1. Report required. On or before April 1st of each year, any insurer or 3rd-party administrator which issues or administers a program or contract in this State providing coverage for hospital care that contains a provision whereby in nonemergency cases the insured is required to be prospectively evaluated through a prehospital admission certification, preinpatient service eligibility program or any similar preutilization review or screening eligibility program or any similar preutilization review or screening procedure prior to the delivery of contemplated hospitalization, inpatient or outpatient health care or medical services which are prescribed or ordered by a duly licensed physician shall file a report on the results of that evaluation for the preceding year with the superintendent which shall contain the following: A. The number and type of evaluations performed. For the purposes of this section, the term "type of evaluations" means the following preutilization review categories: presurgical inpatient days; setting of medical service, such as inpatient or outpatient services; and the number of days of service; [PL 1989, c. 556, Pt. C, §3 (NEW).] B. The result of the evaluation, such as whether the medical necessity of the level of service contemplated by the patient's physician was agreed to or whether benefits paid for the service were reduced by the insurer; [PL 1989, c. 556, Pt. C, §3 (NEW).] C. The number and result of any appeals by the patients or their physicians as a result of initial review decisions to reduce benefits for services as determined through prospective evaluations; and [PL 1989, c. 556, Pt. C, §3 (NEW).] D. Any complaints filed in a court of competent jurisdiction and served upon an insurer filing under this section stating a cause of action against that insurer on the basis of damages to patients alleged to have been approximately caused by a delay, reduction or denial of medical benefits by the insurer, as determined through prospective evaluations, and the determination of liability or other disposition of the complaint. [PL 1989, c. 556, Pt. C, §3 (NEW).] [PL 1989, c. 556, Pt. C, §3 (NEW).] 2. Residents. This section is applicable to evaluations, appeals and complaints relating to residents of this State only. [PL 1989, c. 556, Pt. C, §3 (NEW).] 3. Confidentiality. Any information provided pursuant to this section shall not identify the patients. [PL 1989, c. 556, Pt. C, §3 (NEW).]
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