Section 14197.3 - Timely and adequate notice of an adverse benefit determination(a) A Medi-Cal managed care plan shall give a beneficiary timely and adequate notice of an adverse benefit determination in writing consistent with the requirements in Sections 438.404, 438.408, and 438.10 of Title 42 of the Code of Federal Regulations. For purposes of this subdivision, "adverse benefit determination" means either of the following: (1) Any action described in Section 10950.(2) Any health care service eligible for coverage and payment under a Medi-Cal managed care plan contract that has been denied, modified, or delayed by a decision of the Medi-Cal managed care plan, or by one of its contracting providers.(b) Except as provided in subdivision (c), a Medi-Cal managed care plan shall resolve an appeal no more than 30 calendar days from the day the Medi-Cal managed care plan receives the appeal.(c) A Medi-Cal managed care plan shall resolve an expedited appeal no longer than 72 hours after the Medi-Cal managed care plan receives the appeal. A Medi-Cal managed care plan shall establish and maintain an expedited review process for a beneficiary or the beneficiary's provider to request an expedited resolution of an appeal based on either of the following circumstances:(1) If the Medi-Cal managed care plan determines, for a request from the beneficiary, or the provider indicates, in making the request on the beneficiary's behalf or supporting the beneficiary's request, that taking the time for a standard resolution under the timeframe described in subdivision (b) could seriously jeopardize the beneficiary's life, physical or mental health, or ability to attain, or regain, maximum function.(2) When the beneficiary's condition is such that the beneficiary faces an imminent and serious threat to his or her health, including, but not limited to, the potential loss of life, limb, or other major bodily function, or the timeframe described in subdivision (b) would be detrimental to the beneficiary's life or health or could jeopardize the beneficiary's ability to regain maximum function.(d) For purposes of this section, "Medi-Cal managed care plan" means any individual, organization, or entity that enters into a contract with the department to provide services to enrolled Medi-Cal beneficiaries pursuant to any of the following: (1) Article 2.7 (commencing with Section 14087.3), including dental managed care programs developed pursuant to Section 14087.46.(2) Article 2.8 (commencing with Section 14087.5).(3) Article 2.81 (commencing with Section 14087.96).(4) Article 2.82 (commencing with Section 14087.98).(5) Article 2.9 (commencing with Section 14088).(6) Article 2.91 (commencing with Section 14089).(7) Chapter 8 (commencing with Section 14200), including dental managed care plans.(8) Chapter 8.9 (commencing with Section 14700).(9) A county Drug Medi-Cal organized delivery system authorized under the California Medi-Cal 2020 Demonstration, Number 11-W-00193/9, as approved by the federal Centers for Medicare and Medicaid Services and described in the Special Terms and Conditions. For purposes of this subdivision, "Special Terms and Conditions" shall have the same meaning as set forth in subdivision (o) of Section 14184.10.Ca. Welf. and Inst. Code § 14197.3
Added by Stats 2017 ch 738 (AB 205),s 7, eff. 1/1/2018.