D.C. Mun. Regs. tit. 7, r. 7-124

Current through Register 71, No. 45, November 7, 2024
Rule 7-124 - MEDICAL BENEFITS AND SERVICES; PROGRAM RESPONSIBILITY
124.1

The Program shall establish a Program Panel of Healthcare Providers (hereinafter the "Panel") to furnish medical services, appliances, or supplies to District government employees or claimants who are injured while in the performance of duty, in accordance with the Act and rules and regulations of the Program.

124.2
(a) The Program shall select members of the Panel based on the healthcare provider's ability to cure, give relief, reduce the degree or length of injury, or aid in lessening the amount of the monthly compensation.
(b) A qualified health professional shall apply to be a member of the Panel, pursuant to an application issued by the Program. Any other healthcare provider may be designated a member by the Program without application.
(c) The Program may add and remove healthcare providers from the Panel at its discretion. A decision by the Program to remove a member from the Panel shall be final.
124.3

If the Program decides to remove a qualified health professional from the Panel, the Program shall give all of the claimants currently being treated by that qualified health professional notice of the decision, as well as a list of up to three (3) alternative Panel qualified health professionals, at least thirty (30) days before the qualified health professional is removed from the Panel.

124.4

The Program shall take appropriate steps to ensure that medical records are maintained in a confidential manner.

124.5

The Program may require a claimant to submit to physical examinations as frequently as may be reasonably required to investigate a claimant's initial and continued eligibility for benefits under the Act, as provided at § 136 of this chapter.

124.6

Upon notification of an injury or acceptance of a claim for compensation, the Program shall provide the employee or claimant with a list of up to three (3) qualified health professionals from the Panel and inform the employee or claimant of the requirements in § 123 of this chapter.

124.7

Within thirty (30) days after receipt of a written request for prior authorization for any medical care, supply, or service, the Program shall provide the claimant and qualified health professional written notice approving, denying, or disputing the request. If no authorization is granted within thirty (30) days the medical care, supply, or service shall be deemed approved, provided the medical care, supply, or service is for a condition that has been accepted as compensable by the Program.

124.8

When the Program disputes or denies a request for prior authorization by a qualified health professional pursuant to § 124.7 of this chapter because the Program believes the necessity, character, or sufficiency of the medical care is improper, the Program shall:

(a) Provide written notice of the dispute or denial to the claimant and qualified health professional; and
(1) Initiate utilization review;
(2) Request a hearing on the matter before the Chief Risk Officer; or
(3) Provide, with the written notice of denial or dispute, information about the claimant's rights to initiate utilization review and the claimant and the qualified health professional's right to request a hearing before the Chief Risk Officer.
124.9

If the Program denies a request for prior authorization for medical care, pursuant to § 124.7 of this chapter on any basis other than the necessity, character, or sufficiency of the medical care, the Program shall:

(a) Provide written notice of the denial to the claimant and qualified health professional; and
(b) Provide, with the written notice of denial to claimant, information about the claimant's right to appeal the decision to the Chief Risk Officer pursuant to § 156 of this chapter.
124.10

The Program shall not reimburse or pay costs incurred for services rendered by a healthcare provider who is not a member of the Program's Panel of Healthcare Providers, unless otherwise authorized by law or regulation or awarded on appeal. Reimbursement for costs incurred for services rendered by non-Panel healthcare providers shall be subject to utilization review and limited by the fee schedule prescribed in this chapter.

124.11

The Program may enter into a provider agreement with a healthcare provider that sets forth the provisions of this chapter and additional terms and conditions relating to the provision of services to District government employees and claimants, as determined by the Program to be reasonable and necessary to ensure appropriate care, including fee and payment guidelines.

124.12

The Program shall issue a decision on a request for reimbursement of medical services, appliances, or supplies submitted by a claimant pursuant to § 123.6 of this chapter within thirty (30) days of receipt of Form MR and required supporting documentation. The Program's decision shall include notice of claimant's right to appeal pursuant to § 156 of this chapter.

D.C. Mun. Regs. tit. 7, r. 7-124

Final Rulemaking published at 59 DCR 8766, 8793 (July 27, 2012); amended by Final Rulemaking published at 64 DCR 6325 (7/7/2017); amended by Final Rulemaking published at 66 DCR 4246 (4/5/2019)
Authority: Chief Risk Officer of the Office of Risk Management (ORM), Executive Office of the Mayor, pursuant to the authority set forth in section 2344 of the District of Columbia Government Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-623.44 (2012 Supp.)); section 7 of Reorganization Plan No. 1 of 2003 for the Office of Risk Management, effective December 15, 2003; and Mayor's Order 2004-198, effective December 14, 2004