Section 388-877-0655 - Grievance and appeal system and administrative hearings-Definitions The terms and definitions in this section apply to the behavioral health organization (BHO) grievance and appeal system and administrative hearing rules. Other definitions that apply to behavioral health services may be found at WAC 388-877-0200.
(1) "Administrative hearing" means a proceeding before an administrative law judge to review an adverse benefit determination or a BHO decision to deny or limit authorization of a requested nonmedicaid service communicated on a notice of determination.(2) "Adverse benefit determination" means, in the case of medicaid services administered by the BHO, any one or more of the following:(a) The denial or limited authorization of a requested service, including determinations based on the type or level of service, requirements for medical necessity, appropriateness, setting, or effectiveness of a covered benefit;(b) The reduction, suspension, or termination of a previously authorized service;(c) The denial, in whole or in part, of payment for a service;(d) The failure to provide services in a timely manner, as defined by the state;(e) The failure of a BHO to act within the grievance and appeal system time frames as provided in WAC 388-877-0660 through 388-877-0670 regarding the standard resolution of grievances and appeals;(f) For a resident of a rural area with only one BHO, the denial of an individual's request to exercise their right to obtain services outside the network;(g) The denial of an individual's request to dispute a financial liability, including cost sharing, copayments, premiums, deductibles, coinsurance, and other enrollee financial liabilities.(3) "Appeal" means a review by a behavioral health organization (BHO) of an adverse benefit determination, as defined in this section.(4) "Grievance" means an expression of dissatisfaction about any matter other than an adverse benefit determination. Grievances may include, but are not limited to, an individual's right to dispute an extension of time proposed by the BHO to make an authorization decision, the quality of care or services provided, aspects of interpersonal relationships such as rudeness of a behavioral health provider or employee, and failure to respect the individual's rights regardless of whether a specific action is requested by the individual.(5) "Grievance and appeal system" means the processes a BHO implements to handle appeals of adverse benefit determinations and grievances as well as the processes to collect and track information about them. The BHO must establish the grievance and appeal system and meet the requirements of 42 C.F.R. Sec. 438, Subpart F (2017).(6) "Individual" means a person who applies for, is eligible for, or receives BHO-authorized behavioral health services from an agency licensed by the department as a behavioral health agency. For the purposes of accessing the grievance and appeal system and the administrative hearing process, when another person is acting on an individual's behalf, the definition of individual also includes any of the following : (a) In the case of a minor, the individual's parent or, if applicable, the individual's custodial parent;(b) The individual's legal guardian;(c) The individual's representative if the individual gives written consent;(d) The individual's behavioral health provider if the individual gives written consent, except that the behavioral health provider cannot request continuation of benefits on the individual's behalf.(7) "Notice of adverse benefit determination" is a written notice a BHO provides to an individual to communicate an adverse benefit determination.(8) "Notice of determination" means a written notice that must be provided to an individual to communicate denial or limited authorization of a nonmedicaid service offered by the BHO. A notice of determination must contain the following: (a) The reason for denial or offering of alternative services;(b) A description of alternative services, if available; and(c) The right to request an administrative hearing, how to request a hearing, and the timeframes for requesting a hearing as identified in WAC 388-877-0675.Wash. Admin. Code § 388-877-0655
Adopted by WSR 16-13-087, Filed 6/15/2016, effective 7/16/2016Amended by WSR 17-20-006, Filed 9/21/2017, effective 10/22/2017