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Home » US Law » 2020 Mississippi Code » Title 41 - Public Health » Chapter 83 - Utilization Review of Availability of Hospital Resources and Medical Services

§ 41-83-1. Definitions

As used in this chapter, the following terms shall be defined as follows: “Utilization review” means a system for reviewing the appropriate and efficient allocation of hospital resources and medical services given or proposed to be given to a patient or group of patients as to necessity for the purpose of determining whether such service […]

§ 41-83-11. Expiration date of certificate; renewal; fees

A certificate expires on the second anniversary of its effective date unless the certificate is renewed for a two-year term as provided in this section. Before the certificate expires, a certificate may be renewed for an additional two-year term if the applicant: Otherwise is entitled to the certificate; Pays the department the renewal fee set […]

§ 41-83-17. Disclosure or publication of information; consent or authorization; court order

A private review agent may not disclose or publish individual medical records or any other confidential medical information obtained in the performance of utilization review activities without the patient’s authorization or an order of a county, circuit or chancery court of Mississippi or a U.S. district court. Provided, however, that nothing in this chapter shall […]

§ 41-83-19. Penalties for violations

A person who violates any provision of this chapter or any regulation adopted under this chapter is guilty of a misdemeanor and on conviction is subject to a penalty not exceeding One Thousand Dollars ($1,000.00).

§ 41-83-21. Certification of need of immediate hospital care; prima facie evidence

Notwithstanding language to the contrary elsewhere contained herein, if a licensed physician certifies in writing to an insurer within seventy-two (72) hours of an admission that the insured person admitted was in need of immediate hospital care, such shall constitute a prima facie case of the medical necessity of the admission. To overcome this, the […]

§ 41-83-23. Judicial review; other remedies

Any person aggrieved by a final decision of the department or a private review agent in a contested case under this chapter shall have the right of judicial appeal to the chancery court of the county of the residence of the aggrieved person. Notwithstanding any provision of this chapter, the insured shall have the express […]

§ 41-83-25. Health insurance plans; certificate requirement; contract with private review agent; reimbursement under policy where medical necessity in dispute

Every health insurance plan proposing to issue or deliver a health insurance policy or contract or administer a health benefit program which provides for the coverage of hospital and medical benefits and the utilization review of those benefits shall: Have a certificate in accordance with this chapter; or Contract with a private review agent who […]

§ 41-83-27. Other health insurance policies; certificate requirement; contract with private review agent; reimbursement under policy where medical necessity in dispute

Every insurer proposing to issue or deliver a health insurance policy or contract or administer a health benefit program which provides for the coverage of hospital and medical benefits and the utilization review of such benefits shall: Have a certificate in accordance with this chapter; or Contract with a private review agent that has a […]

§ 41-83-31. Adverse determination to patient or health-care provider; discussion of reasons; denial of third party reimbursement or precertification; evaluation by trained specialist

Any program of utilization review with regard to hospital, medical or other health-care services provided in this state shall comply with the following: No determination adverse to a patient or to any affected health-care provider shall be made on any question relating to the necessity or justification for any form of hospital, medical or other […]

§ 41-83-5. Certificate requirement for general in-house utilization review; exemptions

No certificate is required for those private review agents conducting general in-house utilization review for hospitals, home health agencies, preferred provider organizations or other managed care entities, clinics, private physician offices or any other health facility or entity, so long as the review does not result in the approval or denial of payment for hospital […]

§ 41-83-7. Application for certificate; fees

An applicant for a certificate shall: Submit an application to the department; and Pay to the department the application fee established by the department through regulation. The application shall: Be on a form and accompanied by any supporting documentation that the department requires; and Be signed and verified by the applicant. The application fee required […]

§ 41-83-9. Submission of information in conjunction with application

In conjunction with the application, the private review agent shall submit information that the department requires including: A utilization review plan that includes a description of review criteria, standards and procedures to be used in evaluating proposed or delivered hospital and medical care and the provisions by which patients, physicians or hospitals may seek reconsideration […]