Chapter 277

2007 -- S 0633 SUBSTITUTE A AS AMENDED

Enacted 07/06/07

 

A N A C T

RELATING TO HEALTH AND SAFETY - INSURANCE - HEALTH INSURANCE POLICY COVERAGE

          

     Introduced By: Senator C Levesque

     Date Introduced: February 15, 2007

 

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), the Intersoceital Accreditation Commission (IAC), or an alternate

nationally recognized accrediting organization whose accreditation standards are substantially

similar to and no less stringent than current or subsequent ACR or IAC standards and have been

reviewed and deemed adequate by the department of health. All accreditation standards under this

section, whether promulgated by the ACR, IAC, 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 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 eighteen (18) months of the effective date of this

section. Such accreditation shall be obtained not later than June 30, 2008. twelve (12) months

after submission of its application. A facility which begins conducting and processing of

magnetic resonance imaging examinations after June 30, 2006 shall file its application for

accreditation within twelve (12) months of the date of initiation of the magnetic resonance

imaging examinations. Such accreditation shall be obtained not later than June 30, 2008. twelve

(12) months after submission of its application. 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 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), the Intersocietal Accreditation Commission (IAC) or an alternate

nationally recognized accrediting organization whose accreditation standards are substantially

similar and no less stringent than current or subsequent ACR or IAC standards and have been

reviewed and deemed adequate by the department of health. All accreditation standards under this

section, whether promulgated by the ACR, IAC, 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 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 eighteen (18) months of the effective date of this

section. Such accreditation shall be obtained not later than June 30, 2008. twelve (12) months

after submission of its application. A facility which begins conducting and processing, magnetic

resonance imaging examinations after June 30, 2006 shall file its application for accreditation

within twelve (12) months of the date of initiation of the magnetic resonance imaging

examinations. Such accreditation shall be obtained not later than June 30, 2008. twelve (12)

months after submission of its application. 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 has not

been refused accreditation or withdrawn its application, will be deemed provisionally accredited

for the 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

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), the Intersocietal Accreditation Commission (IAC) or an alternate

nationally recognized accrediting organization whose accreditation standards are substantially

similar to and no less stringent than current or subsequent ACR or IAC standards and have been

reviewed and deemed adequate by the department of health. All accreditation standards under this

section, whether promulgated by the ACR, IAC, 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 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 eighteen (18) months of the effective date of this

section [January 1, 2006]. Such accreditation shall be obtained not later than June 30, 2008.

twelve (12) months after submission of its application. A facility which begins conducting and

processing, of magnetic resonance imaging examinations after June 30, 2006 shall file its

application for accreditation within twelve (12) months of the date of initiation of the magnetic

resonance imaging examinations. Such accreditation shall be obtained not later than June 30,

2008. twelve (12) months after submission of its application. After such accreditation is obtained,

a facility conducting and processing, of 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 twelve (12) month period dating from the application filing date.

Provided, further, that notwithstanding any provisions 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 the

accreditation process and shall certify said conformance to any reimbursing health insurer, health

maintenance organization or health plan.

 

     SECTION 4. Section 27-20-41 of the General Laws in Chapter 27-20 entitled "Nonprofit

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

 

     27-20-41. 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), the Intersocietal Accreditation Commission (IAC) or an alternate

nationally recognized accrediting organization whose accreditation standards are substantially

similar to and no less stringent than current or subsequent ACR or IAC standards and have been

reviewed and deemed adequate by the department of health. All accreditation standards under this

section, whether promulgated by the ACR, IAC, 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 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 eighteen (18) months of the effective date of this

section [January 1, 2006]. Such accreditation shall be obtained not later than June 30, 2008.

twelve (12) months after submission of its application. A facility which begins conducting and

processing, of magnetic resonance imaging examinations after June 30, 2006 shall file its

application for accreditation within twelve (12) months of the date of initiation of the magnetic

resonance imaging examinations. Such accreditation shall be obtained not later than June 30,

2008. twelve (12) months after submission of its application. 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 twelve (12) month period dating from the application filing date.

Provided, further, that notwithstanding any provisions 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 the

accreditation process and shall certify said conformance to any reimbursing health insurer, health

maintenance organization or health plan.

 

     SECTION 5. Section 27-41-56 of the General Laws in Chapter 27-41 entitled "Health

Maintenance Organizations" is hereby amended to read as follows:

 

     27-41-56. 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), the Intersocietal Accreditation Commission (IAC) or an alternate

nationally recognized accrediting organization whose accreditation standards are substantially

similar to and no less stringent than current or subsequent ACR or IAC standards and have been

reviewed and deemed adequate by the department of health. All accreditation standards under this

section, whether promulgated by the ACR, IAC, 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 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 eighteen (18) months of the effective date of this

section [January 1, 2006]. Such accreditation shall be obtained not later than June 30, 2008.

twelve (12) months after submission of its application. A facility which begins conducting and

processing, of magnetic resonance imaging examinations after June 30, 2006 shall file its

application for accreditation within twelve (12) months of the date of initiation of the magnetic

resonance imaging examinations. Such accreditation shall be obtained not later than June 30,

2008. twelve (12) months after submission of its application. 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 twelve (12) month period dating from the application filing date.

Provided, further, that notwithstanding any provisions 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 the

accreditation process and shall certify said conformance to any reimbursing health insurer, health

maintenance organization or health plan.

 

     SECTION 6. This act shall take effect upon passage.

     

=======

LC01759/SUB A

=======