Chapter 424
2008 -- S 2866
Enacted 07/08/08
A N A C T
RELATING
TO HEALTH AND SAFETY - HEALTH CARE SERVICES UTILIZATION REVIEW ACT
Introduced
By: Senator Hanna M. Gallo
Date
Introduced: March 13, 2008
It is enacted by the General Assembly as
follows:
SECTION 1. Section
23-17.12-8.1 of the General Laws in Chapter 23-17.12 entitled
"Health Care Services - Utilization Review
Act" is hereby amended to read as follows:
23-17.12-8.1.
Variance of statutory requirements. [Repealed effective July 1, 2008.] -
- (a) The department is authorized to issue a
statutory variance from one or more of the specific
requirements of this chapter to a review agent
where it determines that such variance is necessary
to permit the review agent to evaluate and
address practitioner billing and practice patterns when
the review agent believes in good faith that
such patterns evidence the existence of fraud or
abuse. Any variance issued by the department
pursuant to this section shall be limited in
application to those services billed directly by
the practitioner. Prior to issuing a statutory
variance the department shall provide notice and
a public hearing to ensure necessary patient and
health care provider protections in the process.
Statutory variances shall be issued for a period not
to exceed one year and may be subject to such
terms and conditions deemed necessary by the
department.
(b) On or before
January 15th, 2008 of each year, the department shall
issue a report to
the general assembly summarizing any review
agent activity as a result of a waiver granted under
the provisions of this section.
SECTION 2. The
date for repeal of this section is hereby extended to July 1, 2011.
SECTION 3. This
act shall take effect upon passage.
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LC02299
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