LD 1619
pg. 3
Page 2 of 11 An Act to Create a Patients' Bill of Rights Page 4 of 11
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LR 251
Item 1

 
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.


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