19 Miss. Code. R. 3-19.19 - Revocations of prior authorizations
(1) A health
insurance issuer may not revoke or further limit, condition or restrict a
previously issued prior authorization approval while it remains valid under
this act.
(2) Notwithstanding any
other provision of law, if a claim is properly coded and submitted timely to a
health insurance issuer, the health insurance issuer shall make payment
according to the terms of coverage on claims for health care services for which
prior authorization was required and approval received before the rendering of
health care services, unless one (1) of the following occurs:
(a) It is timely determined that the
enrollee's health care professional or health care provider knowingly and
without exercising prudent clinical judgment provided health care services that
required prior authorization from the health insurance issuer or its contracted
private review agent without first obtaining prior authorization for those
health care services;
(b) It is
timely determined that the health care services claimed were not
performed;
(c) It is timely
determined that the health care services rendered were contrary to the
instructions of the health insurance issuer or its contracted private review
agent or delegated reviewer if contact was made between those parties before
the service being rendered;
(d) It
is timely determined that the enrollee receiving such health care services was
not an enrollee of the health care plan; or
(e) The approval was based upon a material
misrepresentation by the enrollee, health care professional, or health care
provider; as used in this paragraph, "material" means a fact or situation that
is not merely technical in nature and results or could result in a substantial
change in the situation.
(3) Nothing in this section shall preclude a
private review agent or a health insurance issuer from performing post-service
reviews of health care claims for purposes of payment integrity or for the
prevention of fraud, waste, or abuse.
Notes
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