North Carolina § 135-48 - 24. Administrative review.

§ 135-48. 24. Administrative review.

If, after exhaustion of internal appeal handling as outlined in the contract with the Claims Processor any person is aggrieved, the Claims Processor shall bring the matter to the attention of the Executive Administrator and Board of Trustees, which shall promptly decide whether the subject matter of the appeal is a determination subject to external review under Part 4 of Article 50 of Chapter 58 of the General Statutes. The Executive Administrator and Board of Trustees shall inform the aggrieved person and the aggrieved person's provider of the decision and shall provide the aggrieved person notice of the aggrieved person's right to appeal that decision as provided in this subsection. If the Executive Administrator and Board of Trustees decide that the subject matter of the appeal is not a determination subject to external review, then the Executive Administrator and Board of Trustees may make a binding decision on the matter in accordance with procedures established by the Executive Administrator and Board of Trustees. The Executive Administrator and Board of Trustees shall provide a written summary of the decisions made pursuant to this section to all employing units, all health benefit representatives, all relevant health care providers affected by a decision, and to any other parties requesting a written summary and approved by the Executive Administrator and Board of Trustees to receive a summary immediately following the issuance of a decision. A decision by the Executive Administrator and Board of Trustees that a matter raised on internal appeal is a determination subject to external review as provided in subsection (b) of this section may be contested by the aggrieved person under Chapter 150B of the General Statutes. The person contesting the decision may proceed with external review pending a decision in the contested case under Chapter 150B of the General Statutes. The State Treasurer, in consultation with the Board of Trustees, shall adopt and implement utilization review and internal grievance procedures that are substantially equivalent to those required under G.S. 58-50-61 and G.S. 58-50-62. External review of determinations shall be conducted in accordance with Part 4 of Article 50 of Chapter 58 of the General Statutes. As used in this section, "determination" is a decision by the State Treasurer, or the Plan's designated utilization review organization administrated by or under contract with the Plan that an admission, availability of care, continued stay, or other health care service has been reviewed and, based upon information provided, does not meet the Plan's requirements for medical necessity, appropriateness, health care setting, or level of care or effectiveness, and the requested service is therefore denied, reduced, or terminated. Repealed by Session Laws 2011-398, s. 49, effective January 1, 2012, and applicable to contested cases commenced on or after that date. History (1981 (Reg. Sess., 1982), c. 1398, s. 6; 1985, c. 732, s. 53; 1985 (Reg. Sess., 1986), c. 1020, s. 20; 1991, c. 427, s. 6; 2001-446, s. 5(e); 2008-168, ss. 1(a), 2(a), (n); 2011-85, ss. 2.5(g), 2.10; 2011-398, s. 49.) Editor's Note. - Session Laws 2011-85, s. 2.5(g), effective January 1, 2012, recodified former G.S. 135-44.7 as G.S. 135-48.24 . Former G.S. 135-44.7 itself was formerly codified as G.S. 135-39.7. It was recodified as G.S. 135-38.10 under Part 2A of Article 3A of Chapter 135 by Session Laws 2008-168, s. 2(n), effective July 1, 2008, but was renumbered as G.S. 135-44.7 at the direction of the Revisor of Statutes. Session Laws 2001-446, s. 8, provides: "Nothing in this act obligates the General Assembly to appropriate funds to implement this act." Effect of Amendments. - Session Laws 2008-168, s. 2(n), effective July 1, 2008, substituted "G.S. 135-43.3" for "G.S. 135-39.3" in subsection (a); substituted "or the Plan's designated utilization review organization" for "the Plan's designated utilization review organization, or a self-funded health maintenance organization" in the third sentence of subsection (b); and added subsection (c), which read: 'The Board of Trustees shall make the final agency decision in all cases contested pursuant to Chapter 150B of the General Statutes. The Executive Administrator shall execute the Board's final agency decisions. For purposes of G.S. 150B-44 , the Board of Trustees is an agency that is a board or commission.' Session Laws 2011-85, s. 2.10, effective January 1, 2012, in the fourth sentence of subsection (a), deleted "the oversight team provided for in G.S. 135-43.3" following "all health benefit representatives"; and in subsection (b), twice substituted "State Treasurer" for "Executive Administrator and Board of Trustees" and inserted "in consultation with the Board of Trustees" in the first sentence. Session Laws 2011-398, s. 49, effective January 1, 2012, and applicable to contested cases commenced on or after that date, repealed subsection (c), which read: "The Board of Trustees shall make the final agency decision in all cases contested pursuant to Chapter 150B of the General Statutes. The Executive Administrator shall execute the Board's final agency decisions. For purposes of G.S. 150B-44 , the Board of Trustees is an agency that is a board or commission."