KANSAS INSURANCE DEPARTMENT

 

Notice of Hearing on Proposed

Administrative Regulations

 

            A public hearing will be conducted at 10:30 a.m., September 7, 2006, in the third floor  conference room, Kansas Insurance Department, 420 S.W. 9th, Topeka, Kansas, to consider the adoption of proposed changes in existing rules and regulations.

 

            The 60-day notice of the public hearing shall constitute a public comment period for purpose of receiving written public comments on the proposed rules and regulations.  All interested parties may submit written comments prior to the hearing to Deletria Nash, Kansas Insurance Department, 420 S.W. 9th, Topeka, Kansas, 66612-1678, via facsimile at 785-291-3673, or via email at dnash@ksinsurance.org.  All interested parties will be given a reasonable opportunity to present their views orally on the adoption of the proposed regulations during the hearing.

 

            A summary of the regulations and their economic impact follows.

 

            K.A.R. 40-4-41b.  Utilization review organizations; requirements for collecting information.  The purpose of the proposed amendments is to reflect changes made by the American Accreditation Health Commission a/k/a as URAC.  This is one of the major entities that accredit utilization review organizations nationally. These amendments were also made after consulting with the Utilization Review Advisory Committee.  The amendments to this regulation set out the standards and guidelines that utilization review organizations are to follow in collecting information to perform their utilization review functions.  This regulation also sets out what information the utilization review organization shall use in making its utilization review decisions.

 

            This regulation sets out requirements as to what information shall be collected in making utilization review decisions.  This could result in additional costs to the utilization review organizations in training their personnel in what information is to be collected and used in their decisions.  Training personnel in organizing and obtaining the information could be needed so that it meets the requirements of the regulation.  However, with the increase of managed care as a mechanism to deliver health care to consumers, these requirements are needed to safeguard consumers and insure that they get the care that they need. 

 

            Most of the changes to this regulation are technical only.  The only substantive change is the requirement that utilization review organizations must accept information from reasonably reliable sources that will assist in the certification process.

 

The economic impact on those entities that perform utilization review functions is justified in the protection of Kansas consumers.  These regulations were not mandated by federal law. The entities most impacted are utilization review organizations and health insurance carriers who perform utilization review activities and consumers of health insurance.

 

            K.A.R. 40-4-41f.  Utilization review organizations; review requirements.  The purpose of the proposed amendments is to reflect changes made by the American Accreditation Health Commission a/k/a as URAC.  This is one of the major entities that accredit utilization review organizations nationally. These amendments were also made after consulting with the Utilization Review Advisory Committee.  The amendments to this particular regulation add a requirement that utilization review organizations shall have a quality management program and what should be included in that quality management program. 

 

            This regulation adds the requirement that utilization review organizations have a quality management program.  This could result in additional costs to the utilization review organizations in implementing the quality management program.  However, with the increase of managed care as a mechanism to deliver health care to consumers, these requirements are needed to safeguard consumers and insure that they obtain the care that they need.

 

Most of the changes to this regulation are technical only.  The only substantive change is the requirement that utilization review organizations must ensure that the management process is not influenced by conflicts of interest.

 

The economic impact on those entities that perform utilization review functions is justified in the protection of Kansas consumers. These regulations were not mandated by federal law. The entities most impacted are utilization review organizations and health insurance carriers who perform utilization review activities and consumers of health insurance.

 

K.A.R. 40-4-41i.  Utilization review organizations; program qualifications.  The purpose of this proposed regulation is to reflect changes made by the American Accreditation Health Commission a/k/a as URAC.  This is one of the major entities that accredit utilization review organizations nationally. This regulation was proposed after consulting with the Utilization Review Advisory Committee.  This regulation sets out the criteria that the scripted clinical screening or explicit clinical review criteria shall meet if used by utilization review organizations.

 

This regulation sets out the criteria that scripted clinical screening or explicit clinical review criteria should meet if used by utilization review organizations.  This could result in some additional cost to utilization review organizations in ensuring that if they use explicit clinical review criteria or scripted clinical screening that it meets these criteria.  However, with the increase of managed care as a mechanism to deliver health care to consumers, these requirements are needed to safeguard consumers and insure that they obtain the care that they need.

 

There are two substantive changes proposed in this regulation.  The first change adds the requirement that the medical director or clinical director of each utilization review organizations must approve explicit clinical review criteria or scripts for scripted clinical screening.  The second change adds the requirement that periodic performance evaluations must include a review of case files of each member of the utilization review organization staff.  The remaining changes are technical.

 

The economic impact on those entities that perform utilization review functions is justified in the protection of Kansas consumers. These regulations were not mandated by federal law. The entities most impacted are utilization review organizations and health insurance carriers who perform utilization review activities and consumers of health insurance.

 

            K.A.R. 40-4-41j.  Utilization review organizations; written procedures to maintain confidentiality.  The purpose of this proposed regulation is to reflect changes made by the American Accreditation Health Commission a/k/a as URAC.  This is one of the major entities that accredit utilization review organizations nationally. This regulation was proposed after consulting with the Utilization Review Advisory Committee.  This regulation requires that utilization review organizations have written polices and procedures to maintain confidentiality of patient-specific information and what criteria those written policies and procedure should contain.

 

This regulation requires utilization review organizations have written policies and procedures to maintain confidentiality of patient-specific information.  This could result in some additional cost to utilization review organizations in establishing and maintaining these procedures.  However, with the increase of managed care as a mechanism to deliver health care to consumers, these requirements are needed to safeguard consumers and insure that they obtain the care that they need.

 

The proposed regulation adds requirements that utilization review organizations must have in its written policies and procures as they relate to patient-specific information.  The remaining changes are technical.

 

The economic impact on those entities that perform utilization review functions is justified in the protection of Kansas consumers.  These regulations were not mandated by federal law. The entities most impacted are utilization review organizations and health insurance carriers who perform utilization review activities and consumers of health insurance.

 

 

 

Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statements in an accessible format.  Requests for accommodation to participate in the hearing should be made at least 5 working days in advance by contacting Deletria Nash at (785) 296-4140 or via email at dnash@ksinsurance.org.  Any individual desiring a copy of these regulations and/or the policy and procedure that is being adopted by reference, if applicable, may obtain a copy from our website, www.ksinsurance.org, under the Legal Issues link or by contacting Deletria Nash by phone at (785)296-4140 or via email at dnash@ksinsurance.org.  The charge for copies is fifty cents per page.