3 Colo. Code Regs. § 702-4-4-5-10
Current through Register Vol. 47, No. 10, May 30, 2024
Section 3 CCR 702-4-4-5-10 - First Level ReviewA. General requirements. 1. An insurer shall establish written procedures for the review of an adverse determination that does not involve an urgent care request in compliance with § 10-16-113, C.R.S., and this regulation. The procedures shall specify whether a first level review request must be in writing or may be submitted orally. The procedures shall also allow the covered person to identify the facility and/or health care professionals to whom the insurer shall send a copy of the review decision.2. A first level review shall be available to, and may be initiated by, the covered person. For purposes of this section, "covered person" includes the designated representative of a covered person.3. Pursuant to § 10-3-1104(1)(i), C.R.S., all written requests for a first level review shall be entered into the insurer's complaint record.4. Within 180 calendar days after the date of receipt of a notice of an adverse determination sent pursuant to sections 7 or 8 or after the date of receipt of notification of a benefit denied due to a contractual exclusion, a covered person may file a grievance with the insurer requesting a first level review of the adverse determination. In order to secure a first level review after the receipt of the notification of a benefit denied due to a contractual exclusion, the covered person must be able to provide evidence from a medical professional that there is a reasonable medical basis that the exclusion does not apply. If the deadline for filing a request ends on a weekend or holiday, the deadline shall be extended to the next business day.5. Full and fair review. a. Before issuing a final internal adverse benefit determination based on new and/or additional evidence, the insurer shall provide the covered person, free of charge, the new and/or additional evidence considered, relied upon, or generated by the insurer in connection with the claim. Such evidence shall be provided as soon as possible and sufficiently in advance of the date on which the notice of the final internal adverse benefit determination is required to be provided pursuant to section 10.E. to give the covered person a reasonable opportunity to respond prior to that date.b. Before issuing a final internal adverse benefit determination based on new and/or additional rationale, the insurer shall provide the covered person, free of charge, with the rationale considered, relied upon, or generated by the insurer in connection with the claim. Such rationale shall be provided as soon as possible and sufficiently in advance of the date on which the notice of the final internal adverse benefit determination is required to be provided pursuant to section 10.E. to give the covered person a reasonable opportunity to respond prior to that date.B. Individual long-term care policies. 1. Covered persons shall be provided a choice between a written appeal review or a review meeting for their first level appeal.2. Written appeal reviews shall comply with the requirements of section 10.C.3. Review meetings shall comply with the requirements of section 11. The covered person's right to a fair review shall not be made conditional on the covered person's appearance at the review meeting.4. The covered person is entitled to a single internal appeal review.C. Conduct of first level written appeal reviews.1. First level reviews shall be evaluated by a physician who shall consult with an appropriate clinical peer(s), unless the reviewing physician is a clinical peer. The physician and clinical peer(s) shall not have been involved in the initial adverse determination. However, a person that was previously involved with the denial may answer questions.2. In conducting a review under this section, the reviewer(s) shall take into consideration all comments, documents, records, and other information regarding the request for services or benefits submitted by the covered person without regard to whether the information was submitted or considered in making the initial adverse determination. If the appeal is pursuant to § 10-16-113(1)(c), C.R.S., regarding the applicability of a contractual exclusion, the determination shall be made on the basis of whether the contractual exclusion applies to the denied benefit.D. Covered person's rights for first level written appeal review for individual and group long-term care policies. A covered person is entitled to:1. Submit written comments, documents, records, and other material relating to the request for benefits for the reviewer(s) to consider when conducting the review. For review of a benefit denial due to a contractual exclusion, the covered person shall provide evidence from a medical professional that there is a reasonable medical basis that the exclusion does not apply; and2. Receive from the insurer, upon request and free of charge, reasonable access to, and copies of all documents, records, and other information relevant to the covered person's request for benefits. A document, record, or other information shall be considered "relevant" to a covered person's request for benefits if the document, record, or other information:a. Was relied upon in making the benefit determination;b. Was submitted, considered, or generated in the course of making the adverse determination, without regard to whether the document, record, or other information was relied upon in making the benefit determination;c. Demonstrates that, in making the benefit determination, the insurer or its designated representatives consistently applied required administrative procedures and safeguards with respect to the covered person as with other similarly-situated covered persons; and/or d. Constitutes a statement of policy or guidance with respect to the long-term care policy concerning the denied health care service for the covered person's diagnosis, without regard to whether the advice or statement was relied upon in making the benefit determination.3. A covered person does not have the right to be present for the written appeal review.E. Notification requirements. 1. An insurer shall notify and issue a decision in writing or electronically to the covered person within the time frames provided in section 10.E.2.2. With respect to a request for a first level review of an adverse determination involving a prospective review request, the insurer shall notify and issue a decision within a reasonable period of time that is appropriate given the covered person's medical condition, but no later than thirty (30) calendar days after the date of the insurer's receipt of the grievance containing a request for the first level review.3. With respect to a request for a first level review of an adverse determination involving a retrospective review request, the insurer shall notify and issue a decision within a reasonable period of time, but no later than sixty (60) calendar days after the date of the insurer's receipt of a request for the first level review.F. For purposes of calculating the time periods within which a determination is required to be made and notice provided under section 10.E.3., the time period shall begin on the date of the insurer's receipt of the grievance requesting the review provided in accordance with the insurer's procedures for filing a request without regard to whether all of the information necessary to make the determination accompanies the request.G. The decision issued pursuant to section 10.E. shall set forth in a manner calculated to be understood by the covered person:1. The name, title and qualifying credentials of the physician evaluating the appeal, and the qualifying credentials of the clinical peer(s) with whom the physician consulted. For the purposes of section 10, the physician and consulting clinical peers shall be called "the reviewers";2. A statement of the reviewers' understanding of the covered person's request for a review of an adverse determination;3. The reviewers' decision in clear terms; and4. A reference to the evidence or documentation used as the basis for the decision.H. A first level review decision involving an adverse determination issued pursuant to section 10.E. shall include, in addition to the requirements of section 10.G.: 1. The specific reason or reasons for the adverse determination, including the specific policy provisions and medical rationale;2. A statement that the covered person is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant, as the term "relevant" is defined in section 10.D.2., to the covered person's benefit request;3. If the reviewers relied upon an internal rule, guideline, protocol or other similar criterion to make the adverse determination, either the specific rule, guideline, protocol, or other similar criterion or a statement that a specific rule, guideline, protocol, or other similar criterion was relied upon to make the adverse determination and that a copy of the rule, guideline, protocol, or other similar criterion will be provided free of charge to the covered person upon request;4. If the adverse determination is based on a medical necessity or similar exclusion or limitation, either an explanation of the scientific or clinical judgment for making the determination, applying the terms of the long-term care policy to the covered person's medical circumstances or a statement that an explanation will be provided to the covered person free of charge upon request;5. Information sufficient for the covered person to be able to identify the claim involved and a statement describing the availability, upon request, of the diagnosis code and its corresponding meaning, and the treatment code and its corresponding meaning;6. If applicable, instructions for requesting:a. A copy of the rule, guideline, protocol, or other similar criterion relied upon in making the adverse determination, as provided in section 10.H.3.;b. The written statement of the scientific or clinical rationale for the determination, as provided in section 10.H.4.; and/orc. The information necessary to identify the claim, as provided in section 10.H.5.; and7. A description of the procedures for obtaining an independent external review of the adverse determination pursuant to section 5 of Colorado Insurance Regulation 4-2-21.8. For group long-term care policies, a description of the process to obtain a voluntary second level review including: a. The written procedures governing the voluntary second level review, including the required time frames for the review;b. The right of the covered person to:(1) Request the opportunity to appear in person before a health care professional (reviewer) or, if offered by the insurer, a review panel of health care professionals, who have appropriate expertise, who were not previously involved in the appeal, and who do not have a direct financial interest in the outcome of the review;(2) Receive, upon request, a copy of the materials that the insurer intends to present at the review at least five (5) calendar days prior to the date of the review meeting. Any new material developed after the five-day deadline shall be provided by the insurer when practicable;(3) Present written comments, documents, records and other material relating to the request for benefits for the reviewer or review panel to consider when conducting the review both before and, if applicable, at the review meeting; (a) A copy of the materials the covered person plans to present or have presented on his or her behalf at the review meeting should be provided to the insurer at least five (5) calendar days prior to the date of the review meeting.(b) Any new material developed after the five-day deadline shall be provided to the insurer when practicable;(4) Present the covered person's case to the reviewer or review panel;(5) If applicable, ask questions of the reviewer or review panel; and(6) Be assisted or represented by an individual(s) of the covered person's choice, including counsel, advocates, and health care professionals;c. A statement that the insurer will provide to the covered person, upon request, sufficient information relating to the voluntary second level review to enable the covered person to make an informed judgment about whether to submit the adverse determination to a voluntary second level review, including a statement that the decision of the covered person as to whether or not to submit the adverse determination to a voluntary second level review will have no effect on the covered person's rights to any other benefits under the policy, the process for selecting the decision maker, and the impartiality of the decision maker.d. A description of the procedures for obtaining an independent external review of the adverse determination pursuant to section 5 of Colorado Insurance Regulation 4-2-21 if the covered person chooses not to request a voluntary second level review of the first level review decision involving an adverse determination.37 CR 11, June 10, 2014, effective 7/1/201437 CR 12, June 25, 2014, effective 7/15/2014Colorado Register, Vol 37, No. 14. July 25, 2014, effective 8/15/201437 CR 23, December 10, 2014, effective 1/1/201538 CR 03, February 10, 2015, effective 3/15/201538 CR 06, March 25, 2015, effective 4/30/201538 CR 09, May 10, 2015, effective 6/1/201538 CR 13, July 10, 2015, effective 7/30/201538 CR 19, October 10, 2015, effective 11/1/201538 CR 21, November 10, 2015, effective 1/1/201638 CR 23, December 10, 2015, effective 1/1/201639 CR 01, January 10, 2016, effective 2/1/201639 CR 05, March 10, 2016, effective 4/1/201639 CR 08, April 25, 2016, effective 5/15/201639 CR 19, October 10, 2016, effective 11/1/201639 CR 20, October 25, 2016, effective 1/1/201739 CR 22, November 25, 2016, effective 1/1/201739 CR 23, December 10, 2016, effective 1/1/201739 CR 23, December 25, 2016, effective 1/1/201740 CR 03, February 10, 2017, effective 3/15/201740 CR 09, May 10, 2017, effective 6/1/201740 CR 15, August 10, 2017, effective 9/1/201740 CR 17, September 10, 2017, effective 10/1/201740 CR 21, November 10, 2017, effective 12/1/201741 CR 04, February 25, 2018, effective 4/1/201841 CR 05, March 10, 2018, effective 6/1/201841 CR 08, April 25, 2018, effective 6/1/201841 CR 09, May 10, 2018, effective 6/1/201841 CR 11, June 10, 2018, effective 7/1/201841 CR 15, August 10, 2018, effective 9/1/201841 CR 17, September 10, 2018, effective 10/1/201841 CR 18, September 25, 2018, effective 10/15/201841 CR 21, November 10, 2018, effective 12/1/201841 CR 23, December 10, 2018, effective 1/1/201942 CR 01, January 10, 2019, effective 2/1/201941 CR 19, October 10, 2018, effective 3/1/201942 CR 03, February 10, 2019, effective 4/1/201942 CR 04, February 25, 2019, effective 4/1/201942 CR 06, March 25, 2019, effective 6/1/201942 CR 08, April 10, 2019, effective 6/1/201942 CR 15, August 10, 2019, effective 9/1/201942 CR 17, September 10, 2019, effective 10/1/201943 CR 02, January 25, 2020, effective 12/20/201943 CR 02, January 25, 2020, effective 12/23/201942 CR 23, December 10, 2019, effective 1/1/202043 CR 01, January 10, 2020, effective 2/1/202042 CR 24, December 25, 2019, effective 2/2/202043 CR 06, March 25, 2020, effective 4/15/202043 CR 10, May 25, 2020, effective 8/1/202043 CR 14, July 25, 2020, effective 8/15/202043 CR 17, September 10, 2020, effective 10/1/202043 CR 18, September 25, 2020, effective 11/1/202043 CR 22, November 25, 2020, effective 12/15/202043 CR 24, December 25, 2020, effective 1/15/202144 CR 03, February 10, 2021, effective 3/15/202144 CR 08, April 25, 2021, effective 5/15/202144 CR 09, May 10, 2021, effective 6/1/202144 CR 10, May 25, 2021, effective 6/14/202144 CR 10, May 25, 2021, effective 6/15/202144 CR 13, July 10, 2021, effective 8/1/202144 CR 15, August 10, 2021, effective 9/1/202144 CR 19, October 10, 2021, effective 11/1/202144 CR 21, November 10, 2021, effective 12/1/202144 CR 23, December 10, 2021, effective 12/30/202144 CR 21, November 10, 2021, effective 1/1/202244 CR 23, December 10, 2021, effective 1/15/202244 CR 24, December 25, 2021, effective 1/15/202245 CR 03, February 10, 2022, effective 3/2/202245 CR 08, April 25, 2022, effective 5/30/202245 CR 09, May 10, 2022, effective 5/30/202245 CR 10, May 25, 2022, effective 6/14/202245 CR 11, June 10, 2022, effective 6/30/202245 CR 11, June 10, 2022, effective 7/15/202245 CR 19, October 10, 2022, effective 11/1/202245 CR 20, October 25, 2022, effective 11/14/202245 CR 21, November 10, 2022, effective 11/30/202245 CR 24, December 25, 2022, effective 1/14/202346 CR 01, January 10, 2023, effective 2/14/202346 CR 06, March 25, 2023, effective 2/15/202346 CR 03, February 10, 2022, effective 3/2/202346 CR 04, February 25, 2023, effective 3/17/202346 CR 05, March 10, 2023, effective 4/15/202346 CR 09, May 10, 2023, effective 5/30/202346 CR 09, May 10, 2023, effective 6/1/202346 CR 10, May 25, 2023, effective 6/15/202346 CR 11, June 10, 2023, effective 6/30/2023