Current through Register Vol. 35, No. 24, December 23, 2024
Section 13.10.17.12 - NOTICE OF INITIAL DETERMINATIONThe notices required in Subsections A and B, of this section shall be provided to the covered person, the covered person's authorized representative, if applicable, and to a provider or other health care professional with knowledge of the covered person's medical condition.
A.Adverse determination.(1) If an adverse determination is based on a determination that the requested service is experimental, investigational or not medically necessary, clearly and completely explain why the requested health care service is not medically necessary or is experimental or investigational; a statement that the health care service is not medically necessary, is experimental, or is investigational will not be sufficient.(2) If an adverse determination is based on a lack of coverage, identify all health benefits plan provisions relied on in making the adverse determination, and clearly and completely explain why the requested health care service is not covered by any provision of the health benefits plan; a statement that the requested health care service is not covered by the health benefits plan will not be sufficient.(3) If the service has already been provided, then include the date of service, the provider, the claim amount (if applicable), and a statement describing the availability, upon request, of the diagnosis code and its corresponding meaning, and the treatment code and its corresponding meaning.(4) Include a description of the health care insurer's standard that was used in denying the claim.(5) Provide information stating that a request for review of an adverse determination must be filed with the health care insurer within 180 days.(6) If the adverse determination involves an urgent care situation, provide information that an expedited IRO review to be conducted at the same time as an expedited internal review may be requested.(7) Describe the procedures and provide all necessary grievance forms for requesting internal review of the decision.B.Administrative decision.(1) If the decision involves claims payment, handling or reimbursement for health care services, identify the provisions of the plan that were relied upon in making the decision, including cost-sharing provisions such as co-payments, co-insurance and deductibles.(2) If the decision involves termination of coverage, identify the provisions of the plan that were relied upon in making the determination.(3) If the service has already been provided, then include the date of service, the provider, the claim amount (if applicable), and a statement describing the availability, upon request, of the diagnosis code and its corresponding meaning, and the treatment code and its corresponding meaning.(4) Provide information that a request for an internal review of an administrative decision must be filed with the health care insurer within 180 days.(5) Describe the procedures and provide all necessary grievance forms for requesting internal review of the decision.N.M. Admin. Code § 13.10.17.12
Adopted by New Mexico Register, Volume XXVII, Issue 23, December 15, 2016, eff. 1/1/2017, Amended by New Mexico Register, Volume XXXII, Issue 11, June 8, 2021, eff. 1/1/2022