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<regulation prefix="Regulation" num=".03" citation="COMAR 10.67.09.03" title_num="10" subtitle_num="67" chapter_num="09" heading="MCO Provider Complaint Process.">
  <paragraph num="A.">
    <text>An MCO shall have a complaint procedure for providers that is:</text>
    <paragraph num="(1)">
      <text>Documented in writing;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Disseminated in writing to all of the MCO's providers at the time they join the MCO's provider panel, and furnished to a provider at any time, upon request; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Linked to the MCO's internal quality assurance program.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>An MCO shall include in its provider complaint process at least the following elements:</text>
    <paragraph num="(1)">
      <text>Procedures for registering and responding to provider grievances in a timely fashion, including standards for timeliness that recognize the need for expedited determinations in situations that are time-sensitive, that is, when an enrollee's treatment outcome may be significantly affected by the promptness of treatment, as set forth in Regulation .02C(1)(a) and (b) of this chapter apply;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Notification to the provider of an MCO's determination that affects the provider or that provider's patient, which includes a description of how to file an internal appeal with the MCO;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Documentation of the substance of complaints and steps taken;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Procedures to ensure the timely resolution of the complaint and response by the MCO to the provider;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Procedures for the termination or withdrawal of a provider from the MCO's provider panel, including:</text>
      <paragraph num="(a)">
        <text>At least 90 days prior notice to the primary care providers in the MCO's provider panel of the MCO's termination of a specialty services provider when the reason for the termination is unrelated to fraud, patient abuse, incompetency, or loss of licensure status;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If possible, at least 90 days prior notice to the primary care providers in the MCO's provider panel of a specialty services provider's withdrawal from the MCO's provider panel; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Notices to primary care providers informing them of the enrollee’s right to change MCOs as described in COMAR 10.67.02.06A(1)(e).</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>Mechanisms to aggregate and analyze appeal and grievance data and to use the data for quality improvement;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>An appeal process which:</text>
      <paragraph num="(a)">
        <text>Is available when the provider's appeal or grievance is not resolved to the provider's satisfaction, or when the MCO acts to reduce, suspend, or terminate provider's privileges with the MCO;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Acknowledges receipt of provider appeals within 5 business days of receipt by the MCO;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Allows providers 90 business days from the date of a denial to file an initial appeal;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Allows providers at least 15 business days from the date of denial to file each subsequent level of appeal;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Resolves appeals, regardless of the number of appeal levels allowed by the MCO, within 90 business days of receipt of the initial appeal by the MCO;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Pays claim within 30 days of the appeal decision when a claim denial is overturned;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Provides at its final level an opportunity for the provider to be heard by the MCO's chief executive officer, or the chief executive officer's designee;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Provides timely written notice to the provider of the results of the internal appeal; and</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Provides for written notice of the substance of the dispute and the result of the internal appeal to appropriate quality assurance committees and departments within the MCO; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>A protocol for transmitting provider appeal and grievance reports and aggregate provider grievance and appeal data to the Department when requested.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>An MCO may not take any punitive action against a provider for utilizing the MCO provider complaint process, for supporting an enrollee's appeal, or for requesting expedited resolution for an enrollee's appeal.</text>
  </paragraph>
  <paragraph num="D.">
    <text>An MCO or its pharmacy benefits manager shall resolve pharmacy appeals concerning drug pricing within 21 days of the receipt of a request.</text>
  </paragraph>
</regulation>