<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".11" citation="COMAR 31.10.18.11" title_num="31" subtitle_num="10" chapter_num="18" heading="Demonstration of Compelling Reason to File Complaint.">
  <paragraph num="A.">
    <text>A member, a member’s representative, or a health care provider on behalf of a member may file a complaint without first exhausting the internal grievance process of a carrier if the complaint demonstrates to the satisfaction of the Commissioner a compelling reason to do so. A compelling reason includes showing that the potential delay in receipt of a health care service until after the member or health care provider exhausts the internal grievance process and obtains a final decision under the grievance process could result in:</text>
    <paragraph num="(1)">
      <text>Loss of life;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Serious impairment to a bodily function;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Serious dysfunction of a bodily organ;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The member remaining seriously mentally ill or using intoxicating substances with symptoms that cause the member to be in danger to self or others; or</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The member continuing to experience severe withdrawal symptoms.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A member is considered to be in danger to self or others if the member is unable to function in activities of daily living or care for self without imminent dangerous consequences.</text>
  </paragraph>
  <paragraph num="C.">
    <text>In a case involving a retrospective denial, there is no compelling reason to allow a member, a member’s representative, or a health care provider on behalf of a member to file a complaint without first exhausting the internal grievance process of a carrier.</text>
  </paragraph>
</regulation>