§432E-6.5 Expedited internal appeal, when authorized; standard for decision. (a) An enrollee may request that the internal appeal under section 432E-5 be conducted as an expedited appeal. If a request for expedited appeal is approved by the health carrier, the appropriate internal appeal shall be completed within seventy-two hours of receipt of the request for expedited appeal.
(b) An expedited appeal shall be authorized if the application of the sixty day standard review time frame may:
(1) Seriously jeopardize the life or health of the enrollee;
(2) Seriously jeopardize the enrollee's ability to gain maximum functioning; or
(3) Subject the enrollee to severe pain that cannot be adequately managed without the care or treatment that is the subject of the expedited appeal.
(c) The decision as to whether an enrollee's complaint is an expedited appeal shall be made by applying the standard of a reasonable individual who is not a trained health professional. The decision may be made for the managed care plan by an individual acting on behalf of the managed care plan. If a licensed health care provider with knowledge of a claimant's medical condition requests an expedited appeal on behalf of an enrollee, the request shall be treated as an expedited appeal. [L 2000, c 250, §2; am L 2004, c 27, §2; am L 2011, c 230, § §8, 9]
Structure Hawaii Revised Statutes
432E. Patients' Bill of Rights and Responsibilities Act
432E-1.5 Licensure of managed care plan medical directors.
432E-2 Conflict with other laws.
432E-4 Enrollee participation in treatment decisions.
432E-5 Complaints and appeals procedure for enrollees.
432E-6.5 Expedited internal appeal, when authorized; standard for decision.
432E-7 Information to enrollees.
432E-10 Managed care plan performance measurement and data reporting standards.
432E-11 Accreditation of managed care plans.
432E-31 Applicability and scope.
432E-32 Notice of right to external review.
432E-33 Request for external review.
432E-34 Standard external review.
432E-35 Expedited external review.
432E-36 External review of experimental or investigational treatment adverse determinations.
432E-37 Binding nature of external review decision.
432E-38 Approval of independent review organizations.
432E-39 Minimum qualifications for independent review organizations.
432E-40 Hold harmless for independent review organizations.
432E-41 External review reporting requirements.
432E-42 Funding of external review.