(a) A health carrier with enrollees in this State shall establish and maintain a procedure to provide for the resolution of an enrollee‘s complaints and internal appeals. The procedure shall provide for expedited internal appeals under section appeal, when authorized; standard for decision” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>432E-6.5. The definition of medical necessity in section 432E-1.4 shall apply in a health carrier’s complaints and internal appeals procedures.

Terms Used In Hawaii Revised Statutes 432E-5

  • Appeal: means a request from an enrollee to change a previous decision made by the health carrier. See Hawaii Revised Statutes 432E-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.
  • Appointed representative: means a person who is expressly permitted by the enrollee or who has the power under Hawaii law to make health care decisions on behalf of the enrollee, including:

    (1) A person to whom an enrollee has given express written consent to represent the enrollee in an external review;

    (2) A person authorized by law to provide substituted consent for an enrollee;

    (3) A family member of the enrollee or the enrollee's treating health care professional, only when the enrollee is unable to provide consent;

    (4) A court-appointed legal guardian;

    (5) A person who has a durable power of attorney for health care; or

    (6) A person who is designated in a written advance directive;

    provided that an appointed representative shall include an "authorized representative" as used in the federal Patient Protection and Affordable Care Act. See Hawaii Revised Statutes 432E-1

  • Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 432E-1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Complaint: means an expression of dissatisfaction, either oral or written. See Hawaii Revised Statutes 432E-1
  • Enrollee: means a person who enters into a contractual relationship under or who is provided with health care services or benefits through a health benefit plan. See Hawaii Revised Statutes 432E-1
  • External review: means a review of an adverse determination (including a final adverse determination) conducted by an independent review organization pursuant to this chapter. See Hawaii Revised Statutes 432E-1
  • Health carrier: means an entity subject to the insurance laws and rules of this State, or subject to the jurisdiction of the commissioner, that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including a sickness and accident insurance company, a health maintenance organization, a mutual benefit society, a nonprofit hospital and health service corporation, or any other entity providing a plan of health insurance, health benefits or health care services. See Hawaii Revised Statutes 432E-1
  • Medical necessity: means a health intervention that meets the criteria enumerated in section 432E-1. See Hawaii Revised Statutes 432E-1
  • provider: means a health care professional. See Hawaii Revised Statutes 432E-1
(b) The health carrier shall at all times make available its complaints and internal appeals procedures. The complaints and internal appeals procedures shall be reasonably understandable to the average layperson and shall be provided in a language other than English upon request.
(c) A health carrier shall decide any expedited internal appeal as soon as possible after receipt of the complaint, taking into account the medical exigencies of the case, but not later than seventy-two hours after receipt of the request for expedited appeal.
(d) A health carrier shall send notice of its final internal determination within sixty days of the submission of the complaint to the enrollee, the enrollee’s appointed representative, if applicable, the enrollee’s treating provider, and the commissioner. The notice shall include the following information regarding the enrollee’s rights and procedures:

(1) The enrollee’s right to request an external review;
(2) The one hundred thirty day deadline for requesting an external review;
(3) Instructions on how to request an external review; and
(4) Where to submit the request for an external review.

In addition to these general requirements, the notice shall conform to the requirements of §§ 432E-35 and 432E-36.