Substitute House Bill No. 6883
          Substitute House Bill No. 6883

               PUBLIC ACT NO. 97-99


AN ACT CONCERNING MANAGED CARE.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section 1. (NEW)  As used in sections 1 to 14,
inclusive, 20, 21 and 28 of this act:
    (1)   "Commissioner"   means   the   Insurance
Commissioner.
    (2)   "Managed  care  organization"  means  an
insurer, health care center, hospital  or  medical
service    corporation   or   other   organization
delivering,  issuing  for  delivery,  renewing  or
amending  any  individual  or group health managed
care plan in this state.
    (3)   "Managed  care  plan"  means  a  product
offered  by  a  managed  care  organization   that
provides  for  the financing or delivery of health
care services to  persons  enrolled  in  the  plan
through:  (A) Arrangements with selected providers
to furnish  health  care  services;  (B)  explicit
standards   for  the  selection  of  participating
providers; (C) financial incentives for  enrollees
to  use the participating providers and procedures
provided for by the plan; or (D) arrangements that
share   risks   with   providers,   provided   the
organization  offering  a  plan  described   under
subparagraph   (A),   (B),  (C)  or  (D)  of  this
subdivision   is   licensed   by   the   Insurance
Department pursuant to chapter 698, 698a or 700 of
the general statutes and that  the  plan  includes
utilization review pursuant to sections 38a-226 to
38a-226d, inclusive, of the general  statutes,  as
amended by this act.
    (4)  "Provider"  means  a  person  licensed to
provide health care services under chapters 370 to
373,  inclusive,  375  to 383b, inclusive, 384a to
384c,  inclusive,  of  the  general  statutes,  or
chapter 400j of the general statutes.
    (5)   "Enrollee"   means   a  person  who  has
contracted for or who participates  in  a  managed
care plan for himself or his eligible dependents.
    Sec.   2.  (NEW)  On  January  15,  1999,  and
annually thereafter,  the  Insurance  Commissioner
shall submit a report, to the Governor, and to the
joint standing committees of the General  Assembly
having  cognizance  of  matters relating to public
health and relating to insurance and real  estate,
concerning   the  commissioner's  responsibilities
under the provisions of this act. The report shall
include:  (1)  A  summary of the quality assurance
plans  submitted  by  managed  care  organizations
pursuant  to  section  4  of  this  act along with
suggested  changes  to  improve  such  plans;  (2)
suggested  modifications  to  the  consumer report
card developed under the provisions of section  13
of  this  act; (3) a summary of the commissioner's
procedures and  activities  in  conducting  market
conduct   examinations   of   utilization   review
companies, including, but not limited to: (A)  The
number  of  desk and field audits completed during
the previous  calendar  year;  (B)  a  summary  of
findings  of  the desk and field audits, including
any  recommendations  made  for  improvements   or
modifications;  (C)  a  description  of complaints
concerning managed  care  companies,  including  a
summary and analysis of any trends or similarities
found in the complaints filed by enrollees; (4)  a
summary   of   the   complaints  received  by  the
Insurance Department's Consumer  Affairs  Division
and the commissioner under section 20 of this act,
including a summary and analysis of any trends  or
similarities found in the complaints received; (5)
a summary of any violations the  commissioner  has
found  against  any managed care organization; and
(6) a summary of the issues discussed  related  to
health  care  or managed care organizations at the
Insurance Department's quarterly forums throughout
the state.
    Sec.   3.   (NEW)   (a)   Each   managed  care
organization, as defined in section 1 of this act,
that   fails   to   file   the  data,  reports  or
information required by this act shall pay a  late
fee  of  one  hundred dollars per day for each day
from  the  due  date  of  such  data,  reports  or
information  to  the  date of filing. Each managed
care  organization  that  files  incomplete  data,
reports or information shall be so informed by the
commissioner, shall be given a date  by  which  to
remedy  such  incomplete filing and shall pay said
late fee commencing from the new due date.
    (b)  On June 1, 1998, and annually thereafter,
the commissioner shall submit, to the Governor and
to  the  joint  standing committees of the General
Assembly having cognizance of matters relating  to
public  health  and  matters relating to insurance
and real estate, a  list  of  those  managed  care
organizations  that  have failed to file any data,
report or information required by this act.
    Sec.  4.  (NEW)  (a) On or before May 1, 1998,
and  annually  thereafter,   each   managed   care
organization shall submit to the commissioner:
    (1) A report  on  its  quality  assurance plan
that includes, but  is not limited to, information
on complaints related  to providers and quality of
care, on decisions related to patient requests for
coverage and on  prior  authorization  statistics.
Statistical information shall  be  submitted  in a
manner  permitting  comparison  across  plans  and
shall include, but  not  be  limited  to:  (A) The
ratio of the  number of complaints received to the
number  of  enrollees;   (B)   a  summary  of  the
complaints  received  related   to  providers  and
delivery of care  or services and the action taken
on the complaint;  (C)  the ratio of the number of
prior authorizations denied to the number of prior
authorizations  requested;  (D)   the   number  of
managed  care  organization's  utilization  review
determinations  not  to   certify   an  admission,
service, procedure or  extension  of stay, and the
denials upheld and  reversed  on appeal within the
managed  care  organization's  utilization  review
procedure; (E) the  percentage  of those employers
or groups that  renew  their  contracts within the
previous twelve months;  and (F) all data required
by the National  Committee  for  Quality Assurance
(NCQA)  for its  Health  Plan  Employer  Data  and
Information Set (HEDIS).  If  an organization does
not provide information for the National Committee
for Quality Assurance for its Health Plan Employer
Data and Information  Set,  then  it shall provide
such other equivalent data as the commissioner may
require by regulations  adopted in accordance with
the  provisions  of  chapter  54  of  the  general
statutes. The commissioner  shall  find  that  the
requirements of this  subdivision have been met if
the managed care  plan  has received a one-year or
higher  level of  accreditation  by  the  National
Committee for Quality  Assurance and has submitted
the Health Plan Employee Data Information Set data
required by subparagraph (F) of this subdivision.
    (2)   A   model  contract  that  contains  the
provisions currently in force in contracts between
the  organization  and  participating providers in
this state and, upon the commissioner's request, a
copy  of  any  individual  contracts  between such
parties, provided the  contract  may  withhold  or
redact proprietary fee schedule information.
    (3)  A  written  statement  of  the  types  of
financial arrangements or  contractual  provisions
that   the  managed  care  organization  has  with
hospitals,    utilization    review     companies,
physicians  and  any  other  health care providers
including, but not limited to, compensation  based
on  a  fee-for-service arrangement, a risk-sharing
arrangement or a capitated risk arrangement.
    (4)   Such  information  as  the  commissioner
deems necessary to complete  the  consumer  report
card  he  is  required  to  develop and distribute
pursuant  to  section  13  of   this   act.   Such
information  may  include, but need not be limited
to:  (A)   The   organization's   characteristics,
including  its  model,  its  profit  or  nonprofit
status, its  address  and  telephone  number,  the
length  of  time  it has been licensed in this and
any other  state,  its  number  of  enrollees  and
whether  it  has received any national or regional
accreditation; (B) a summary  of  the  information
required  by  subdivision  (3)  of  this  section,
including any change in a plan's  rates  over  the
prior  three  years,  its  medical  loss  ratio or
percentage of the total premium revenues spent  on
medical  care compared to administrative costs and
plan marketing, how  it  compensates  health  care
providers and its premium level; (C) a description
of services, the number of primary care physicians
and  specialists,  and distribution and the number
of hospitals, by county;  (D)  utilization  review
information,  including  the name or source of any
established medical protocols and the  utilization
review    standards;    (E)   medical   management
information,  including  the   provider-to-patient
ratio by primary care provider and speciality care
provider, the percentage of primary and speciality
care  providers  who  are board certified, and how
the  medical  protocols   incorporate   input   as
required in section 6 of this act; (F) the quality
assurance information  required  to  be  submitted
under   the   provisions  of  subdivision  (1)  of
subsection (a) of this section; (G) the status  of
the  organization's  compliance with the reporting
requirements of  this  section;  (H)  whether  the
organization  markets  to individuals and Medicare
recipients; (I) the number of  hospital  days  per
thousand  enrollees; and (J) the average length of
hospital stays for specific procedures, as may  be
requested by the commissioner.
    (5)  A  summary  of  the  procedures  used  by
managed   care   organizations    to    credential
providers.
    (b)   The  information  required  pursuant  to
subsection (a) of this section shall be consistent
with  the  data required by the National Committee
for Quality Assurance (NCQA) for its  Health  Plan
Employer Data and Information Set (HEDIS).
    (c)  The  commissioner  may  accept electronic
filing for any  of  the  requirements  under  this
section.
    (d)  No  managed  care  organization  shall be
liable for a claim arising out of  the  submission
of    any    information   concerning   complaints
concerning providers, provided  the  managed  care
organization  submitted  the  information  in good
faith.
    Sec.  5.  (NEW)  For  any  contract delivered,
issued for delivery, renewed, amended or continued
in  this  state  on or after October 1, 1997, each
managed  care  organization  shall  provide:   (1)
Annually   to  each  enrollee  a  listing  of  all
providers available under the  provisions  of  the
enrollee's    enrolment    agreement;    and   (2)
notification,  as  soon  as  possible,   to   each
enrollee upon the termination or withdrawal of the
enrollee's primary care physician.
    Sec.   6.   (NEW)   (a)   Each   managed  care
organization  shall,  prior  to  implementing  new
medical  protocols  or substantially or materially
altered existing medical protocols,  obtain  input
from physicians actively practicing in Connecticut
and practicing in the  relevant  specialty  areas.
The  managed  care  organization  shall  also seek
input from physicians who are not employees of  or
consultants,  other than to the extent a person is
an employee or consultant solely for the  purposes
of   this   subsection,   to   the   managed  care
organization   provided   the   input    is    not
unreasonably    withheld.    The    managed   care
organization shall obtain the input  in  a  manner
permitting  verification  by  the commissioner and
shall document the process by  which  it  obtained
the input.
    (b)  Each  managed care organization shall (1)
make   available,   upon   the   request   of    a
participating  provider, its medical protocols for
examination during regular business hours  at  the
principal  Connecticut headquarters of the managed
care organization,  and  (2)  if  a  managed  care
organization   denies   a  treatment,  service  or
procedure, the organization  shall  furnish,  upon
the request of a participating provider, a copy of
the relevant medical protocol to the participating
provider,  along with an explanation of the denial
at the time the denial is made.
    Sec.  7. (NEW) Each managed care organization,
in  developing  provider  profiles  or   otherwise
measuring health care provider performance, shall:
(1) Make allowances for the severity of illness or
condition  of the patient mix; (2) make allowances
for   patients   with   multiple   illnesses    or
conditions; (3) make available to the commissioner
documentation of how the managed care organization
makes  such  allowances;  and (4) inform enrollees
and participating providers, upon request, how the
managed  care  organization  considers patient mix
when profiling or evaluating providers.
    Sec.  8.  (NEW) (a) Each managed care contract
delivered, issued for delivery,  renewed,  amended
or  continued in this state on or after October 1,
1997, shall be  in  writing  and  a  copy  thereof
furnished   to   the   group  contract  holder  or
individual contract holder, as  appropriate.  Each
such   contract   shall   contain   the  following
provisions: (1) Name and address  of  the  managed
care  organization;  (2) eligibility requirements;
(3) a  statement  of  copayments,  deductibles  or
other  out-of-pocket  expenses  the  enrollee must
pay; (4) a statement of the nature of  the  health
care   services,   benefits  or  coverages  to  be
furnished and the period during which they will be
furnished and, if there are any services, benefits
or coverages to be excepted, a detailed  statement
of   such   exceptions,  provided  such  services,
benefits or coverages to be furnished conform at a
minimum  to the requirements of the federal Health
Maintenance Organization Act; (5) a  statement  of
terms  and  conditions upon which the contract may
be cancelled or otherwise terminated at the option
of   either  party;  (6)  claims  procedures;  (7)
enrollee grievance procedures; (8) continuation of
coverage;   (9)   conversion;  (10)  extension  of
benefits, if any; (11) subrogation, if  any;  (12)
description  of  the service area, and out-of-area
benefits and services, if any; (13) a statement of
the  amount  the  enrollee or others on his behalf
must pay to the managed care organization and  the
manner  in  which  such  amount is payable; (14) a
statement   that   the   contract   includes   the
endorsement  thereon  and attached papers, if any,
and contains the entire contract; (15) a statement
that   no   statement   by  the  enrollee  in  his
application for a contract shall void the contract
or  be  used  in  any legal proceeding thereunder,
unless such application or an exact  copy  thereof
is  included  in or attached to such contract; and
(16) a statement of the grace  period  for  making
any  payment  due  under the contract, which shall
not be less than ten days.  The  commissioner  may
waive  the  filing requirements of this subsection
for any managed care organization required to file
under section 38a-182 of the general statutes.
    (b)   Each  managed  care  organization  shall
provide every enrollee with  a  plan  description.
The plan description shall be in plain language as
commonly used by the enrollees and consistent with
chapter  699a  of  the  general statutes. The plan
description  shall  be  made  available  to   each
enrollee  and  potential  enrollee  prior  to  the
enrollee's entering into the contract  and  during
any  open  enrolment  period. The plan description
shall not contain provisions  or  statements  that
are   inconsistent   with   the   plan's   medical
protocols. The plan description shall contain:
    (1)  A  clear  summary  of  the provisions set
forth in subdivisions (1) to (12),  inclusive,  of
subsection (a) of this section, subdivision (3) of
section 4 of this act, sections 11, 12 and  13  of
this act;
    (2)  A statement of the number of managed care
organization's utilization  review  determinations
not to certify an admission, service, procedure or
extension of stay,  and  the  denials  upheld  and
reversed   on   appeal  within  the  managed  care
organization's utilization review procedure;
    (3)  A  description of emergency services, the
appropriate use of emergency  services,  including
to  the use of E 9-1-1 telephone systems, any cost
sharing applicable to emergency services  and  the
location   of   emergency  departments  and  other
settings in  which  participating  physicians  and
hospitals  provide  emergency  services  and  post
stabilization care;
    (4)   Coverage   of   the   plans,   including
exclusions of  specific  conditions,  ailments  or
disorders;
    (5)  The use of drug formularies or any limits
on the availability of prescription drugs;
    (6)  The  number,  types  and  specialties and
geographic  distribution  of  direct  health  care
providers;
    (7)    Participating    and   nonparticipating
provider reimbursement procedure;
    (8)  Preauthorization  and  utilization review
requirements and  procedures,  internal  grievance
procedures  and  internal  and  external complaint
procedures;
    (9)  The  medical loss ratio, or percentage of
total  premium  revenue  spent  on  medical   care
compared   to   administrative   costs   and  plan
marketing;
    (10)    The   plan's   for-profit,   nonprofit
incorporation and ownership status;
    (11)  Telephone  numbers for obtaining further
information, including the procedure for enrollees
to  contact  the  organization concerning coverage
and  benefits,  claims  grievance  and   complaint
procedures after normal business hours;
    (12)   How  notification  is  provided  to  an
enrollee when the plan is  no  longer  contracting
with an enrollee's primary care provider;
    (13)  The  procedures  for obtaining referrals
to specialists or for consulting a physician other
than the primary care physician;
    (14)  The status of the National Committee for
Quality Assurance (NCQA) accreditation;
    (15) Enrollee satisfaction information; and
    (16)    Procedures    for    protecting    the
confidentially  of  medical  records   and   other
patient information.
    Sec.  9.  (NEW)  (a)  Each contract delivered,
issued for delivery, renewed, amended or continued
in  this  state  on  and  after  October  1, 1997,
between  a  managed  care   organization   and   a
participating  provider shall require the provider
to give  at  least  sixty  days'  advance  written
notice  to the managed care organization and shall
require the managed care organization to  give  at
least  sixty  days'  advance written notice to the
provider in order to withdraw  from  or  terminate
the agreement.
    (b)  The  provisions of this section shall not
apply: (1) When lack of such notice  is  necessary
for  the  health  or  safety of the enrollees; (2)
when a provider has entered into a contract with a
managed  care  organization  that  is  found to be
based on fraud or material  misrepresentation;  or
(3)  when  a  provider  engages  in any fraudulent
activity related to the terms of his contract with
the managed care organization.
    (c)  No  managed  care organization shall take
or  threaten  to  take  any  action  against   any
provider   in   retaliation  for  such  provider's
assistance to an enrollee under the provisions  of
subsection (e) of section 18 or section 20 of this
act.
    Sec.  10.  (NEW) No contract delivered, issued
for delivery, renewed,  amended  or  continued  in
this state on and after October 1, 1997, between a
managed  care  organization  and  a  participating
provider  shall  prohibit  or  limit  any cause of
action or contract rights  an  enrollee  otherwise
has.
    Sec.  11.  (NEW)  Each  managed care plan that
requires a percentage coinsurance payment  by  the
insured  shall calculate the insured's coinsurance
payment  on  the  lesser  of  the  provider's   or
vendor's  charges for the goods or services or the
amount payable by the  managed  care  organization
for such goods or services.
    Sec.  12.  (NEW)  (a)  No  contract delivered,
issued for delivery, renewed, amended or continued
in  this  state  on  and  after  October  1, 1997,
between  a  managed  care   organization   and   a
participating provider shall prohibit the provider
from discussing with  an  enrollee  any  treatment
options  and  services  available  in  or  out  of
network, including experimental treatments.
    (b)   No   contract   delivered,   issued  for
delivery, renewed, amended or  continued  in  this
state  on  and  after  October  1, 1997, between a
managed  care  organization  and  a  participating
provider   shall   prohibit   the   provider  from
disclosing,  to  an  enrollee  who  inquires,  the
method  the  managed  care  organization  uses  to
compensate the provider.
    Sec.  13.  (NEW)  (a) Not later than March 15,
1999,  and  annually  thereafter,  the   Insurance
Commissioner,    after   consultation   with   the
Commissioner of Public Health, shall  develop  and
distribute  a  consumer report card on all managed
care organizations. The commissioner shall develop
the  consumer  report  card in a manner permitting
consumer comparison across organizations.
    (b)  The  consumer  report  card shall include
(1) all health care centers licensed  pursuant  to
chapter  698a  of the general statutes and (2) the
fifteen largest licensed health insurers that  use
provider  networks  and  that  are not included in
subdivision (1) of this subsection.  The  insurers
selected  pursuant  to  subdivision  (2)  of  this
subsection shall  be  selected  on  the  basis  of
Connecticut  direct  written  health premiums from
such network plans.
    (c)  The  commissioner  shall  test  market  a
draft of the consumer report  card  prior  to  its
publication  and distribution. As a result of such
test marketing,  the  commissioner  may  make  any
necessary modification to its form or substance.
    Sec. 14. (NEW)  Each managed care organization
shall establish and maintain an internal grievance
procedure to assure  that  enrollees  may  seek  a
review of any  grievance  that  may  arise  from a
managed care organization's  action  or  inaction,
other than action or inaction based on utilization
review, and obtain a timely resolution of any such
grievance. Such grievance  procedure  shall comply
with the following requirements:
    (1)   Enrollees   shall  be  informed  of  the
grievance  procedure  at  the  time   of   initial
enrolment  and  at  not less than annual intervals
thereafter,  which  notification  may  be  met  by
inclusion in an enrolment agreement or update.
    (2)   Notices   to  enrollees  describing  the
grievance procedure shall explain: (A) The process
for  filing  a  grievance  with  the  managed care
organization; (B)  that  the  enrollee,  a  person
acting  on  behalf  of  an enrollee, including the
enrollee's  health  care  provider,  may  make   a
request  for  review  of  a grievance; and (C) the
time  periods  within  which  the   managed   care
organization must resolve the grievance.
    Sec.   15.  Section  38a-226  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    For  purposes of sections 38a-226 to 38a-226d,
inclusive, AS AMENDED BY THIS ACT:
    (1)    "Utilization    review"    means    the
prospective  or  concurrent  assessment   of   the
necessity and appropriateness of the allocation of
health  care  resources  and  services  given   or
proposed  to be given to an individual within this
state.  Utilization  review  shall   not   include
elective requests for clarification of coverage.
    (2)  "Utilization  review  company"  means any
company, organization or other  entity  performing
utilization review, except:
    (A) An agency of the federal government;
    (B)  An  agent acting on behalf of the federal
government, but only to the extent that the  agent
is providing services to the federal government;
    (C)  Any  agency  of the state of Connecticut;
or
    (D)  A  hospital's  internal quality assurance
program except if associated with  a  health  care
financing mechanism.
    (3)   "Commissioner"   means   the   Insurance
Commissioner.
    (4)  "Enrollee"  means  an  individual who has
contracted for or  who  participates  in  coverage
under  an  insurance  policy, a health care center
contract, an employee  welfare  benefits  plan,  a
hospital  or medical services plan contract or any
other   benefit   program    providing    payment,
reimbursement  or  indemnification for health care
costs  for   an   individual   or   his   eligible
dependents.
    (5)  "Provider  of record" or "provider" means
the  physician  or  other  licensed   practitioner
identified  to  the  utilization  review  agent as
having  primary  responsibility  for   the   care,
treatment and services rendered to an individual.
    Sec.  16.  Section  38a-226a  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  [On  or  after  October  1,  1992,  a] NO
utilization  review  company  may  [not]   conduct
utilization  review  in  this  state  unless it is
licensed by the commissioner. All licenses  [must]
SHALL be renewed on an annual basis.
    (b)  The  annual  license  fee  shall  be  two
thousand  five  hundred  dollars  and   shall   be
dedicated   exclusively   to   the  regulation  of
utilization review.
    (c)  The  request  for  licensure  or  renewal
shall include the name, address, telephone  number
and  normal  business  hours  of  the  utilization
review company, the name and telephone number of a
person   for  the  commissioner  to  contact,  and
evidence of compliance noted in the provisions  of
section  38a-226c,  AS  AMENDED  BY  THIS ACT. Any
material  changes  in  the  information  filed  in
accordance  with  this  subsection  shall be filed
with the commissioner within thirty  days  of  the
change.
    (d)  The  [Insurance  Department] COMMISSIONER
shall receive and investigate all grievances filed
against   utilization   review   companies  by  an
enrollee. THE COMMISSIONER SHALL CODE,  TRACK  AND
REVIEW ALL GRIEVANCES. THE COMMISSIONER MAY IMPOSE
SUCH PENALTIES AS AUTHORIZED, IN  ACCORDANCE  WITH
SECTION 38a-226b, AS AMENDED BY THIS ACT.
    (e)   In   the   absence  of  any  contractual
agreement  to  the  contrary,  the   enrollee   is
responsible  for  requesting certification and for
authorizing the provider to release, in  a  timely
manner,  all  information necessary to conduct the
review. A utilization review company shall  permit
either the enrollee, the enrollee's representative
or the provider of record to assist in  fulfilling
that responsibility.
    (f)   If   the  commissioner  determines  that
additional data from a utilization review  company
is  necessary  to  determine  compliance  with the
provisions  of  sections  38a-226   to   38a-226d,
inclusive,  AS AMENDED BY THIS ACT, he may require
the utilization review company to provide  [on  an
annual  basis,]  data relating to reviews, appeals
and denials.
    Sec.  17.  Section  38a-226b  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (1)  Whenever  the  commissioner has reason to
believe that a utilization review company  subject
to  sections  38a-226  to  38a-226d, inclusive, AS
AMENDED BY THIS ACT, has been or  is  engaging  in
conduct  in violation of said sections, and that a
proceeding by him in respect thereto would  be  in
the interest of the public, the commissioner shall
issue and serve upon such company a  statement  of
the  charges  in  that  respect  and a notice of a
hearing to be held at a time and  place  fixed  in
the  notice,  which  shall not be less than thirty
days after the date of service. At  the  time  and
place  fixed  for such hearing, such company shall
have an opportunity to be heard and to show  cause
why   an   order   should   not  be  made  by  the
commissioner requiring such company to  cease  and
desist from the alleged conduct complained of.
    (2)  If,  after such hearing, the commissioner
determines that  the  utilization  review  company
charged  has  engaged  in  a violation of sections
38a-226 to 38a-226d, inclusive, AS AMENDED BY THIS
ACT,  he  shall reduce his findings to writing and
shall issue  and  cause  to  be  served  upon  the
utilization review company a copy of such findings
and an order requiring such company to  cease  and
desist   from  engaging  in  such  violation.  The
commissioner may, at his discretion, order any one
or more of the following:
    (A)  Payment  of  a  civil penalty of not more
than one thousand dollars for each and  every  act
or  violation,  provided  such  penalty  shall not
exceed  an  aggregate  penalty  of  ten   thousand
dollars  unless  the  company  knew  or reasonably
should have known it was in violation of  sections
38a-226 to 38a-226d, inclusive, AS AMENDED BY THIS
ACT, in which case the penalty shall be  not  more
than  five thousand dollars for each and every act
or violation not to exceed an aggregate penalty of
fifty thousand dollars in any six-month period;
    (B)    Suspension   or   revocation   of   the
utilization  review  company's   license   to   do
business  in  this  state if it knew or reasonably
should have known that  it  was  in  violation  of
sections   38a-226   to  38a-226d,  inclusive,  AS
AMENDED BY THIS ACT; and
    (C)  Payment  of  such  reasonable expenses as
may be  necessary  to  compensate  the  [Insurance
Department]  COMMISSIONER  in  connection with the
proceedings under this subdivision which shall  be
dedicated   exclusively   to   the  regulation  of
utilization review.
    (3)  Any  company  aggrieved by any such order
of  the  commissioner  may  appeal  therefrom   in
accordance  with  the provisions of section 4-183,
except venue for  such  appeal  shall  be  in  the
judicial district of Hartford-New Britain*.
    (4)  Any  person  who  violates  a  cease  and
desist order of the commissioner made pursuant  to
this  section  and  while  such order is in effect
shall, after notice and hearing and upon order  of
the commissioner, be subject to the following: (A)
A civil penalty of not more  than  fifty  thousand
dollars;  or  (B) suspension or revocation of such
person's license.
    Sec.  18.  Section  38a-226c  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  All  utilization  review companies [must]
SHALL meet the following minimum standards:
    (1)  Each  utilization  review  company  shall
maintain  and  make   available   procedures   for
providing   notification   of  its  determinations
regarding certification  in  accordance  with  the
following:
    (A)   Notification   of  [a]  ANY  prospective
determination by the  utilization  review  company
shall  be  mailed or otherwise communicated to the
provider  of  record  or  the  enrollee  or  other
appropriate individual within two business days of
the  receipt  of  all  information  necessary   to
complete  the  review,  PROVIDED ANY DETERMINATION
NOT TO CERTIFY AN ADMISSION, SERVICE, PROCEDURE OR
EXTENSION  OF  STAY  SHALL  BE IN WRITING. AFTER A
PROSPECTIVE  DETERMINATION  THAT   AUTHORIZES   AN
ADMISSION, SERVICE, PROCEDURE OR EXTENSION OF STAY
HAS   BEEN   COMMUNICATED   TO   THE   APPROPRIATE
INDIVIDUAL, BASED ON ACCURATE INFORMATION FROM THE
PROVIDER, THE UTILIZATION REVIEW COMPANY  MAY  NOT
REVERSE  SUCH  DETERMINATION  IF  SUCH  ADMISSION,
SERVICE, PROCEDURE OR EXTENSION OF STAY HAS  TAKEN
PLACE IN RELIANCE ON SUCH DETERMINATION.
    (B)     Notification     of    a    concurrent
determination  shall  be   mailed   or   otherwise
communicated  to the provider of record within two
business  days  of  receipt  of  all   information
necessary  to  complete  the  review  or, provided
[that] all information necessary  to  perform  the
review  has been received, prior to the end of the
current  certified   period   AND   PROVIDED   ANY
DETERMINATION   NOT   TO   CERTIFY  AN  ADMISSION,
SERVICE, PROCEDURE OR EXTENSION OF STAY  SHALL  BE
IN WRITING.
    (C)  THE  UTILIZATION REVIEW COMPANY SHALL NOT
MAKE A  DETERMINATION  NOT  TO  CERTIFY  BASED  ON
INCOMPLETE   INFORMATION  UNLESS  IT  HAS  CLEARLY
INDICATED, IN WRITING, TO THE PROVIDER  OF  RECORD
OR THE ENROLLEE ALL THE INFORMATION THAT IS NEEDED
TO MAKE SUCH DETERMINATION.
    (D)  NOTWITHSTANDING SUBPARAGRAPHS (A) TO (C),
INCLUSIVE, OF THIS  SUBDIVISION,  THE  UTILIZATION
REVIEW  COMPANY  MAY  GIVE  AUTHORIZATION  ORALLY,
ELECTRONICALLY  OR  COMMUNICATED  OTHER  THAN   IN
WRITING. IF THE DETERMINATION IS AN APPROVAL FOR A
REQUEST, THE COMPANY SHALL PROVIDE A  CONFIRMATION
NUMBER CORRESPONDING TO THE AUTHORIZATION.
    [(C)]  (E)  Any  notice of a determination not
to certify an  admission,  service,  procedure  or
extension of stay shall include in writing (i) the
principal reasons  for  the  determination,  [and]
(ii)  the  procedures to initiate an appeal of the
determination or the name and telephone number  of
the  person  to  contact  with regard to an appeal
PURSUANT TO THE PROVISIONS OF  THIS  SECTION,  AND
(iii)  THE PROCEDURE TO APPEAL TO THE COMMISSIONER
PURSUANT TO SECTION 20 OF THIS ACT.
    (2)  Each  utilization  review  company  shall
maintain and make available a written  description
of  the  appeal  procedure  by  which  either  the
enrollee or the provider of record may seek review
of  determinations  not  to  certify an admission,
service,  procedure  or  extension  of  stay.  The
procedures   for   appeals   shall   include   the
following:
    (A)  Each  utilization  review  company  shall
notify in writing the  enrollee  and  provider  of
record  of its determination on the appeal as soon
as practical, but in no  case  later  than  thirty
days after receiving the required documentation on
the appeal.
    (B)  On  appeal,  all  determinations  not  to
certify  an  admission,  service,   procedure   or
extension  of  stay  shall  be  made by a licensed
practitioner of the medical arts.
    (3)    The   process   established   by   each
utilization   review   company   may   include   a
reasonable  period  within which an appeal must be
filed to be considered.
    (4)  Each  utilization  review  company  shall
also provide for an expedited appeals process  for
emergency  or  life  threatening  situations. Each
utilization  review  company  shall  complete  the
adjudication  of such expedited appeals within two
business days of the date the appeal is filed  and
all  information  necessary to complete the appeal
is received by the utilization review company.
    (5)  Each  utilization  review  company  shall
utilize  written  clinical  criteria  and   review
procedures  which are established and periodically
evaluated and updated with appropriate involvement
from practitioners.
    (6)  Nurses,  practitioners and other licensed
health  professionals  making  utilization  review
decisions shall have current licenses from a state
licensing  agency  in   the   United   States   or
appropriate   certification   from   a  recognized
accreditation agency in the United States.
    (7)  In  cases  where  an  appeal to reverse a
determination not to certify is unsuccessful, each
utilization  review  company [should] SHALL assure
that a practitioner in a specialty related to  the
condition  is  reasonably  available to review the
case. WHEN THE REASON FOR THE DETERMINATION NOT TO
CERTIFY  IS  BASED ON MEDICAL NECESSITY, INCLUDING
WHETHER   A   TREATMENT   IS    EXPERIMENTAL    OR
INVESTIGATIONAL,  EACH  UTILIZATION REVIEW COMPANY
SHALL HAVE THE CASE REVIEWED BY A PHYSICIAN WHO IS
A SPECIALIST IN THE FIELD RELATED TO THE CONDITION
THAT IS THE SUBJECT  OF  THE  APPEAL.  THE  REVIEW
SHALL  BE  COMPLETED  WITHIN  THIRTY  DAYS  OF THE
REQUEST FOR REVIEW. THE UTILIZATION REVIEW COMPANY
SHALL  BE  FINANCIALLY  RESPONSIBLE FOR THE REVIEW
AND  SHALL  MAINTAIN,   FOR   THE   COMMISSIONER'S
VERIFICATION,   DOCUMENTATION   OF   THE   REVIEW,
INCLUDING THE NAME OF THE REVIEWING PHYSICIAN.
    (8)  [Each]  EXCEPT  AS PROVIDED IN SUBSECTION
(e)  OF  THIS  SECTION,  EACH  utilization  review
company  shall  make  review  staff  available  by
toll-free telephone, at least forty hours per week
during normal business hours.
    [(9)   Unless  there  is  a  contrary  written
agreement between the utilization  review  company
and  the  hospital,  all  hospitals  in this state
shall  permit  each  licensed  utilization  review
company  to  conduct reviews on the premises. Each
utilization  review  company  shall  conduct   its
telephone,  on-site  information gathering reviews
and hospital communications during the  hospitals'
and  practitioners' reasonable and normal business
hours,  unless  otherwise  mutually  agreed.  Each
utilization  review company's staff shall identify
themselves by  name  and  by  the  name  of  their
organization  and,  for  on-site  reviews,  should
carry picture identification and  the  utilization
review company's company identification card.
    (10)]  (9)  Each  utilization  review  company
shall comply with all applicable federal and state
laws  to protect the confidentiality of individual
medical records. Summary and aggregate data  shall
not  be  considered  confidential  if  it does not
provide   sufficient    information    to    allow
identification of individual patients.
    [(11)]  (10)  Each  utilization review company
shall  allow  a  minimum  of   twenty-four   hours
following   an  emergency  admission,  service  or
procedure for an enrollee or his representative to
notify  the utilization review company and request
certification or  continuing  treatment  for  that
condition.
    (11)  NO  UTILIZATION  REVIEW COMPANY MAY GIVE
AN EMPLOYEE ANY FINANCIAL INCENTIVE BASED  ON  THE
NUMBER  OF  DENIALS OF CERTIFICATION SUCH EMPLOYEE
MAKES.
    (12)  EACH  UTILIZATION  REVIEW  COMPANY SHALL
ANNUALLY FILE WITH THE COMMISSIONER (A) THE  NAMES
OF  ALL  MANAGED CARE ORGANIZATIONS, AS DEFINED IN
SECTION 1 OF THIS ACT, THAT THE UTILIZATION REVIEW
COMPANY   SERVICES   IN   CONNECTICUT,   (B)   ANY
UTILIZATION  REVIEW   SERVICES   FOR   WHICH   THE
UTILIZATION  REVIEW COMPANY HAS CONTRACTED OUT FOR
SERVICES AND THE NAME OF  SUCH  COMPANY  PROVIDING
THE  SERVICES,  AND  (C) THE NUMBER OF UTILIZATION
REVIEW DETERMINATIONS NOT TO CERTIFY AN ADMISSION,
SERVICE,  PROCEDURE  OR  EXTENSION OF STAY AND THE
OUTCOME OF SUCH DETERMINATION UPON  APPEAL  WITHIN
THE UTILIZATION REVIEW COMPANY.
    (13)   ANY   UTILIZATION  REVIEW  DECISION  TO
INITIALLY  DENY  SERVICES  SHALL  BE  MADE  BY   A
LICENSED HEALTH PROFESSIONAL.
    (b)   UNLESS   THERE  IS  A  CONTRARY  WRITTEN
AGREEMENT BETWEEN THE UTILIZATION  REVIEW  COMPANY
AND  THE  HOSPITAL,  ALL  HOSPITALS  IN THIS STATE
SHALL  PERMIT  EACH  LICENSED  UTILIZATION  REVIEW
COMPANY  TO  CONDUCT REVIEWS ON THE PREMISES. EACH
UTILIZATION  REVIEW  COMPANY  SHALL  CONDUCT   ITS
TELEPHONE,  ON-SITE  INFORMATION GATHERING REVIEWS
AND HOSPITAL COMMUNICATIONS DURING THE  HOSPITALS'
AND  PRACTITIONERS' REASONABLE AND NORMAL BUSINESS
HOURS,  UNLESS  OTHER  ARRANGEMENTS  ARE  MUTUALLY
AGREED  UPON.  EACH  UTILIZATION  REVIEW COMPANY'S
STAFF SHALL IDENTIFY THEMSELVES BY NAME AND BY THE
NAME   OF  THEIR  ORGANIZATION  AND,  FOR  ON-SITE
REVIEWS, SHALL CARRY  PHOTOGRAPHIC  IDENTIFICATION
AND   THE  UTILIZATION  REVIEW  COMPANY'S  COMPANY
IDENTIFICATION CARD.
    [(12)]   (c)  The  provider  of  record  shall
provide to each utilization review company, within
a   reasonable   period   of  time,  all  relevant
information necessary for the  utilization  review
company   to  certify  the  admission,  procedure,
treatment  or  length  of  stay.  Failure  of  the
provider  to provide such documentation for review
shall be grounds for a denial of certification  in
accordance  with  the  policy  of  the utilization
review company or the health benefit plan.
    [(13)]  (d)  No  provider,  enrollee  or agent
thereof may  provide  to  any  utilization  review
company   information   which   is  fraudulent  or
misleading. If fraudulent or misleading statements
have  occurred,  the  commissioner  shall  provide
notice of the alleged violation and opportunity to
request a hearing in accordance with chapter 54 to
said provider, enrollee [,] or agent thereof. If a
hearing is not requested or if after a hearing the
commissioner finds that a violation  has  in  fact
occurred,  the  commissioner  may  impose  a civil
penalty [(A)] (1) of not more than  five  thousand
dollars,  or [(B)] (2) commensurate with the value
of services provided which  were  certified  as  a
result    of   said   fraudulent   or   misleading
information. In addition, any allegation or denial
made  without  reasonable  cause  and found untrue
shall subject the party pleading the same  to  the
payment  of  such  reasonable  expenses  as may be
necessary to compensate the [Insurance] Department
for expenses incurred due to such untrue pleading.
All such  payments  to  the  department  shall  be
dedicated   exclusively   to   the  regulation  of
utilization review.
    [(14)  No  employee  of  a  utilization review
company may receive any financial incentive  based
on  the number of denials of certification made by
such employee.
    (15)]  (e) ON OR AFTER NOVEMBER 1, 1997, IF AN
ENROLLEE  HAS  BEEN  ADMITTED  TO  AN  ACUTE  CARE
HOSPITAL  AND  THE  ATTENDING PHYSICIAN DETERMINES
THAT THE ENROLLEE'S LIFE  WILL  BE  ENDANGERED  OR
OTHER SERIOUS INJURY OR ILLNESS COULD OCCUR IF THE
PATIENT IS DISCHARGED OR IF TREATMENT IS  DELAYED,
THE  ATTENDING PHYSICIAN MAY TRANSMIT, PURSUANT TO
THE STANDARDIZED  PROCESS  DEVELOPED  PURSUANT  TO
SECTION 22 OF THIS ACT, A REQUEST FOR AN EXPEDITED
REVIEW TO THE UTILIZATION REVIEW COMPANY. IF  SUCH
ATTENDING  PHYSICIAN  RECEIVES NO RESPONSE, IN THE
STANDARDIZED PROCESS DEVELOPED PURSUANT TO SECTION
22  OF  THIS  ACT,  FROM  THE  UTILIZATION  REVIEW
COMPANY AFTER THREE HOURS HAVE  PASSED  SINCE  THE
PROVIDER  SENT  THE  REQUEST  AND  ALL INFORMATION
NEEDED TO COMPLETE THE REVIEW, THE  REQUEST  SHALL
BE   DEEMED   APPROVED.  EACH  UTILIZATION  REVIEW
COMPANY SHALL MAKE  REVIEW  STAFF  AVAILABLE  FROM
8:00   A.M.  TO  9:00  P.M.  TO  PROCESS  REQUESTS
PURSUANT TO THIS SUBSECTION.
    (f)  The  Insurance  Commissioner,  [in] AFTER
consultation  with  the  Commissioner  of   Public
Health,   [may]   SHALL   adopt   regulations,  in
accordance with chapter 54, as he deems  necessary
to  clarify  or supplement the standards set forth
in  this  [subsection]  SECTION.  THE  REGULATIONS
SHALL INCLUDE STANDARDS, WHICH MAY BE BASED ON THE
NATIONAL STANDARDS OF THE  AMERICAN  ACCREDITATION
HEALTH    CARE    COMMISSION,    CONCERNING    THE
CONFIDENTIALITY OF PATIENT MEDICAL RECORDS.
    Sec.  19.  Section  38a-226d  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    [Notwithstanding  the  provisions  of  section
38a-226c, the] THE commissioner may find that  the
standards  in  [said] section 38a-226c, AS AMENDED
BY THIS ACT, have been  met  if  each  utilization
review    company   has   received   approval   or
accreditation    by    a    utilization     review
accreditation     organization,    or    otherwise
demonstrates to the commissioner that  it  adheres
to  standards  which  are substantially similar to
the  standards  in  SAID  section  38a-226c,  [and
provide  the  same  or  greater  protection to the
rights  of  enrollees  whose  care  is   reviewed]
PROVIDED SUCH APPROVAL, ACCREDITATION OR STANDARDS
DOES NOT PROVIDE LESS PROTECTION TO ENROLLEES THAN
IS PROVIDED UNDER SAID SECTION 38a-226c.
    Sec.  20.  (NEW)  (a)  On  or after January 1,
1998, any enrollee,  or  any  provider  acting  on
behalf of an enrollee with the enrollee's consent,
who has exhausted the internal mechanisms provided
by  a  managed  care  organization  or utilization
review company to appeal a  determination  not  to
certify   an   admission,  service,  procedure  or
extension of stay, may appeal  such  determination
to the commissioner.
    (b)   (1)  To  appeal  a  decision  under  the
provisions of this section,  an  enrollee  or  any
provider  acting  on  behalf of an enrollee shall,
within thirty days from receiving a final  written
determination  from  the  enrollee's  managed care
organization or utilization review company, file a
written  request with the commissioner. The appeal
shall be on forms prescribed by said  commissioner
and  shall  include the filing fee provided for in
subdivision (2) of  this  section  and  a  general
release  executed  by the enrollee for all medical
records pertinent to the appeal.
    (2)   The  filing  fee  shall  be  twenty-five
dollars.  If  the  commissioner  finds   that   an
enrollee is indigent or unable to pay the fee, the
commissioner shall waive the fee.
    (3) Upon receipt  of  the appeal together with
the  executed release  and  appropriate  fee,  the
commissioner shall assign the appeal for review to
an entity as  defined  in  subsection  (c) of this
section.
    (4)  Upon  receipt  of  the request for appeal
from the commissioner, the entity  conducting  the
appeal  shall  conduct a preliminary review of the
appeal and accept it if  such  entity  determines:
(A)  The  individual  was or is an enrollee of the
managed care  organization;  (B)  the  benefit  or
service  that  is  the subject of the complaint or
appeal reasonably appears to be a covered service,
benefit or service under the agreement provided by
contract to the enrollee;  (C)  the  enrollee  has
exhausted all internal appeal mechanisms provided;
(D) the  enrollee  has  provided  all  information
required by the commissioner to make a preliminary
determination including the appeal form, a copy of
the  final decision of denial and a fully-executed
release to obtain any  necessary  medical  records
from  the  managed care organization and any other
relevant provider.
    (5)   Upon   completion   of  the  preliminary
review, the entity conducting  such  review  shall
immediately  notify  the  member  or  provider, as
applicable, in writing as to  whether  the  appeal
has  been  accepted for full review and, if not so
accepted, the reasons therefor.
    (6)  If  accepted  for full review, the entity
shall conduct such review in accordance  with  the
regulations  adopted  by  the  commissioner, after
consultation  with  the  Commissioner  of   Public
Health,  in  accordance  with  the  provisions  of
chapter 54 of the general statutes.
     (c)  To provide for such appeal the Insurance
Commissioner,   after   consultation   with    the
Commissioner   of   Public  Health,  shall  engage
impartial health entities to provide  for  medical
review  under the provisions of this section. Such
review entities shall  include  (1)  medical  peer
review  organizations, (2) independent utilization
review companies, provided any such  organizations
or companies are not related to or associated with
any managed care organization and  (3)  nationally
recognized health experts or institutions approved
by the commissioner.
    (d)   The   commissioner   shall   accept  the
decision of the reviewing entity and the  decision
of the commissioner shall be binding.
    Sec.   21.   (NEW)   (a)   Each  managed  care
organization shall conform to all applicable state
and federal antidiscrimination and confidentiality
statutes, shall ensure that the confidentiality of
specified enrollee patient information and records
in their custody  is  protected,  and  shall  have
written confidentiality policies and procedures.
    (b)  No  managed care organization shall sell,
for  any  commercial  purpose  the  names  of  its
enrollees    or    any   identifying   information
concerning enrollees.
    Sec.  22.  (NEW)  (a)  On or before October 1,
1997, the Insurance Commissioner shall  develop  a
standardized  process for use in seeking expedited
utilization review approval  pursuant  to  section
38a-226c  of  the  general statutes, as amended by
this act. In developing such standardized process,
the  commissioner  may  convene and consult with a
working group composed of a representative of: The
Connecticut   Medical   Society;  the  Connecticut
Hospital Association; Blue Cross  Blue  Shield  of
Connecticut;  and  the  Association of Connecticut
HMOs.
    (b)   The   process   developed   pursuant  to
subsection  (a)   of   this   section   shall   be
distributed  to  all  acute care hospitals in this
state and shall be revised as deemed necessary  by
the commissioner.
    Sec.   23.  Section  38a-993  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  In  any  case where a hearing pursuant to
section 38a-990  results  in  the  finding  of  an
intentional   violation  of  sections  38a-975  to
38a-998,  inclusive,  the  commissioner  may,   in
addition  to  the  issuance  of a cease and desist
order as  prescribed  in  section  38a-992,  order
payment  of  a  penalty  of  not  more  than [five
hundred] TWO THOUSAND dollars for  each  violation
but not to exceed [ten] TWENTY thousand dollars in
the aggregate for multiple violations.
    (b)  Any  person  who  violates  a  cease  and
desist order of  the  commissioner  under  section
38a-992  may,  after  notice  and hearing and upon
order of the commissioner, be subject  to  one  or
more  of  the  following, at the discretion of the
commissioner: (1) A penalty of not more  than  ten
thousand  dollars  for  each  violation;  or (2) a
penalty of not more than fifty thousand dollars if
the   commissioner   finds  that  violations  have
occurred with such  frequency  as  to  indicate  a
general  business  practice;  or (3) suspension or
revocation  of  an  insurance   institution's   or
agent's license.
    Sec.   24.  Section  19a-647  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  As  used  in  this section and subsection
(b) of section 20-138b:
    (1)  "Health  care services" means health care
related services or products rendered or sold by a
provider   within  the  scope  of  the  provider's
license  or  legal  authorization   and   includes
hospital,  medical,  surgical,  dental, vision and
pharmaceutical services or products.
    (2)  "Person"  means  an  individual,  agency,
political subdivision,  partnership,  corporation,
limited  liability  company,  association  or  any
other entity.
    (3)  "Preferred  provider  network"  means  an
arrangement in which agreements  relating  to  the
health  care services to be rendered by providers,
including the amounts to be paid to the  providers
for  such  services, are entered into between such
providers and a person who establishes,  operates,
maintains or underwrites the arrangement, in whole
or   in    part,    and    shall    include    any
provider-sponsored  preferred  provider network or
independent  practice  association   that   offers
network  services.  A  preferred  provider network
shall  not   include   a   workers'   compensation
preferred    provider   organization   established
pursuant to section 31-279-10 of  the  regulations
of  Connecticut  state  agencies or an arrangement
relating only to health care services  offered  by
providers    to    individuals    covered    under
self-insured  Employee   Welfare   Benefit   Plans
established   pursuant  to  the  federal  Employee
Retirement Income Security Act  of  1974  as  from
time to time amended.
    (4)  "Provider"  means an individual or entity
duly licensed or  legally  authorized  to  provide
health care services.
    (b)  All  preferred  provider  networks  shall
file with the Office of Health Care  Access  prior
to   the  start  of  enrolment  [.  Any  preferred
provider network existing as of October  1,  1993,
shall  file  within  sixty  days of said date. All
networks] AND shall annually update said filing by
July  first [commencing July 1, 1994] OF EACH YEAR
THEREAFTER. The filing required  by  such  network
shall include the following information: [, except
where such information is filed with the Insurance
Department:]  (1)  The  identity  of  any  company
controlling  the  operation   of   the   preferred
provider    network,   a   description   of   such
participation   and,   where    applicable,    the
following: (A) A certificate from the Secretary of
the State or the Insurance Commissioner  regarding
the  company's  or organization's good standing to
do business in the state  of  Connecticut;  (B)  a
copy  of  the  company's or organization's balance
sheet at the end of its  most  recently  concluded
fiscal  year,  along  with the name and address of
any public accounting firm or internal  accountant
which  prepared  or assisted in the preparation of
such balance sheet;  (C)  a  list  of  the  names,
official  positions  and occupations of members of
the company's or organization's board of directors
or other policy-making body and of those executive
officers who are responsible for the company's  or
organization's  activities  with  respect  to  the
medical care network; (D) a list of the  company's
or  organization's  principal  owners;  (E) in the
case of an out-of-state company or organization, a
certificate  that  such company or organization is
in good standing in its state of organization; (F)
the  identity, address and current relationship of
any   related   or    predecessor    company    or
organization;  "related"  for  this  purpose means
that  a  substantial  number  of  the   board   or
policy-making  body members, executive officers or
principal owners of both companies are  the  same;
and   (G)   in   the  case  of  a  Connecticut  or
out-of-state company or organization, a report  of
the  details  of any suspension, sanction or other
disciplinary action relating to  such  company  or
organization  in this state or in any other state;
(2)  a  general  description  of   the   preferred
provider   network,   including:   [its]  (A)  ITS
geographical  service  area,  the  names  of   the
hospitals  included in the network; and [the names
listed by specialty, of the providers included  in
the  network] (B) THE PRIMARY CARE PHYSICIANS, THE
SPECIALTY PHYSICIANS, ANY OTHER CONTRACTING HEALTH
CARE  PROVIDERS  AND  THE NUMBER AND PERCENTAGE OF
EACH GROUP'S CAPACITY TO ACCEPT NEW PATIENTS;  and
(3)  the  name  and  address of the person to whom
applications may be made for  participation.  WITH
THE  EXCEPTION OF THE PROVIDER NETWORK INFORMATION
REQUIRED IN SUBDIVISION (2)  OF  THIS  SUBSECTION,
THE  INFORMATION  REQUIRED BY THIS SUBSECTION NEED
NOT BE FILED WITH THE OFFICE  IF  IT  HAS  ALREADY
BEEN FILED WITH THE INSURANCE COMMISSIONER.
    (c)  Any  person developing, or expanding into
a  new  county,  a  preferred   provider   network
pursuant  to  this  section  and subsection (b) of
section 20-138b [after October 1, 1993,  shall  be
required  to]  SHALL  provide a notice in at least
one major newspaper in the service area  in  which
it operates indicating plans to develop, or expand
into a new county, a preferred  provider  network.
Such  notice shall include the medical specialties
included in the network, the name and  address  of
the  person  to  whom applications may be made for
participation  and  a  time   frame   for   making
application.  The preferred provider network shall
provide the applicant with written acknowledgement
of  receipt  of  the  application.  Each  complete
application shall be considered by the network  in
a timely manner.
    (d)  The  expenses  incurred  by the Office of
Health Care Access pursuant to subsection  (b)  of
this  section  shall be paid by the office, within
existing budgetary resources.
    (e)  (1) Each preferred provider network shall
file with the Office of  Health  Care  Access  and
make  available  upon request from a provider, the
general criteria for its selection or  termination
of  health care providers. Disclosure shall not be
required of criteria deemed by the network  to  be
of  a proprietary or competitive nature that would
hurt the network's ability to compete or to manage
health  services.  For  purposes  of this section,
disclosure   of   criteria   is   proprietary   or
anticompetitive  if  it  has the tendency to cause
health care  providers  to  alter  their  practice
pattern  in a manner that would circumvent efforts
to contain health care costs and is proprietary if
revealing   criteria  would  cause  the  network's
competitors   to    obtain    valuable    business
information.
    (2)  If  a network uses criteria that have not
been filed pursuant to  subdivision  (1)  of  this
subsection    to    judge    the    quality    and
cost-effectiveness of  a  health  care  provider's
practice  under  any  specific  program within the
network, the network may not reject  or  terminate
the  provider  participating in that program based
upon such criteria until  the  provider  has  been
informed  of  the criteria that his practice fails
to meet.
    (f)  A  preferred provider network which has a
limited network and which  does  not  provide  any
reimbursement  when  an  enrollee  obtains service
outside that limited  network  shall  inform  each
applicant  of  that  fact  prior  to enrolling the
applicant for coverage.
    Sec.  25.  (NEW)  Each provider, as defined in
section 1 of this act, in  utilizing  laboratories
or  testing  facilities  for  enrollees in managed
care plans that provide coverage for  laboratories
and testing facilities, shall utilize laboratories
or testing facilities covered  by  the  enrollee's
managed  care  plan  or notify the enrollee if the
provider  intends  to  utilize  a  laboratory   or
testing facility not covered by the plan.
    Sec.  26.  (NEW) (a) Each provider, as defined
in section 1 of  this  act,  shall  code  for  the
presenting  symptoms  of  all emergency claims and
each hospital shall  record  such  code  for  such
claims  on  locater  76  on  the  UB92 form or its
successor.
    (b)  The  presenting symptoms, as coded by the
provider and recorded by the hospital on the  UB92
form  or  its  successor,  shall  be the basis for
reimbursement or coverage, provided such  symptoms
reasonably    indicated   an   emergency   medical
condition.
    (c)  For  the  purposes  of  this  section, in
accordance with the National Committee for Quality
Assurance,  an  emergency  medical  condition is a
condition such that a prudent  lay-person,  acting
reasonably,  would  have  believed  that emergency
medical treatment is needed.
    (d)    The   Insurance   Commissioner,   after
consultation  with  the  working  group   convened
pursuant  to  section  22 of this act, may develop
and disseminate  to  hospitals  in  this  state  a
claims  form  system  that  will  ensure  that all
hospitals consistently code for the presenting and
diagnosis symptoms on all emergency claims.
    Sec.  27.  (NEW)  No  group  health  insurance
policy delivered, issued  for  delivery,  renewed,
amended  or  continued  in  this state on or after
October 1, 1997, whether issued  by  an  insurance
company, a hospital service corporation, a medical
service corporation or a health  care  center,  as
defined   in   section   38a-175  of  the  general
statutes, shall be delivered, issued for delivery,
renewed  or  continued  in  this state and no such
policy shall be amended to substantially alter  or
change benefits or coverage unless persons covered
under such policy will be  eligible  for  expenses
arising  from biologically-based mental or nervous
conditions that are at  least  equal  to  coverage
provided  for  medical or surgical conditions. For
purposes  of  this  section,   "biologically-based
mental   illness"  means  any  mental  or  nervous
condition that is caused by a biological  disorder
of   the   brain   and  results  in  a  clinically
significant or psychological syndrome  or  pattern
that  substantially  limits the functioning of the
person with the illness, including  schizophrenia,
schizoaffective    disorder,    major   depressive
disorder, bipolar  disorder,  paranoia  and  other
psychotic      disorders,     obsessive-compulsive
disorder,    panic    disorder    and    pervasive
developmental disorder or autism.
    Sec.  28.  (NEW)  Nothing in sections 1 to 14,
inclusive,  20  and  21  of  this  act  shall   be
construed  to apply to a managed care organization
to the extent it is exempt from  state  law  under
the  federal  Employee  Retirement Income Security
Act.
    Sec.  29.  (NEW)  The  Insurance  Commissioner
shall adopt regulations  in  accordance  with  the
provisions  of  chapter 54 of the general statutes
to implement the provisions of this act.
    Sec. 30. (NEW) The provisions of sections 1 to
14, inclusive, 20, 21 and 27 of this act shall not
apply to any  plan that provides for the financing
or delivery of health care services solely for the
purposes   of   workers'   compensation   benefits
pursuant to chapter 568 of the general statutes.
    Sec.  31.  (NEW)  The  Commissioner  of Public
Health may request and  shall  receive  any  data,
report  or  information  filed  with the Insurance
Commissioner pursuant to the  provisions  of  this
act.
    Sec.  32.  This act shall take effect from its
passage, except that sections 1 to 21,  inclusive,
and 23 to 31, inclusive, shall take effect October
1, 1997.

Approved June 6, 1997