Or. Admin. R. 410-141-3845 - Health-Related Services

Current through Register Vol. 60, No. 12, December 1, 2021

(1) The goals of health-related services (HRS) are to promote the efficient use of resources and address members' social determinants of health to improve health outcomes, alleviate health disparities, and improve overall community well-being. Health-related services are provided as a supplement to covered health care services:
(a) HRS may be provided as flexible services or as community benefit initiatives, as those terms are defined below;
(b) CCOs have the flexibility to identify and provide health-related services beyond the list of examples in 45 CFR §§ 158.150, 158.151, as long as the HRS satisfy the requirements of this rule;
(c) As allowed under 42 CFR 438.6(e), MCEs may offer additional services that are separate from HRS and delivered at the complete discretion of the CCO;
(d) HRS may be used to pay for non-covered health care services including physical health, mental health, behavioral health, oral health, and tribal-based services.
(2) To qualify as an HRS within the meaning of this rule, a service must meet the following requirements, consistent with 45 C.F.R. § 158.150:
(a) The service must be designed to:
(A) Improve health quality;
(B) Increase the likelihood of desired health outcomes in a manner that is capable of being objectively measured and produce verifiable results and achievements;
(C) Be directed toward either individuals or segments of members, or provide health improvements to the population beyond those enrolled without additional costs for the non-members; and
(D) Be based on any of the following:
(i) Evidence-based medicine; or
(ii) Widely accepted best clinical practice; or
(iii) Criteria issued by accreditation bodies, recognized professional medical associations, government agencies, or other national health care quality organizations.
(b) The service must be primarily designed to achieve at least one of the following goals:
(A) Improve health outcomes compared to a baseline and reduce health disparities among specified populations;
(B) Prevent avoidable hospital readmissions through a comprehensive program for hospital discharge;
(C) Improve patient safety, reduce medical errors, and lower infection and mortality rates;
(D) Implement, promote, and increase wellness and health activities;
(E) Support expenditures related to health information technology and meaningful use requirements necessary to accomplish the activities above that are set forth in 45 CFR 158.151 that promote clinic community linkage and referral processes or support other activities as defined in 45 CFR 158.150.
(c) The following types of expenditures and activities are not considered HRS:
(A) Those that are designed primarily to control or contain costs;
(B) Those that otherwise meet the definitions for quality improvement activities but that were paid for with grant money or other funding separate from revenue received through a CCO's contract;
(C) Those activities that may be billed or allocated by a provider for care delivery and that are, therefore, reimbursed as clinical services;
(D) Establishing or maintaining a claims adjudication system, including costs directly related to upgrades in health information technology that are designed primarily or solely to improve claims payment capabilities or to meet regulatory requirements for processing claims, including maintenance of ICD-10 codes sets adopted pursuant to the Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. § 1320d-2, as amended;
(E) That portion of the activities of health care professional hotlines that do not meet the definition of activities that improve health quality;
(F) All retrospective and concurrent utilization review;
(G) Fraud prevention activities;
(H) The cost of developing and executing provider contracts and fees associated with establishing or managing a provider network, including fees paid to a vendor for the same reason;
(I) Provider credentialing;
(J) Costs associated with calculating and administering individual member incentives; and
(K) That portion of prospective utilization that does not meet the definition of activities that improve health quality.
(3) CCOs shall implement policies and procedures (P&Ps) for HRS. These P&Ps shall be submitted to the Authority for approval:
(a) HRS P&Ps shall encourage transparency and provider and member engagement, reflect streamlined administrative processes that do not create unnecessary barriers, and provide for accountability;
(b) A CCO's HRS spending on community benefit initiatives shall promote alignment with the priorities identified in the CCO's community health improvement plan, and with any HRS community benefit initiative spending priorities identified by the Authority;
(c) The P&P shall describe how HRS spending decisions are made, including the role of the CAC and tribes in community benefit initiatives spending decisions;
(d) CCOs shall not limit the range of permissible health-related services by any means other than by enforcing the limits defined in this rule.
(4) Flexible services are cost-effective services offered to an individual member as an adjunct to covered benefits. Flexible services shall be consistent with the member's treatment plan as developed by the member's care team and agreed to by the CCO. The care team and the CCO shall work with the member and, as appropriate, the family of the member in determining the HRS needed to supplement the member's care. These services shall be documented in the member's treatment plan and clinical record:
(a) CCOs shall provide members with a written notification of a refusal of individual flexible services request and shall copy any representative of the member and any provider who made or participated in the request on the member's behalf. The written notification shall inform the member and provider of the member's right to file a grievance in response to the outcome;
(b) A CCO's refusal to permit an individual flexible service request is not an "adverse benefit determination" within the meaning of OAR 410-141-3875. CCOs shall have written procedures to acknowledge the receipt, disposition, and documentation of each grievance from members, which shall be modelled on the procedures specified in 42 CFR 438.402-408 and OAR 410-141-3835 through 3915.
(5) Community benefit initiatives are community-level interventions that include, but are not necessarily limited to, members and are focused on improving population health and health care quality. CCOs shall designate a role for the community advisory council in health-related services community benefit initiative spending decisions as provided in OAR 410-141-3735.
(6) CCOs shall submit their financial reporting for health-related services as directed through the CCO contract and in compliance with 42 CFR 438.8 Medical Loss Ratio (MLR).
(7) Except as provided in section (4), members have no appeal or hearing rights in regard to a refusal of a request for HRS.


Or. Admin. R. 410-141-3845
DMAP 57-2019, adopt filed 12/17/2019, effective 1/1/2020; DMAP 62-2020, amend filed 12/16/2020, effective 1/1/2021

Statutory/Other Authority: ORS 413.042

Statutes/Other Implemented: ORS 413.042

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