Title 33, Chapter 20A, Section 36
( 33-20A-36)
(a) Within three business days of receipt of notice from the
planning agency of assignment of the application for determination
to an independent review organization, the managed care entity shall
submit to that organization the following: (1) Any information submitted to the managed care entity by the
eligible enrollee in support of the eligible enrollee's grievance
procedure filing; (2) A copy of the contract provisions or evidence of coverage of
the managed care plan; and (3) Any other relevant documents or information used by the
managed care entity in determining the outcome of the eligible
enrollee's grievance. Upon request, the managed care entity shall provide a copy of all
documents required by this subsection, except for any proprietary or
privileged information, to the eligible enrollee. The eligible
enrollee may provide the independent review organization with any
additional information the eligible enrollee deems relevant. (b) The independent review organization shall request any additional
information required for the review from the managed care entity and
the eligible enrollee within five business days of receipt of the
documentation required under this Code section. Any additional
information requested by the independent review organization shall
be submitted within five business days of receipt of the request, or
an explanation of why the additional information is not being
submitted shall be provided. (c) Additional information obtained from the eligible enrollee shall
be transmitted to the managed care entity, which may determine that
such additional information justifies a reconsideration of the
outcome of the grievance procedure. A decision by the managed care
entity to cover fully the treatment in question upon reconsideration
using such additional information shall terminate independent
review. (d) The expert reviewer of the independent review organization shall
make a determination within 15 business days after expiration of all
time limits set forth in this Code section, but such time limits may
be extended or shortened by mutual agreement between the eligible
enrollee and the managed care entity. The determination shall be in
writing and state the basis of the reviewer's decision. A copy of
the decision shall be delivered to the managed care entity, the
eligible enrollee, and the planning agency by at least first-class
mail. (e) The independent review organization's decision shall be based
upon a review of the information and documentation submitted to it. (f) Information required or authorized to be provided pursuant to
this Code section may be provided by facsimile transmission or other
electronic transmission. |