Kan. Admin. Regs. § 129-8-3 - MCE member grievance
(a) Any
enrollee may submit a grievance about any MCE matter other than an adverse
benefit determination.
(b) Any
enrollee may submit an oral or written grievance to the MCE at any time. Any
enrollee may submit a grievance in person, by telephone, by U.S. mail, or by
facsimile. Each written grievance delivered by the postal service or submitted
by facsimile to the MCE shall be date-stamped when received by the MCE as proof
of receipt.
(c) The MCE shall
acknowledge each oral or written grievance received from the enrollee in
writing within 10 days of receipt.
(d) The MCE shall resolve enrollee grievances
and issue a notice of grievance resolution within 30 days from the date the MCE
receives the grievance from the enrollee. The notice of grievance resolution
shall meet with the requirements specified by the secretary.
(1) The MCE may extend this 30-day resolution
time period up to 14 days, if the enrollee requests the extension or the MCE
shows to the satisfaction of the secretary, upon the secretary's request, that
there is need for additional information and how the delay is in the enrollee's
interest.
(2) If the MCE extends
the time frames not at the request of the enrollee, the MCE shall perform the
following:
(A) Make reasonable efforts to
give the enrollee prompt oral notice of the delay;
(B) within two days, give the enrollee
written notice of the reason for the decision to extend the time frame and
inform the enrollee of the right to submit a grievance if the enrollee
disagrees with that decision; and
(C) resolve the grievance as expeditiously as
the enrollee's health condition requires and no later than the date the
extension expires.
(e) Any enrollee may submit a request for
grievance to the secretary if the enrollee is unable to obtain medical care
that accommodates the member's culturally based attitudes, beliefs, and needs.
The enrollee shall complete the MCE's grievance process before submitting a
request for grievance to the secretary.
(f) The enrollee's right to submit a
grievance shall not be limited or interfered with by the secretary or the
MCE.
(g) The MCE shall cooperate
with the state, the state's fiscal agent, or representatives of either, to
resolve all enrollee grievances. Cooperation may include providing internal
enrollee grievance information to the state.
Notes
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