PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2167
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 20-2501, Arizona Revised Statutes, is amended to read:
20-2501. Definitions; scope
A. In this chapter, unless the context otherwise requires:
1. "Adverse decision" means a utilization review determination by the utilization review agent that a requested service or claim for service is not a covered service or is not medically necessary under the plan if that determination results in a documented denial or nonpayment of the service or claim.
2. "Benefits based on the health status of the insured" means a contract of insurance to pay a fixed benefit amount, without regard to the specific services received, to a policyholder who meets certain eligibility criteria based on health status including:
(a) A disability income insurance policy that pays a fixed daily, weekly or monthly benefit amount to an insured who is deemed a person with to have a disability as defined by the policy terms.
(b) A hospital indemnity policy that pays a fixed daily benefit during hospital confinement.
(c) A disability insurance policy that pays a fixed daily, weekly or monthly benefit amount to an insured who is certified by a licensed health care professional as chronically ill as defined by the policy terms.
(d) A disability insurance policy that pays a fixed daily, weekly or monthly benefit amount to an insured who suffers from a prolonged physical illness, disability or cognitive disorder as defined by the policy terms.
3. "Claim" means a request for payment for a service already provided. Claim does not include:
(a) Claim adjustments for usual and customary charges for a service or coordination of benefits between health care insurers.
(b) A request for payment under a policy or contract that pays benefits based on the health status of the insured and that does not reimburse the cost of or provide covered services.
4. "Covered service" means a service that is included in a policy, evidence of coverage or similar document that specifies which services, insurance or other benefits are included or covered.
5. "Denial" means a direct or indirect determination regarding all or part of a request for any service or a direct determination regarding a claim that may trigger a request for review or reconsideration. Denial does not include:
(a) Enforcement of a health care insurer's deductibles, copayments or coinsurance requirements or adjustments for usual and customary charges, deductibles, copayments or coinsurance requirements for a service or coordination of benefits between health care insurers.
(b) The rejection of a request for payment under a policy or contract that pays benefits based on the health status of the insured and that does not reimburse the cost of or provide covered services.
6. "Department" means the department of insurance.
7. "Director" means the director of the department of insurance.
8. "Health care insurer" means a disability insurer, group disability insurer, blanket disability insurer, health care services organization, hospital service corporation, prepaid dental plan organization, medical service corporation, dental service corporation or optometric service corporation or a hospital, medical, dental and optometric service corporation.
9. "Indirect denial" means a failure to communicate authorization or nonauthorization to the member by the utilization review agent within ten business days after the utilization review agent receives the request for a covered service.
10. "Provider" means the physician or other licensed practitioner identified to the utilization review agent as having primary responsibility for providing care, treatment and services rendered to a patient.
11. "Service" means a diagnostic or therapeutic medical or health care service, benefit or treatment.
12. "Utilization review" means a system for reviewing the appropriate and efficient allocation of inpatient hospital resources, inpatient medical services and outpatient surgery services that are being given or are proposed to be given to a patient, and of any medical, surgical and health care services, prescription drug benefits or claims for services or benefits that may be covered by a health care insurer depending on determinable contingencies, including without limitation outpatient services, in‑office consultations with medical specialists, specialized diagnostic testing, mental health services, emergency care and inpatient and outpatient hospital services. Utilization review does not include elective requests for the clarification of coverage.
13. "Utilization review agent" means a person or entity that performs utilization review. For the purposes of article 2 of this chapter, utilization review agent has the same meaning prescribed in section 20‑2530. For the purposes of this chapter, utilization review agent does not include:
(a) A governmental agency.
(b) An agent that acts on behalf of the governmental agency.
(c) An employee of a utilization review agent.
14. "Utilization review plan" means a summary description of the utilization review guidelines, protocols, procedures and written standards and criteria of a utilization review agent.
B. For the purposes of this chapter, utilization review by an optometric service corporation applies only to nonsurgical medical and health care services.
Sec. 2. Section 20-2510, Arizona Revised Statutes, is amended to read:
20-2510. Health care insurers requirements; medical directors
A. A health care insurer that proposes to provide coverage of inpatient hospital and medical benefits, outpatient surgical benefits or any medical, surgical or health care service for residents of this state with utilization review of those benefits shall meet at least one of the following requirements:
1. Have a certificate issued pursuant to this chapter.
2. Be accredited by the utilization review accreditation commission, the national committee for quality assurance or any other nationally recognized accreditation process recognized by the director.
3. Contract with a utilization review agent that has a certificate issued pursuant to this chapter.
4. Contract with a utilization review agent that is accredited by the utilization review accreditation commission, the national committee for quality assurance or any other nationally recognized accreditation process recognized by the director.
5. Provide to the director a signed and notarized statement that the health care insurer has submitted an application for accreditation to the utilization review accreditation commission or the national committee for quality assurance and is awaiting completion of the accreditation review process. On completion of the accreditation review process, the insurer shall provide to the director adequate proof that the insurer has been accredited. If the insurer is denied accreditation, within sixty days after the denial the insurer shall meet at least one of the requirements set forth in paragraph 1, 2, 3 or 4 of this subsection.
B. Except as provided in subsections C, D and E of this section, any direct denial of prior authorization of a service requested by a health care provider on the basis of medical necessity by a health care insurer shall be made in writing by a medical director who holds an active unrestricted license to practice medicine in this state pursuant to title 32, chapter 13 or 17. The written denial shall include an explanation of why the treatment was denied, and the medical director who made the denial shall sign the written denial. The health care insurer shall send a copy of the written denial to the health care provider who requested the treatment. Health care insurers shall maintain copies of all written denials and shall make the copies available to the department for inspection during regular business hours. The medical director is responsible for all direct denials that are made on the basis of medical necessity. Nothing in this section prohibits a health care insurer from consulting with a licensed physician whose scope of practice may provide the health care insurer with a more thorough review of the medical necessity.
C. For determinations made pursuant to subsection B of this section, a dental service corporation as defined in section 20‑822 or a prepaid dental plan organization as defined in section 20‑1001 may use as a medical director either:
1. An individual who holds an active unrestricted license to practice dentistry in this state pursuant to title 32, chapter 11.
2. A physician who holds an active unrestricted license to practice medicine in this state pursuant to title 32, chapter 13 or 17.
D. For determinations made pursuant to subsection B of this section, an optometric service corporation may use as a medical director either:
1. An individual who holds an active unrestricted license to practice optometry in this state pursuant to title 32, chapter 16.
2. A physician who holds an active unrestricted license to practice medicine in this state pursuant to title 32, chapter 13 or 17.
E. For determinations made pursuant to subsection B of this section, a health care insurer shall use:
1. A chiropractor licensed in this state pursuant to title 32, chapter 8 or by any regulatory board in another state to review any direct denial of prior authorization of a chiropractic service requested by a chiropractor on the basis of medical necessity.
2. A pharmacist licensed in this state pursuant to title 32, chapter 18 or by any regulatory board in another state to review any direct denial of prior authorization of a prescription drug benefit."
Amend title to conform