Cal. Code Regs. Tit. 22, § 56261 - Notice to Members of PCCM Plan Action to Deny, Defer or Modify a Request for Medical Services
(a)
The PCCM plan shall provide members with a notice of an action taken by the
PCCM plan to deny a request by a provider for any medical service. Notice in
response to an initial request from a provider shall be provided in accordance
with this section. Notice in response to a request for continuation of a
medical service shall be provided in accordance with section
51014.1. Notice of denial shall
not be required in the following situations:
(1) The denial is a denial of a request for
prior authorization for coverage for treatment that has already been provided
to the member.
(2) The denial is a
non-binding verbal description to a provider of the services which may be
approved by the PCCM plan.
(3) The
denial is a denial of a request for drugs, and a drug identical in chemical
composition, dosage, and bioequivalence may be obtained through prior
authorization from the PCCM plan or from the list, established by the PCCM
plan, of drugs available without prior authorization from the
plan.
(b) The PCCM plan
shall provide members with a notice of deferral of a request by a provider for
a medical service. Notice of the deferral shall be delayed for 30 days to allow
the provider of the medical services time to submit the additional information
requested by the plan and to allow time for the PCCM plan to make a decision.
If, after 30 days from the PCCM plan's receipt of the request for prior
authorization, the provider has not complied with the PCCM plan's request for
additional information, the PCCM plan shall provide the member notice of denial
pursuant to subdivision (a). If, within that 30 day period, the provider does
comply, the PCCM plan shall take appropriate action on the request for prior
authorization as supplemented by the additional information, including
providing any notice to the member.
(c) The PCCM plan shall provide members
notice of modification of a request by a provider for prior authorization.
Notice in response to an initial request from a provider shall be provided in
accordance with this subdivision. Notice in response to a request for
continuation of a medical service shall be provided in accordance with section
51014.1. Notice of modification
pursuant to this subdivision shall not be required in the following situations:
(1) The PCCM plan may modify a request for
durable equipment without notice, as long as the substituted equipment is
capable of performing all medically significant functions that would have been
performed by the requested equipment.
(2) The PCCM plan may modify the duration of
any approved therapy or the length of stay in an acute hospital inpatient
facility without notice as long as the PCCM plan provides an opportunity for
the provider to request additional therapy or inpatient days before the end of
the approved duration of the therapy or length of stay.
(d) The written notice of action issued
pursuant to subdivision (a), (b), or (c) shall be deposited with the United
States postal service in time for pick-up no later than the third working day
after the action and shall specify:
(1) The
action taken by the PCCM plan.
(2)
The reason for the action taken.
(3) A citation of the specific regulations or
PCCM plan authorization procedures supporting the action.
(4) The member's right to a fair hearing,
including:
(A) The method by which a hearing
may be obtained.
(B) That the
member may be either:
1. Self
represented.
2. Represented by an
authorized third party such as legal counsel, relative, friend or any other
person.
(C) The time
limit for requesting fair hearing.
(e) For the purposes of this section, medical
services means those services that are subject to prior authorization under the
PCCM plan's authorization procedures.
(f) The provisions of this section apply only
for medical services that are covered in the contract between the Department
and the PCCM plan.
(g) The
provisions of this section do not apply to the decisions of providers serving
plan members when prior authorization of the service by the PCCM plan's
authorization procedures is not a condition of payment to the provider for the
medical service.
Notes
Note: Authority cited: Sections 14105 and 14124.5, Welfare and Institutions Code. Reference: Section 14450, Welfare and Institutions Code.
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