A. Absent further action of the Commission
under
R20-5-1301(C),
administrative review under this Article is available for requests for medical
treatment or services related to all body parts and conditions.
B. A request for administrative review shall
be in writing using Section V (Provider or Employee Request for Administrative
Peer Review) of the Medical Treatment Preauthorization Form approved by the
Commission under
R20-5-106(A)(12).
A request for administrative review must attach copies of relevant medical
information or records and copies of all documentation related to the payer's
decision or non-response. A request for administrative review must be submitted
to the Commission by mail, electronically or by fax.
1.
Identifying information of the injured employee and
claim, including the injured employee's name, address, commission claim number,
and date of injury;
2.
Diagnosis and ICD code;
3.
Identifying information of the employer, insurance
carrier or TPA ;
4.
Identifying information of the
provider;
5.
Information pertaining to request for treatment,
such as the justification for treatment, applicable treatment guideline and, if
applicable, the payer's denial of treatment;
6.
Copies of relevant medical information or
records;
7.
Copies of documentation related to the payer's
decision or non-response; and
8.
Whether the request for medical treatment or
services involves a request for urgent care or a life-threatening
condition.
C. Upon
receipt of a request for administrative review, the Commission shall determine
whether the administrative review is available under this Article.
1. If administrative review is not available,
then no later than three business days after receiving a request for
administrative review, the Commission shall send notice to the injured employee
and payer that administrative review is not available.
2. If administrative review is available,
then no later than three business days after receiving the request, the
Commission shall send notice to the payer that a request for administrative
review has been received and provide information on how to participate in the
process.
D. The
administrative review conducted under this Section shall apply the guidelines
as described in this Article and include a peer review performed by an
individual meeting the requirements of subsection (I). The peer review shall
consist of a records review and, when possible as described in subsection
(I)(5), a conversation between the provider and individual conducting the peer
review.
E. The Commission may enter
into an agreement with one or more contractors, who shall be URAC accredited,
to provide the review described in subsection (D).
F. The payer shall pay for the costs of the
peer review conducted by the contractor.
G. To assist in its review, the Commission or
its contractor may request or receive additional information and documentation
from the provider, injured employee or payer, who shall cooperate and provide
the Commission or its contractor with any necessary medical information,
including information pertaining to the payer's decision.
H. Before the Commission or its contractor
issues a determination denying the request for treatment or services, a good
faith effort shall be made to conduct a peer review with the provider
requesting authorization to perform the treatment or services.
I. The individual conducting the peer review
shall:
1. Hold an active, unrestricted
license or certification to practice medicine or a health profession and be
involved in the active practice of medicine or a health profession during the
five preceding years. For purposes of this subsection, "active practice" means
performing patient care for a minimum of eight hours per week in one of the
five preceding years;
2. Be
licensed in Arizona, unless the Commission or its contractor is unable to find
such an individual, in which case the peer review may be conducted by an
individual who is licensed in another state of the United States and who meets
the other requirements of this subsection;
3. For a review of a request from an
allopathic or osteopathic physician, nurse practitioner, physician assistant,
or other mid-level provider, hold a current certification from the American
Board of Medical Specialties or the American Osteopathic Association in the
area or areas appropriate to the condition, procedure or treatment under
review;
4. Be in the same
profession and the same specialty or subspecialty as typically performs or
prescribes the medical procedure or treatment requested; and
5. Make a good faith effort to contact the
provider requesting the preauthorization. This good faith effort shall include
making telephone contact during the provider's normal business hours and
offering to schedule the peer review at a time convenient for the
provider.
J. A provider
may bill the payer for time spent participating in a peer review under this
Section.
K. The Commission or its
contractor shall issue a written determination of its administrative review
that contains the name and title of the person that performed the
administrative review, and includes the following information:
1. Whether the request for treatment or
services is authorized or denied, in whole or in part;
2. The information reviewed;
3. The principle reason for the decision;
and
4. The clinical basis and
rationale for the decision.
L. An interested party dissatisfied with the
administrative review determination may request that the dispute be referred to
the Commission's Administrative Law Judge Division for hearing. This request
for hearing shall:
1. Be in writing;
2. Filed no later than 10 business days after
the administrative review determination is issued; and
3. State whether the party requests to
participate in the Fast Track ALJ Dispute Resolution Program by stipulation, or
declines to participate in the Fast Track ALJ Dispute Resolution
Program.
M. If a timely
request for hearing is filed, the administrative review determination is deemed
null and void and shall serve no evidentiary purpose.
N. The information provided by the parties
under this Section and the determination issued by the Commission shall become
a part of the Commission claims file for the injured employee.