In any instance in which the URA is questioning the medical
necessity, the appropriateness, or the experimental or investigational
nature of the health care services prior to the issuance of an adverse
determination, the URA must afford the provider of record a reasonable
opportunity to discuss the plan of treatment for the enrollee with
a physician licensed to practice medicine in Texas. The discussion
must include, at a minimum, the clinical basis for the URA's decision
and a description of documentation or evidence, if any, that can be
submitted by the provider of record that, on appeal, might lead to
a different utilization review decision. If the health care service
was ordered, requested, or provided, or is to be provided, by a physician,
then the opportunity must be with a physician licensed to practice
medicine in Texas and who has the same or similar specialty as the
physician.
(1) The URA must provide the URA's telephone number
so that the provider of record may contact the URA to discuss the
pending adverse determination.
(2) The URA must maintain, and submit to TDI on request,
documentation that details the discussion opportunity provided to
the provider of record, including the date and time the URA offered
the opportunity to discuss the adverse determination, the date and
time that the discussion, if any, took place, and the discussion outcome.
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Source Note: The provisions of this §19.1710 adopted to be effective February 20, 2013, 38 TexReg 892; amended to be effective March 17, 2021, 46 TexReg 1647; amended to be effective September 1, 2022, 47 TexReg 5120 |