Whats It Mean When Workers Comp Claim Under Review
Utilization review is anindependent review of the medical treatment plan proposed by an injured worker's md. The purpose is to determine if the treatment is medically necessary and therefore covered by the employer's workers' bounty program.
An contained dr. conducts the review and generally must brand a decision withinv working days toapprove, modify, or deny the treatment.
Thesteps in utilization review are:
- The treating dr. sends a asking for potency of medical treatment to the insurance company
- The insurance company sends the asking to utilization review
- A utilization review doc approves, modifies, or denies the treatment request
- Utilization review sends the conclusion to the treating doctor
Utilization review hasfive working days to corroborate, modify, or deny the treatment. If a utilization review decision is not made inside five working days, information technology is invalid.
The injured worker must complete the approved treatment past a specified engagement listed on the blessing or modification conclusion.
If the handling is denied, an injured worker can file an appeal through a process called independent medical review (IMR).
In this article, our California personal injury lawyers will discuss:
- 1. What is Utilization Review?
- two. How does the procedure work?
- 2.i. Who can submit treatment requests?
- ii.two. What are the steps in utilization review?
- ii.3. What is in a asking for authorization?
- 2.4. Key factors related to utilization review
- 3. What can an injured worker exercise if a treatment program is denied?
- three.ane. Entreatment the determination
- iv. Other reasons an insurance visitor can deny medical treatment
- 5. What does utilization review mean for an injured worker'due south medical treatment?
1. What is Utilization Review?
Utilization review is the approval, modification, or denial of the medical treatment recommended by the injured worker's doctor.1
Medical treatment is one of the benefits an injured worker receives in the California workers' bounty system.2 Due to insurance companies' belief that injured workers receive unnecessary treatment, the utilization review system was set up to review medical treatment recommendations.
Filing a claim for workers' bounty benefits triggers many procedures, including the review of medical treatment.
Utilization review affects all injured workers, including firefighters, police force officers, and undocumented workers.
The process applies to all injuries, including specific injuries and cumulative traumas.
The process applies to out-of-state care.
Utilization review doesnon apply to a denied claim. Since the insurance company is disputing whether there is a work injury, there is no need for a treatment program to be reviewed. All handling is denied.
An injured worker can only claim mileage reimbursement for treatment canonical by utilization review.
Utilization review does not directly affect temporary inability benefits or permanent disability benefits.
2. How does the procedure piece of work?
Utilization review involves the injured worker's treating doctor, the insurance company, and the utilization review company.
The request for treatment past the treating doctor is reviewed by a utilization review dr.. The insurance company only has to provide treatment approved by the process.
2.1. Who tin submit handling requests?
Therequest for medical treatment must come from a treating doc. The treating doc is the doctor the injury worker selects to be the primary provider of treatment after a piece of work injury.3
The treating physician must be a:
- medical doc
- psychologist
- acupuncturist
- optometrist
- dentist
- podiatrist
- chiropractor
who islicensed to practice in California.4
The choice of treating physician depends on the type of injury.
2.2. What are the steps in utilization review?
Every bit utilization review is role of the medical handling process, it begins with an injured worker visiting his or her treating medico. If the medico believes that treatment is necessary, the review process will begin.
-
- The treating medico submits a request for potency (RFA) for medical treatment to the insurance visitor.5
- The insurance company sends the RFA to utilization review to exist evaluated by a doctor working for the utilization review company.vi
- The utilization review doctor evaluates the treatment request based on national standards of medical care.7
- Utilization review sends the decision to the insurance company, the injured worker, and the injured worker's doctor.viii
Example: Amy'due south doctor, Dr. Quinn, believes she needs eight chiropractic visits for her work injury. Dr. Quinn submits an RFA online to the insurance company. The insurance company forward this to a utilization review doctor.
The reviewing doc goes over the request and Amy's prior medical records and approves the chiropractic treatment.
Utilization review sends the decision to Dr. Quinn, who tells Amy to schedule her chiropractic treatment.
ii.3. What is in a request for authorization (RFA)?
A asking for authority contains all the information the treating medico believes is necessary to justify a treatment request.
A doctor that submits an RFA must include:
- a diagnosis
- treatment requested
- state guidelines for treatment
- documentation why treatment is necessary9
2.iv. Cardinal factors related to utilization review
Many factors become into and complicate the utilization review process and determination.
What is necessary medical treatment?
The utilization review md must base his or her decision on:
- guidelines adopted by the administrative managing director under Labor Code Section 5307.27ten
- peer-reviewed scientific and medical show regarding the effectiveness of the disputed service
- nationally-recognized professional person standards
- skilful opinion
- generally accepted standards of medical practice
- treatments that are likely to provide a do good to a patient for conditions for which other treatments are non clinically efficacious11
Time to complete utilization review
The insurance company has5 working days to consummate the utilization review procedure.12 The determination is invalid if information technology is non completed inside v days.13 At that bespeak, only a guess can review the treatment request.14
Instance: Kim's medico submits a asking for a lumbar spine MRI on Thursday, June sixth. The insurance company sends a denial on Friday, June 14th. The denial is late by one working solar day. The UR decision cannot be used to deny Kim's treatment.
The insurance company can authorize the treatment or continue to dispute information technology past asking a judge to make the decision.
Time to complete treatment
Utilization review decisions volition give a time frame for the authorized treatment. If the handling is not completed inside the time frame, the treating doctor must submit a new RFA.
Example: In the UR dominance, Erin was given 60 days to complete her concrete therapy. Erin but completed iv of eight visits inside that time. Her medico must submit a new RFA for four visits.
Modifications of treatment
A utilization review medico can authorize less handling than the request made past the treating physician.
Example: Angela's doc asked for two months of pain medication, an MRI, and ten concrete therapy visits for Angela's neck injury. The UR doctor only canonical 1 month of hurting medication and six concrete therapy visits.
Additional information required
If the utilization review doctor cannot make up one's mind based on the RFA, he or she tin can ask the treating doctor to provide more than data. If this occurs, the insurance company has fourteen working days to make the decision.xv
Case: April'southward physician requests surgery for April'south injured shoulder. The utilization review doctor cannot decide without an MRI of April's shoulder. The treating md forrard the MRI.
Instead of 5 days, UR has 14 days to determine on April'due south shoulder surgery.
Insurance company approval of treatment
The insurance company does not have to send a treatment request to utilization review if it agrees to provide the treatment. Simply an insurance company cannot deny treatment requests on its own.
Example: Ken's doctor sends the insurance company an RFA for six physical therapy session for Ken's knee injury. Instead of sending the request to UR, the insurance company approves the handling.
By approving the treatment, Ken tin get quicker treatment, and the insurance company cuts downwardly on paperwork and does not have to pay the UR medico to review the request.
Automatic approval of some treatment
Some types of treatment requested inside the start 30 days of the injury must be authorized.xvi
However, this only applies in very limited circumstances.
three. What tin can an injured worker practise if a handling plan is denied?
If there is a utilization review deprival of handling, an injured worker tin appeal the denial of workers comp benefits.
Absent a change in circumstances, a utilization review denial is valid for twelve months.17 If the same treatment request is submitted again, it must either contain new information or exist twelve months after the first request.
3.1. Appeal the decision
An appeal of a utilization review determination is chosen an contained medical review (IMR).18
IMR does not employ to utilization review decisions that are tardily.xix Utilization review decisions that are belatedly are invalid and cannot be used to deny treatment.
Every utilization review decision that denies or modifies treatment includes an application for contained medical review.
The injured worker must submit the IMR asking within 30 days of the utilization review conclusion.20
The doctor who reviews the IMR asking has 30 days to brand a decision.21
There is a database of IMR decisions on the Department of Industrial Relations website.
4. Other reasons an insurance company can deny medical treatment
Medical treatment can also exist denied based on:
- A denied injury
- A denied part of the torso
- The injured worker has reached the 24-visit limit for chiropractic, occupational therapy, or physical therapy22
v. What does utilization review mean for an injured worker'due south medical handling?
The utilization review process will irksome down an injured worker'due south access to medical treatment.
However, insurance companies favor utilization review considering it lowers the costs of medical treatment.
An injured worker must know his or her rights at each step in the utilization review procedure to obtain the right medical treatment.
For additional help…
For assistance with filing a workers' bounty claim in California or completing workers' comp forms, contact us. Our business firm helps police force officers, firefighters and other workers to get bounty for their job-related injuries.
Legal References:
Source: https://www.shouselaw.com/ca/workerscomp/utilization-review/
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