North Carolina General Statutes 108D-15.1. Expedited contested case hearings on disputed adverse benefit determinations
In accordance with 42 C.F.R. § 431.224, an enrollee, or an enrollee’s authorized representative, may request that an appeal under N.C. Gen. Stat. § 108D-15(d) be expedited if the time otherwise permitted for a hearing could jeopardize the enrollee’s life, health, or ability to attain, maintain, or regain maximum function. With regard to a request for an expedited appeal, all of the following apply:
(1) The enrollee shall submit any additional documentation from a licensed health care professional with relevant excerpts from the enrollee’s medical record that was not already provided with regard to the adverse benefit determination to demonstrate the need for an expedited appeal.
Terms Used In North Carolina General Statutes 108D-15.1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
(2) The Department shall determine if the enrollee’s request meets the criteria for an expedited appeal.
(3) If the Department determines that the enrollee’s request does not meet the criteria for an expedited appeal, then (i) the Department shall make reasonable efforts to give the enrollee, or the enrollee’s authorized representative, oral notice of the denial as expeditiously as possible and shall follow up with a written notice of denial and (ii) the enrollee’s appeal shall not be subject to the expedited time frame in subdivision (4) of this subsection. The denial is not appealable.
(4) If the Department determines that the enrollee’s request meets the criteria for an expedited appeal, then (i) the mediation procedure under N.C. Gen. Stat. § 108D-15(i) shall not apply to the appeal request and (ii) the decision required under N.C. Gen. Stat. § 108D-16 shall be made as expeditiously as possible. (2021-62, s. 2.2(i).)