OAR 410-141-3895: Grievances & Appeals: Expedited Appeal

(1) Each MCE shall establish and maintain an expedited review process for all oral and written appeals when the member or the provider indicates that taking the time for a standard resolution could seriously jeopardize the member’s life, health, or ability to attain, maintain, or regain maximum function as set forth in OAR 410-120-1860. Oral appeals timeframes shall begin when there is established contact made between the member and an MCE representative. (2) The MCE shall ensure that punitive action is not taken against a provider who requests an expedited resolution. (3) A request for an expedited appeal for a service that has already been provided (post-service) to the member will not be granted. The MCE shall transfer the appeal to the timeframe for standard resolution as set forth in 410-141-3890 (4). (4) For expedited resolution of an appeal and notice to affected parties, the MCE shall complete the review of the expedited appeal in a timeframe that is no longer than 72 hours after the MCE receives the appeal. The MCE shall: (a) Inform the member of the limited time available for receipt of materials or documentation for the review; (b) Make reasonable efforts to call the member and the provider to tell them of the resolution within 72 hours after receiving the request; (c) Mail written confirmation of the resolution to the member within three days; (d) Extend the timeframes by up to 14 days if: (A) The member requests the extension; or (B) The MCE shows (to the satisfaction of the Authority upon its request) that there is need for additional information and how the delay is in the member's interest. (e) If the MCE extends the timeframes not at the request of the member, the MCE shall: (A) Make reasonable efforts (including as necessary multiple calls at different times of day) to give the member prompt oral notice of the delay; (B) Within two days, give the member written notice of the reason for the decision to extend the timeframe and inform the member of the right to file a grievance if he or she disagrees with that decision. (5) If the MCE provides an expedited appeal but denies the services or items requested in the expedited appeal, the MCE shall inform the member of the right to request an expedited contested case hearing and shall send the member a Notice of Appeal Resolution, in addition to Hearing Request and Information forms as set forth in OAR 410-141-3890. (6) If the MCE denies a request for expedited resolution on appeal, the MCE shall: (a) Transfer the appeal to the timeframe for standard resolution in accordance with OAR 410-120-1860; (b) Make reasonable efforts to give the member and requesting provider prompt oral notice of the denial and follow up within two days with a written notice.