LD 1890
pg. 7
Page 6 of 16 An Act to Establish a Patients' Bill of Rights for Managed Care Page 8 of 16
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LR 1804
Item 1

 
(3)__Each party to an external appeal may submit and
review evidence related to the issues in dispute, use
the assistance or representation of one or more
individuals, including an attorney, and make an oral
presentation.__The enrollee has the option of a
decision by the hearing officer based upon the
documentary record by the parties without live
testimony.

 
(4)__The bureau or any state agency conducting a fair
hearing pursuant to contract with the bureau may
contract with a health care provider who is
appropriately credentialed with respect to the health
care service under review to obtain additional
information concerning disputed medical issues.__The
health care provider may have no conflict of interest
relating to the performance of the provider's duties
under this subsection.

 
(5)__The carrier involved shall provide the aggrieved
enrollee or the enrollee's representative with adequate
notice of appeal rights in a form to be approved by the
bureau and, prior to a hearing, timely access to the
carrier's records relating to the externally appealable
decision and to all provisions of the plan or health
insurance coverage, including any policies, procedures,
criteria, guidelines, protocols or coverage manuals.

 
(6)__The determination by the hearing officer on the
external appeal must:

 
(a)__Be made orally or in writing, and, if the
determination is made orally, it must be supplied
to the parties in writing within 5 working days of
oral notification of the determination;

 
(b)__Be binding on the carrier;

 
(c)__Be made in accordance with the medical
exigencies of the case involved but in no event
later than 30 calendar days, or 72 hours in the
case of an expedited appeal, from the date of
completion of the filing of notice of external
appeal of the decision;

 
(d)__State, in layperson's language, the basis for the
determination in conformance with the requirements of any
applicable rule or interpretation of such a rule regarding the
content of adverse determinations and include, if


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