| | |
| Sec. 6. 24-A MRSA §4303, sub-§§3-B and 5 are enacted to read: |
|
| | | 3-B.__Prohibition on financial incentives.__A carrier offering | | a managed care plan in this State may not offer or pay any type | | of material inducement, bonus or other financial incentive to a | | participating provider to deny, reduce, withhold, limit or delay | | specific medically necessary and appropriate health care services | | covered under the plan to an enrollee. |
|
| | | 5.__Independent external review of coverage decisions.__An | | enrollee who has exhausted all internal grievance and appeal | | procedures provided by a carrier offering a health plan in this | | State has the right to an independent external review of a | | decision under the health plan to deny, reduce or terminate | | health care coverage or to deny payment for health care services.__ | | The independent external review is subject to the following | | requirements. |
|
| | | A.__The decision to be reviewed requires the health plan to | | incur at least $100 in expenditures and the decision under | | the health plan to be based on one of the following reasons: |
|
| | | (1)__The health care service is a covered benefit that | | the carrier has determined to be not medically | | necessary; |
|
| | | (2)__A limitation is placed on the selection of a | | health care provider that is claimed by the enrollee to | | be inconsistent with limits imposed by the health plan | | and any applicable laws and rules; |
|
| | | (3)__The health care treatment has been determined to | | be experimental or investigational; or |
|
| | | (4)__The health care service involves a medically based | | decision that a condition is preexisting. |
|
| | | B.__The independent external review must be requested in | | writing by the affected enrollee and the enrollee pays a | | filing fee of not more than $50 that reflects the | | administrative costs of processing a request for review | | under this subsection.__The filing fee may be waived or | | reduced based on a determination by the superintendent that | | the financial circumstances of the enrollee warrant a waiver | | or reduction. |
|
|