3. The covered person has exhausted the health carrier's internal grievanceprocess or filed an expedited external review request; <strong>and</strong>4. The covered person has provided all the in<strong>for</strong>mation <strong>and</strong> <strong>for</strong>ms required toprocess a st<strong>and</strong>ard or expedited external review. If the service or treatment isexperimental or investigational, the health carrier must also determine whether:• the requested health care treatment that is the subject of thedetermination (a) is a covered benefit under the enrollee's health benefitplan except <strong>for</strong> the health carrier's determination that the service ortreatment is experimental or investigational <strong>and</strong> (b) is not explicitlyexcluded under the enrollee's health benefit plan;• the enrollee's treating health care professional has certified that (a)st<strong>and</strong>ard health care treatments have not been effective in improving thecovered person's medical condition, (b) st<strong>and</strong>ard health care treatmentsare not medically appropriate <strong>for</strong> the person, or (c) there is no availablest<strong>and</strong>ard health care treatment covered by the health carrier that is morebeneficial than the requested health care treatment; <strong>and</strong>• the enrollee's treating health care professional (a) has recommended ahealth care treatment that he or she certifies, in writing, is likely to bemore beneficial to the enrollee than any available st<strong>and</strong>ard health caretreatments or (b) is a licensed, board certified, or board eligible healthcare professional qualified to practice in the area of medicine appropriateto treat the enrollee's condition <strong>and</strong> has certified, in writing, thatscientifically valid studies using accepted protocols demonstrate that thehealth care treatment the covered person requested is likely to be morebeneficial than any available st<strong>and</strong>ard health care treatments.Ox<strong>for</strong>d must notify the Commissioner <strong>and</strong> the enrollee in writing on whether the requestis complete <strong>and</strong> eligible <strong>for</strong> external review within one business day after completing thepreliminary review <strong>for</strong> a st<strong>and</strong>ard external review request or on the day the preliminaryreport is completed <strong>for</strong> an expedited external review request. The Commissioner mayspecify the <strong>for</strong>m <strong>for</strong> the health carrier's initial determination notice.If the request is not complete, Ox<strong>for</strong>d's notice must specify the in<strong>for</strong>mation needed toperfect the request. If the request is not eligible <strong>for</strong> st<strong>and</strong>ard or expedited external review,the notice must include the reasons <strong>for</strong> its ineligibility.The notice must include a statement in<strong>for</strong>ming the enrollee that he or she can appeal thisdetermination to the Commissioner. Regardless of a health carrier's initial determinationthat a request <strong>for</strong> a st<strong>and</strong>ard or expedited external review is ineligible <strong>for</strong> review, theCommissioner may determine, pursuant to the terms of the enrollee's health benefit plan,that the request is eligible <strong>and</strong> assign an independent review organization to conduct it.Within one business day, <strong>for</strong> a st<strong>and</strong>ard external review request, or one calendar day, <strong>for</strong>an expedited external review request, of receiving notice that a request is eligible <strong>for</strong>review, the State of Connecticut Insurance Commissioner must (1) assign anindependent review organization to conduct the review (r<strong>and</strong>omly from among qualifiedorganizations), (2) notify the health carrier of the organization's name, <strong>and</strong> (3) notify theenrollee in writing of the eligibility <strong>and</strong> acceptance <strong>for</strong> review. The written notice mustinclude (1) a statement that the enrollee may submit, within five business days afterreceiving the notice, additional in<strong>for</strong>mation in writing to the organization <strong>for</strong> consideration<strong>and</strong> (2) where <strong>and</strong> how such additional in<strong>for</strong>mation must be submitted. If additionalin<strong>for</strong>mation is submitted later than five business days after the covered person receivedthe notice, the organization may, but is not be required to, accept <strong>and</strong> consider it.Health Carrier - Providing In<strong>for</strong>mationWithin five business days <strong>for</strong> a st<strong>and</strong>ard external review <strong>and</strong> one calendar day <strong>for</strong> anexpedited external review after receiving the name of the assigned independent review10<strong>Utilization</strong> <strong>Management</strong> <strong>Appeal</strong> <strong>Process</strong> <strong>and</strong> <strong>Timeframes</strong> <strong>for</strong> Connecticut Plans: Administrative Policy(Effective 06/11/2013)©1996-2013, Ox<strong>for</strong>d Health Plans, LLC
organization, Ox<strong>for</strong>d must provide the organization any in<strong>for</strong>mation it considered inmaking the determination under review.If Ox<strong>for</strong>d fails to timely provide the in<strong>for</strong>mation, the organization (1) must not delayper<strong>for</strong>ming the review <strong>and</strong> (2) may terminate the review <strong>and</strong> make a decision to reversethe determination. Within one business day after terminating the review <strong>and</strong> deciding toreverse the determination, the organization must notify the commissioner, Ox<strong>for</strong>d, <strong>and</strong>enrollee in writing.Independent Review Organization - Receipt of New In<strong>for</strong>mationThe organization must review all the in<strong>for</strong>mation received from the enrollee <strong>and</strong> Ox<strong>for</strong>d.In reaching a decision, the organization is not bound by any decisions reached during theOx<strong>for</strong>d's utilization review process. Upon receiving any new in<strong>for</strong>mation from the coveredperson, the organization has one business day to <strong>for</strong>ward it to the health carrier.If the enrollee submits new in<strong>for</strong>mation, Ox<strong>for</strong>d will have the opportunity to review thein<strong>for</strong>mation <strong>and</strong> reconsider the original decision. This reconsideration will not delay theexternal review. However, if Ox<strong>for</strong>d decides to reverse its original denial, Ox<strong>for</strong>d has 1business day to notify the Commissioner, independent review organization <strong>and</strong> theenrollee of the reversal. At this point, the external review will be terminated.Ox<strong>for</strong>d shall provide continued coverage of an ongoing course of treatment pending theoutcome of the Stage 3 External appeal.Decision timeframe: The external review agent will render a decision <strong>for</strong> st<strong>and</strong>ardexternal reviews, 45 days; st<strong>and</strong>ard external reviews involving an experimental orinvestigational treatment or service, 20 days; expedited external reviews, 72 hours; <strong>and</strong>expedited external reviews involving an experimental or investigational treatment orservice, five days.oFor Rhode Isl<strong>and</strong> residents who are Members of Connecticut plans <strong>and</strong> havechosen to utilize the State of Rhode Isl<strong>and</strong> external appeal process, decisionsfrom the external reviewer must be made within 10 business days of the request<strong>for</strong> st<strong>and</strong>ard external appeals <strong>and</strong> within 2 business days of the request <strong>for</strong>expedited external appeals. This is the final decision <strong>for</strong> all CommercialMembers.REFERENCESC.G.S.A. § 38a-226c <strong>and</strong> §38a-478n.Regulations of the Connecticut State Agencies Sections 38a-226c-1 et seq. <strong>and</strong> 38a-487n-3-2 etseq.General Laws of Rhode Isl<strong>and</strong> Annotated §23-17.12-10.Rhode Isl<strong>and</strong> Department of Health Rules <strong>and</strong> Regulations <strong>for</strong> the <strong>Utilization</strong> Review of HealthCare Services (R23-17.12-UR).NCQA Guidelines.Department of Labor Regulations 29 CFR 2560.503.1.CT Public Act 11-58<strong>Utilization</strong> <strong>Management</strong> <strong>Appeal</strong> <strong>Process</strong> <strong>and</strong> <strong>Timeframes</strong> <strong>for</strong> Connecticut Plans: Administrative Policy(Effective 06/11/2013)11©1996-2013, Ox<strong>for</strong>d Health Plans, LLC