Ins 18.03(5)(b)
(b) An insurer offering a health benefit plan shall process a grievance without requiring written authorization unless the insurer, in its acknowledgement to the person under
sub. (4), clearly and prominently does all of the following:
Ins 18.03(5)(b)1.
1. Notifies the person that, unless an exception under
par. (a) applies, the grievance will not be processed until the insurer receives a written authorization.
Ins 18.03(5)(b)3.
3. Provides the person with a form the insured may use to give written authorization. An insured may, but is not required to, use the insurer's form to give written authorization.
Ins 18.03(5)(c)
(c) An insurer offering a health benefit plan shall accept under
par. (a) any written expression of authorization without requiring specific form, language or format.
Ins 18.03(5)(d)
(d) An insurer offering a health benefit plan shall include in its acknowledgement of receipt of a grievance filed by an authorized representative a clear and prominent notice that health care information or medical records may be disclosed only if permitted by law. The acknowledgement shall state that unless otherwise permitted under applicable law, including the Health Insurance Portability and Accountability Act of 1996, U.S. PL
104-191, ss.
51.30,
146.82 to
146.84, and
610.70, Stats., and
ch. Ins 25, informed consent is required and the acknowledgement shall include an informed consent form for that purpose. An insurer offering a health benefit plan may withhold health care information or medical records from an authorized representative, including information contained in its resolution of the grievance, but only if disclosure is prohibited by law. An insurer offering a health benefit plan shall process a grievance submitted by an authorized representative regardless of whether health care information or medical records may be disclosed to the authorized representative under applicable law.
Ins 18.03(6)
(6) Resolution of a grievance. An insurer offering a health benefit plan shall resolve a grievance:
Ins 18.03(6)(b)
(b) For any grievance not subject to
par. (a), within 30 calendar days of receiving the grievance. If the insurer offering a health benefit plan is unable to resolve the grievance within 30 calendar days, the time period may be extended an additional 30 calendar days, if the insurer provides a written notification to the insured and the insured's authorized representative, if applicable, of all of the following:
Ins 18.03(7)
(7) Commissioner annual report. The commissioner shall by June 1 of each year prepare a report that summarizes grievance experience reports received by the commissioner from insurers offering health benefit plans. The report shall also summarize OCI complaints involving the insurer offering health benefit plans that were received by the office during the previous calendar year.
Ins 18.03 History
History: CR 00-169: cr.
Register November 2001 No. 551, eff. 12-1-01; corrections in (2) (c) 1. and (5) (d) made under s. 13.93 (2m) (b) 7., Stats.,
Register December 2004 No. 588;
CR 05-059: am. (2) (c) 1.
Register February 2006 No. 602, eff. 3-1-06.
Ins 18.04
Ins 18.04 Right of the commissioner to request OCI complaints be handled as grievances. The commissioner may require an insurer offering a health benefit plan to treat and process an OCI complaint as a grievance as appropriate, if the commissioner provides a written description of the complaint to the insurer. The insurer shall process the OCI complaint as a grievance in compliance with
s. Ins 18.03.
Ins 18.04 History
History: CR 00-169: cr.
Register November 2001 No. 551, eff. 12-1-01.
Ins 18.05
Ins 18.05 Expedited grievance procedure. Section Ins 18.03 (2) to
(4) and
(6) does not apply to expedited grievances. For these situations, an insurer offering a health benefit plan shall develop a separate expedited grievance procedure. An expedited grievance shall be resolved as expeditiously as the insured's health condition requires but not more than 72 hours after receipt of the grievance. An insurer offering a health benefit plan, upon written request, shall mail or electronically mail a copy of the insured's complete policy to the insured or the insured's authorized representative as expeditiously as the grievance is handled.
Ins 18.06
Ins 18.06 Reporting requirements. An insurer offering a health benefit plan shall comply with all of the following requirements:
Ins 18.06(1)
(1) Each record of each complaint and grievance submitted to the insurer shall be kept and retained for a period of at least 3 years. These records shall be maintained at the insurer's home or principal office and shall be available for review during examinations by or on request of the commissioner or office.
Ins 18.06(2)
(2) Submit a grievance experience report required by s.
632.83 (2) (c), Stats., to the commissioner by March 1 of each year. The report shall provide information on all grievances received during the previous calendar year. The report shall be in a form prescribed by the commissioner and, at a minimum, shall classify grievances into the following categories:
Ins 18.06(2)(a)
(a) Plan administration including plan marketing, policyholder service, billing, underwriting and similar administrative functions.
Ins 18.06(2)(b)
(b) Benefit services including denial of a benefit, denial of experimental treatment, quality of care, refusal to refer insureds or to provide requested services.
Ins 18.06 Note
Note: A copy of the grievance experience report form OCI26-007, required under par. (2), may be obtained from the Office of the Commissioner of Insurance, P. O. Box 7873, Madison WI 53707-7873.
Ins 18.06 History
History: CR 00-169: cr.
Register November 2001 No. 551, eff. 12-1-01.
Ins 18.10
Ins 18.10 Definitions. In addition to the definitions in s.
632.835 (1), Stats., in this subchapter:
Ins 18.10(1)
(1) “Adverse determination" has the meaning as defined in s.
632.835 (1) (a), Stats. This includes the denial of a request for a referral for out-of-network services when the insured requests health care services from a provider that does not participate in the insurer's provider network because the clinical expertise of the provider may be medically necessary for treatment of the insured's medical condition and that expertise is not available in the insurer's provider network.
Ins 18.10(2)
(2) “Experimental treatment determination" means a determination by or on behalf of an insurer that issues a health benefit plan to which all of the following apply:
Ins 18.10(2)(b)
(b) Based on the information provided, the treatment under
par. (a) is determined to be experimental under the terms of the health benefit plan.
Ins 18.10(2)(c)
(c) Based on the information provided, the insurer that issued the health benefit plan denied the treatment under
par. (a) or payment for the treatment under
par. (a).
Ins 18.10(2)(d)
(d) Pursuant to s.
632.835 (5) (c), Stats., the cost or expected cost of the denied treatment or payment exceeds, or will exceed during the course of the treatment, the amount published in accordance with
s. Ins 18.105.
Ins 18.10(3)
(3) “Health benefit plan" has the meaning provided in s.
632.835 (1) (c), Stats., and includes Medicare supplement and replacement plans as defined in s.
600.03 (28p) and
(28r), Stats., and
s. Ins 3.39 (3) (v) and
(w). Health benefit plan includes Medicare cost and select plans but does not include Medicare Advantage plans.
Ins 18.10(4)
(4) “Medical or scientific evidence" means information from any of the following sources:
Ins 18.10(4)(a)
(a) Peer-reviewed scientific studies published in or accepted for publication by medical journals that meet nationally recognized requirements for scientific manuscripts and that submit most of their published articles for review by experts who are not part of the editorial staff.
Ins 18.10(4)(b)
(b) Peer-reviewed medical literature, including literature relating to therapies reviewed and approved by a qualified institutional review board, biomedical compendia and other medical literature that meet the criteria of the National Institutes of Health's Library of Medicine for indexing in Index Medicus, Excerpta Medicus (EMBASE), Medline and MEDLARS database Health Services Technology Assessment Research (HSTAR).
Ins 18.10(4)(c)
(c) Medical journals recognized by the Secretary of Health and Human Services under
42 USC1320c et. seq. of the federal Social Security Act.
Ins 18.10(4)(d)
(d) Any of the following standard reference compendia most current edition in publication at the time of the dispute:
Ins 18.10(4)(e)
(e) Findings, studies or research conducted by, or under the auspices of, federal governmental agencies and nationally recognized federal research institutes, including:
Ins 18.10(4)(e)6.
6. Any national board recognized by the National Institutes of Health for the purpose of evaluating the medical value of health care services.
Ins 18.10(4)(e)7.
7. Any other medical or scientific evidence that is comparable to the sources listed in this paragraph.
Ins 18.10(4m)
(4m) “Legal basis" means information from any of the following sources:
Ins 18.10(4m)(a)
(a) The most current version of The American Journal of Jurisprudence.
Ins 18.10(4m)(d)
(d) The terms of the insurance contract applicable for the period of coverage in dispute.
Ins 18.10(5)
(5) “Unbiased" means an independent review organization that complies with all of the following:
Ins 18.10(5)(b)
(b) The independent review organization does not provide incentives of any kind, including financial incentives, to providers or consumers as inducements for selection as the independent review organization.
Ins 18.10(5)(c)
(c) The independent review organization does not directly or indirectly receive any compensation, in any form, related to a review, other than the compensation permitted under this subchapter and s.
632.835, Stats.
Ins 18.10(5)(d)
(d) The independent review organization does not promote, to providers, consumers or insurers any of the following:
Ins 18.10(5)(d)1.
1. A pattern of favorable results or a pattern of favorable results on a particular treatment or subject.
Ins 18.10(5)(d)2.
2. An association with a class of providers, consumers or insurers.
Ins 18.10(5)(d)3.
3. A bias favorable to a class of providers, consumers or insurers.
Ins 18.10(5)(e)
(e) The independent review organization does not have a pattern of decisions that are unsupported by substantial evidence.
Ins 18.105
Ins 18.105 Annual CPI adjustment for independent review eligibility. Ins 18.105(1)
(1)
Publication and effective date. The commissioner shall publish to the office of the commissioner of insurance website on or before December 1 of each year the consumer price index for urban consumers as determined by the U.S. Department of Labor and publish the adjusted dollar amount in accordance with s.
632.835 (5) (c), Stats. The adjusted dollar amount published each December shall be used by insurers offering health benefit plans when complying with
s. Ins 18.10 (2) (d) and s.
632.835 (1) (a) 4., Stats., effective the following January 1.
Ins 18.105(2)
(2) Determination of adjusted rates. Insurers offering health benefit plans shall apply the adjusted dollar amount published annually by the commissioner that is required to be met in accordance with s.
632.835 (1) (a) 4. and
(b) 4., Stats., as follows:
Ins 18.105(2)(a)
(a) For adverse determinations when treatment was received by the insured, the insurer shall use the date treatment was received to determine the proper adjusted dollar amount that is required to be met in accordance with s.
632.835 (1) (a) 4., Stats.
Ins 18.105(2)(b)
(b) For adverse determinations when a course of treatment was received by the insured or terminated by the insurer, the insurer shall use later of the following dates to determine the proper adjusted dollar amount that is required to be met in accordance with s.
632.835 (1) (a) 4., Stats.:
Ins 18.105(2)(b)2.
2. The date the insurer mailed written notification to the insured, or the insured's authorized representative, that the course of treatment was terminated or denied.
Ins 18.105(2)(c)
(c) For experimental treatment determinations the insurer shall use the date the insurer mailed written notification to the insured, or the insured's authorized representative, that for the proposed treatment the insurer has either denied the treatment or denied payment for the treatment, to determine the proper adjusted dollar amount that is required to be met in accordance with s.
632.835 (1) (b) 4., Stats., and
s. Ins 18.10 (2) (d).
Ins 18.105 History
History: CR 04-079: cr.
Register December 2004 No. 588, eff. 1-1-05.
Ins 18.11(1)
(1)
Independent review procedures. Each insurer offering a health benefit plan shall establish procedures to ensure compliance with this section and s.
632.835, Stats.
Ins 18.11(2)
(2) Notification of right to independent review. In addition to the requirements of s.
632.835 (2) (b) or
(2) (bg), Stats., and
s. Ins 18.03, each time an insurer offering a health benefit plan makes a coverage denial determination the insurer shall provide all of the following in the notice to the insureds:
Ins 18.11(2)(a)
(a) A notice to an insured of the right to request an independent review. The notice shall comply with s.
632.835 (2) (b) or
(2) (bg), Stats., and when required, to be accompanied by the informational brochure developed by the office or in a form substantially similar, describe the independent review process. The notice shall be sent when the insurer offering a health benefit plan makes a coverage denial determination. In addition, the notice shall contain all of the following information:
Ins 18.11(2)(a)2.
2. For coverage denial determinations occurring after June 15, 2002, the notice to an insured shall, in accordance with s.
632.835 (2) (c), Stats., state that the insured, or the insured's authorized representative, must request independent review within 4 months from the date of the coverage denial determination by the insurer or from the date of receipt of notice of the grievance panel decision, whichever is later.
Ins 18.11(2)(a)3.
3. The notice shall state that the insured, or the insured's authorized representative, shall select the independent review organization from the list of certified independent review organizations, accompanying the notice, as compiled by the commissioner and available from the insurer.
Ins 18.11 Note
Note: The commissioner maintains a current listing, revised at least quarterly, of certified independent review organizations and posts the current list on the office website:
http://oci.wi.gov.
Ins 18.11(2)(a)4.
4. The notice shall state that the insured's, or the insured's authorized representative's, request for an independent review must be made in writing and contain the name of the selected independent review organization. The notice shall also state that the insured's, or the insured's authorized representative, written request be submitted to the insurer and must contain the address and name of the person or position to whom the request is to be sent.
Ins 18.11(2)(a)5.
5. The notice shall include a statement that references s.
632.835 (3) (f), Stats., informing the insured that once the independent review organization makes a determination, the determination may be binding upon the insurer and insured. For preexisting condition exclusion and rescission denial determinations, the notice shall indicate that the independent review organization determination is not binding on the insured.
Ins 18.11(2)(a)6.
6. The notice shall include a statement that references s.
632.835 (2) (d), Stats., informing the insured, or the insured's authorized representative, that they need not exhaust the internal grievance procedure if either of the following conditions are met:
Ins 18.11(2)(a)6.a.
a. Both the insurer offering a health benefit plan and the insured, or the insured's authorized representative, agree that the appeal should proceed directly to independent review.
Ins 18.11(2)(a)6.b.
b. The independent review organization determines that an expedited review is appropriate upon receiving a request from an insured or the insured's authorized representative that is simultaneously sent to the insurer offering a health benefit plan.
