40-3228. Grievance procedures; minimum requirements. A health maintenance organization shall provide in its certificate of coverage the procedures for resolving enrollee grievances. At a minimum, the certificate of coverage shall include the following provisions:
(a) The definition of a grievance;
(b) how, where and to whom the enrollee should file such enrollee's grievance; and
(c) that upon receiving notification of a grievance related for payment of a bill for medical services, the health maintenance organization shall:
(1) Acknowledge receipt of the grievance in writing within 10 working days unless it is resolved within that period of time;
(2) conduct a complete investigation of the grievance within 20 working days after receipt of a grievance, unless the investigation cannot be completed within this period of time. If the investigation cannot be completed within 20 working days after receipt of a grievance, the enrollee shall be notified in writing within 30 working days time, and every 30 working days after that, until the investigation is completed. The notice shall state the reasons for which additional time is needed for the investigation;
(3) have within five working days after the investigation is completed, someone not involved in the circumstances giving rise to the grievance or its investigation decide upon the appropriate resolution of the grievance and notify the enrollee in writing of the decision of the health maintenance organization regarding the grievance and of any right to appeal. The notice shall explain the resolution of the grievance and any right to appeal. The notice shall explain the resolution of the grievance in terms which are clear and specific; and
(4) notify, if the health maintenance organization has established a grievance advisory panel, the enrollee of the enrollee's right to request the grievance advisory panel to review the decision of the health maintenance organization. This notice shall indicate that the grievance advisory panel is not obligated to conduct the review. This provision shall also state how, where and when the enrollee should make such enrollee's request for this review.
History: L. 1996, ch. 169, ยง 12; July 1.
Structure Kansas Statutes
Article 32 - Health Maintenance Organizations And Medicare Provider Organizations
40-3207 Denial, suspension or revocation of certificate; administrative penalty; notice; hearing.
40-3210 Prepaid per capita or aggregate fixed sum contracts authorized.
40-3211 Examination of organizations and providers.
40-3212 Filings and reports as public documents.
40-3214 Construction and relationship to other laws.
40-3215 Rules and regulations.
40-3217 Operational health maintenance organizations; issuance of certificate.
40-3218 Contractual designation of persons to make recommended findings to commissioner.
40-3219 Effect of act on federal assistance.
40-3221 Liability of officers.
40-3222 Use of certain words and initials prohibited.
40-3225 Fiduciary responsibilities; fidelity bond or insurance.
40-3226 Confidentiality of medical information.
40-3228 Grievance procedures; minimum requirements.
40-3230 Continuity of treatment upon termination of provider from plan.
40-3234 Health maintenance organization; financial condition; hearing; commissioner's powers.
40-3235 Health maintenance organization act; provisions supplemental to.