RS 22:1132 Request for external review - Louisiana Statutes

§1132.  Request for external review

A.  Each health benefit plan shall provide an independent review process to examine the plan's coverage decisions based on medical necessity.  A covered person, with the concurrence of the treating health care provider, may make a request for an external review of a second level appeal adverse determination.

B.  Except as provided in this Subsection, an MNRO shall not be required to grant a request for an external review until the second level appeal process as set forth in this Subpart has been exhausted.  A request for external review of an adverse determination may be made before the covered person has exhausted the MNRO's appeal, if any of the following circumstances apply:

(1)  The covered person has an emergency medical condition.

(2)  The MNRO agrees to waive the requirements for the first level appeal, the second level appeal, or both.

C.  If the requirement to exhaust the MNRO's appeal procedures is waived under Paragraph B(1) of this Section, the covered person's treating health care provider may request an expedited external review.  If the requirement to exhaust the MNRO's appeal procedures is waived under Paragraph B(2) of this Section, a standard external review shall be performed.

Acts 1999, No. 401, §1, eff. Jan. 1, 2000; Redesignated from R.S. 22:3081 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

NOTE:  See Acts 1999, No. 401, §2, regarding applicability.

NOTE:  Former R.S. 22:1132 redesignated as R.S. 22:1542 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.