rule and Other Identifying Information: Requiring each carrier and health plan to enter independence review organization's (IRO) final decision determination information into the commissioner's IRO online database.
Hearing Location(s): Office of the Insurance Commissioner (OIC), 5000 Capitol Boulevard S.E., Training Room (TR-120), Tumwater, WA 98504-0255, on November 24, 2015, at 1:00 p.m.
Date of Intended Adoption: November 25, 2015.
Submit Written Comments to: Stacy Middleton, P.O. Box 40258, Olympia, WA 98504-0258, e-mail rulescoordinator@oic.wa.gov, fax (360) 586-3109, by November 24, 2015.
Assistance for Persons with Disabilities: Contact Lorie Villaflores by November 17, 2015, TTY (360) 586-0241 or (360) 725-7087.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Washington's current IRO system is not conducive to collecting, analyzing, and making IRO information publicly available. The current system does not allow for accessible and usable IRO decision information, consistency in the IRO review process, or effective oversight, enforcement, and regulation of the IRO process. This proposed rule adds language requiring carriers to use the commissioner's online database in assigning IROs and adds a new paragraph to both WAC 284-43-550 and 284-43-630, requiring each carrier and health plan to submit final IRO decision determination information to OIC's online database within three days of receipt of the IRO's final decision. Decision information shall be submitted to the database in accordance with data requirements set forth by OIC.
Reasons Supporting Proposal: The intent is to direct health plan issuers to enter IRO final decision determination information into the commissioner's IRO online database within three days of receipt of final decision in order to keep the database current.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Mike Kreidler, insurance commissioner, governmental.
Name of Agency Personnel Responsible for Drafting: Stacy Middleton, 302 Sid Snyder Avenue, Olympia WA 98504-0258, (360) 725-9651; Implementation: Leslie Krier, 5000 Capitol Boulevard, Tumwater, WA 98504-0259, (360) 725-7216; and Enforcement: AnnaLisa Gellerman, 5000 Capitol Boulevard, Tumwater, WA 98504-0255, (360) 725-7050.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule imposes no new significant costs on any small businesses. The required reporting will utilize existing systems already in place.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Stacy Middleton, P.O. Box 40258, Olympia, WA 98504, phone (360) 725-9651, fax (360) 586-3109, e-mail rulescoordinator@oic.wa.gov.
October 16, 2015
Mike Kreidler
Insurance Commissioner
AMENDATORY SECTION (Amending WSR 12-23-005, filed 11/7/12, effective 11/20/12)
WAC 284-43-550 External review of adverse benefit determinations.
When the internal review of an adverse benefit determination is final, or is deemed exhausted, the appellant may request an external independent review of the final internal adverse benefit determination. Carriers and health plans must inform appellants of their right to external independent review, and explain the process to exercise that right. If the appellant requests an external independent review of a final internal adverse determination, the carrier or health plan must cooperatively participate in that review.
(1) Appellants must be provided the right to external review of adverse benefit determinations based on medical necessity, appropriateness, health care setting, level of care, or that the requested service or supply is not efficacious or otherwise unjustified under evidence-based medical criteria. The carrier may not establish a minimum dollar amount restriction as a predicate for an appellant to seek external independent review.
(2) Carriers must use the rotational registry system of certified independent review organizations (IRO) established by the commissioner, and must select reviewing IROs in the rotational manner described in the rotational registry system, using the commissioner's online data base. A carrier may not make an assignment to an IRO out of sequence for any reason other than the existence of a conflict of interest, as set forth in WAC 246-305-030.
(3) The rotational registry system, a current list of certified IROs, IRO assignment instructions, and an IRO assignment form to be used by carriers, are available on the insurance commissioner's web site (www.insurance.wa.gov).
(4) In addition to the requirements set forth in RCW 48.43.535, the carrier and health plan must:
(a) Make available to the appellant and to any provider acting on behalf of the appellant all materials provided to an IRO reviewing the carrier's determination;
(b) Provide IRO review without imposing any cost to the appellant or their provider;
(c) Provide IROs with:
(i) All relevant clinical review criteria used by the carrier and other relevant medical, scientific, and cost-effectiveness evidence;
(ii) The attending or ordering provider's recommendations; and
(iii) A copy of the terms and conditions of coverage under the relevant health plan; and
(d) Within one day of selecting the IRO, notify the appellant of the name of the IRO and its contact information. This requirement is intended to comply with the federal standard that appellants receive notice of the IRO's identity and contact information within one day of assignment. The notice from the carrier must explain that the IRO will accept additional information in writing from the appellant for up to five business days after it receives the assignment. The IRO must consider this information when conducting its review.
(5) A carrier may waive a requirement that internal appeals must be exhausted before an appellant may proceed to an independent review of an adverse determination.
(6) Upon receipt of the information provided by the appellant to the IRO pursuant to RCW 48.43.535 and this section, a carrier may reverse its final internal adverse determination. If it does so, it must immediately notify the IRO and the appellant.
(7) Carriers must report to the commissioner each assignment made to an IRO not later than one business day after an assignment is made. Information regarding the enrollee's personal health may not be provided with the report.
(8) Each carrier and health plan must submit final independent review organization (IRO) decision determination information to the office of the insurance commissioner's online data base within three business days of receipt of the IRO's final decision. Data elements and procedures for submission are located on the office of the insurance commissioner's web site.
AMENDATORY SECTION (Amending WSR 08-07-101, filed 3/19/08, effective 4/19/08)
WAC 284-43-630 Independent review of adverse determinations.
Carriers must use the rotational registry system of certified independent review organizations (IRO) established by the commissioner.
(1) Using the commissioner's online data base, carriers must select reviewing IROs in the rotational manner described in the rotational registry system. A carrier may not make an assignment to an IRO out of sequence for any reason other than the existence of a conflict of interest, as set forth in WAC 246-305-030.
(2) The rotational registry system, a current list of certified IROs, IRO assignment instructions, and an IRO assignment form to be used by carriers are set forth on the insurance commissioner's web site (www.insurance.wa.gov).
(3) In addition to the requirements set forth in RCW 48.43.535(4), carriers must:
(a) Make available to the covered person and to any provider acting on behalf of the covered person all materials provided to an independent review organization reviewing the carrier's determination; and
(b) Provide IROs with:
(i) All relevant clinical review criteria used by the carrier and other relevant medical, scientific, and cost-effectiveness evidence;
(ii) The attending or ordering provider's recommendations; and
(iii) A copy of the terms and conditions of coverage under the relevant health plan.
(4) Carriers must report to the commissioner each assignment made to an IRO not later than three business days after an assignment is made. Information regarding the enrollee's personal health should not be provided with the report.
(5) Each carrier and health plan must submit final IRO decision determination information to the office of the insurance commissioner's online data base within three business days of receipt of the IRO's final decision. Data elements and procedures for submission are located on the office of the insurance commissioner's web site.
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