760 Ind. Admin. Code 1-59-3

Current through December 12, 2024

Section 760 IAC 1-59-3 - Definitions

Authority: IC 27-8-28-20; IC 27-13-10-13; IC 27-13-35-1

Affected: IC 27-8-28-3; IC 27-13-1-12; IC 27-13-1-32; IC 27-13-10-7

Sec. 3.

The definitions in IC 27-8-28 and IC 27-13 shall apply for purposes of this rule, in addition to the following:

(1) "Enrollee", as defined in IC 27-13-1-12, includes "subscriber" as defined in IC 27-13-1-32 and "covered individual" as defined in IC 27-8-28-3.

(2) "Grievance" means the following:

(A) For a health maintenance organization and a limited service health maintenance organization, any dissatisfaction expressed by or on behalf of an enrollee of a health maintenance organization or a limited service health maintenance organization regarding the:

(i) availability, delivery, appropriateness, or quality of health care services;

(ii) handling or payment of claims for health care services; or

(iii) matters pertaining to the contractual relationship between:

(AA) an enrollee and a health maintenance organization or a limited service health maintenance organization; or

(BB) a group or individual contract holder and a health maintenance organization or a limited service health maintenance organization; and for which the enrollee has a reasonable expectation that action will be taken to resolve or reconsider the matter that is the subject of dissatisfaction.

(B) For an insurer, any dissatisfaction expressed by or on behalf of a covered individual regarding:

(i) a determination that a service or a proposed service is not appropriate or medically necessary;

(ii) a determination that a service or a proposed service is experimental or investigational;

(iii) the availability of participating providers;

(iv) the handling or payment of claims for health care services; or

(v) matters pertaining to the contractual relationship between a:

(AA) covered individual and an insurer; or

(BB) group policyholder and an insurer; and for which the covered individual has a reasonable expectation that action will be taken to resolve or reconsider the matter that is the subject of the dissatisfaction.

(3) "Grievance procedures" means written procedures established and maintained by a health maintenance organization, a limited service health maintenance organization, or an insurer for filing, investigating, and resolving grievances and appeals.

(4) "Major population group" means a racial or ethnic group for whom English is not the primary language and whose members comprise at least ten percent (10%) of the health maintenance organization's enrollees.

760 IAC 1-59-3

Department of Insurance; 760 IAC 1-59-3; filed Sep 30, 1998, 2:17 p.m.: 22 IR 447, eff Jan 1, 1999; filed Feb 17, 2003, 9:57 a.m.: 26 IR 2327; readopted filed Nov 24, 2009, 9:35 a.m.: 20091223-IR-760090791RFA

Readopted filed 11/20/2015, 9:25 a.m.: 20151216-IR-760150341RFA

Readopted filed 11/15/2021, 8:32 a.m.: 20211215-IR-760210419RFA