Chapter 596

2006 -- H 8175 SUBSTITUTE A

Enacted 07/14/06

A N A C T

RELATING TO INSURANCE

Introduced By: Representative Peter F. Kilmartin

Date Introduced: June 01, 2006

It is enacted by the General Assembly as follows:

SECTION 1. Section 23-17-51 of the General Laws in Chapter 23-17 entitled "Licensing

of Health Care Facilities" is hereby amended to read as follows:

23-17-51. Magnetic resonance imaging -- Quality assurance standards. -- (a) Except

as otherwise provided in subsection (b) of this section, a magnetic resonance imaging

examination eligible for reimbursement under the provisions of any individual or group health

insurance contract, plan or policy delivered in this state shall be reimbursed only if the facility at

which the examination has been conducted and processed is accredited by either the American

College of Radiology (ACR) or an alternate nationally recognized accrediting organization whose

accreditation standards are substantially similar to and no less stringent than current or

subsequent ACR standards and have been reviewed and deemed adequate by the department of

health. All accreditation standards under this section, whether promulgated by the ACR or an

alternate nationally recognized accrediting organization, shall include, but shall not be limited to,

provisions for establishing the qualifications of the physician, standards for quality control and

routine performance monitoring by a medical physicist, qualifications of the technologist

including minimum standards of supervised clinical experience, personnel and patient safety

guidelines, and standards for initial and ongoing quality control using clinical image review and

quantitative testing.

(b) Any facility conducting and processing magnetic resonance imaging examinations

which, as of ~~the effective date of this section~~ June 30, 2006, is receiving reimbursement for such

services by a health insurer, health maintenance organization or health plan, but is not accredited

pursuant to subsection (a), shall file its application for accreditation within ~~six (6)~~ eighteen (18)

months of the effective date of this section. Such accreditation shall be obtained ~~within eighteen~~

~~(18)~~ ~~months of the effective date of this section~~ not later than June 30, 2008. A facility which

begins conducting and processing of magnetic resonance imaging examinations after ~~the effective~~

~~date of this section~~ June 30, 2006 shall file its application for accreditation within ~~six (6)~~ twelve

(12) months of the date of initiation of the magnetic resonance imaging examinations. Such

accreditation shall be obtained ~~within eighteen (18) months of the date of the initiation of the~~

~~magnetic resonance imaging examinations~~ not later than June 30, 2008. After such accreditation

is obtained, a facility conducting and processing magnetic resonance imaging examinations shall,

at all times, maintain accreditation with the appropriate accrediting body. Notwithstanding

anything herein to the contrary, any facility which has filed for accreditation pursuant to this

subsection (b) and which has not been refused accreditation or withdrawn its application, will be

deemed provisionally accredited for the ~~eighteen (18)~~ twelve (12) month period dating from the

application filing date. Provided, further, that notwithstanding any provision of the general laws

or public laws to the contrary, any facility conducting and processing magnetic resonance

imaging examinations shall conform to the standards of the appropriate accrediting body at all

times, including during the accreditation process and shall certify said conformance to any

reimbursing health insurer, health maintenance organization or health plan.

SECTION 2. Section 27-18-53 of the General Laws in Chapter 27-18 entitled "Accident

and Sickness Insurance Policies" is hereby amended to read as follows:

27-18-53. Magnetic resonance imaging -- Quality assurance standards. -- (a) Except

as otherwise provided in subsection (b) of this section, a magnetic resonance imaging

examination eligible for reimbursement under the provisions of any individual or group health

insurance contract, plan or policy delivered in this state shall be reimbursed only if the facility at

which the examination has been conducted and processed is accredited by either the American

College of Radiology (ACR) or an alternate nationally recognized accrediting organization whose

accreditation standards are substantially similar and no less stringent than current or subsequent

ACR standards and have been reviewed and deemed adequate by the department of health. All

accreditation standards under this section, whether promulgated by the ACR or an alternate

nationally recognized accrediting organization, shall include, but shall not be limited to,

provisions for establishing the qualifications of the physician, standards for quality control and

routine performance monitoring by a medical physicist, qualifications of the technologist

including minimum standards of supervised clinical experience, personnel and patient safety

guidelines, and standards for initial and ongoing quality control using clinical image review and

quantitative testing.

(b) Any facility conducting and processing magnetic resonance imaging examinations

which, as of ~~the effective date of this section~~ June 30, 2006 is receiving reimbursement for such

services by a health insurer, health maintenance organization or health plan, but is not accredited

pursuant to subsection (a), shall file its application for accreditation within ~~six (6)~~ eighteen (18)

months of the effective date of this section. Such accreditation shall be obtained ~~within eighteen~~

~~(18 months of the effective date of this section~~ not later than June 30, 2008. A facility which

begins conducting and processing, magnetic resonance imaging examinations after ~~the effective~~

~~date of this section~~ June 30, 2006 shall file its application for accreditation within ~~six (6)~~ twelve

(12) months of the date of initiation of the magnetic resonance imaging examinations. Such

accreditation shall be obtained ~~within eighteen (18) months of the date of the initiation of the~~

~~magnetic resonance imaging examinations~~ not later than June 30, 2008. After such accreditation

shall be obtained, a facility conducting and processing, magnetic resonance imaging examinations

shall, at all times, maintain accreditation with the appropriate accrediting body. Notwithstanding

anything herein to the contrary, any facility which has filed for accreditation pursuant to this

subsection (b) and has not been refused accreditation or withdrawn its application, will be

deemed provisionally accredited for the ~~eighteen (18)~~ twelve (12) month period dating from the

application filing date. Provided, further, that notwithstanding any provision of the general or

public laws to the contrary, any facility conducting and processing magnetic resonance imaging

examinations shall conform to the standards of the appropriate accrediting body at all times,

including during said accreditation process and shall certify said conformance to any reimbursing

health insurer, health maintenance organization, or health plan.

SECTION 3. Section 27-19-46 of the General Laws in Chapter 27-19 entitled "Nonprofit

Hospital Service Corporations" is hereby amended to read as follows:

27-19-46. Magnetic resonance imaging -- Quality assurance standards. -- (a) Except