Chapter
596
2006 -- H 8175 SUBSTITUTE A
Enacted 07/14/06
A N A C T
RELATING TO INSURANCE
Introduced By: Representative Peter F. Kilmartin
Date Introduced: June 01,
2006
It
is enacted by the General Assembly as follows:
SECTION
1. Section 23-17-51 of the General Laws in Chapter 23-17 entitled
"Licensing
of
Health Care Facilities" is hereby amended to read as follows:
23-17-51.
Magnetic resonance imaging -- Quality assurance standards. -- (a)
Except
as otherwise
provided in subsection (b) of this section, a magnetic resonance imaging
examination
eligible for reimbursement under the provisions of any individual or group
health
insurance
contract, plan or policy delivered in this state shall be reimbursed only if
the facility at
which
the examination has been conducted and processed is accredited by either the
American
College
of Radiology (ACR) or an alternate nationally recognized accrediting
organization whose
accreditation
standards are substantially similar to and no less stringent than current or
subsequent
ACR standards and have been reviewed and deemed adequate by the department of
health.
All accreditation standards under this section, whether promulgated by the ACR
or an
alternate
nationally recognized accrediting organization, shall include, but shall not be
limited to,
provisions
for establishing the qualifications of the physician, standards for quality
control and
routine
performance monitoring by a medical physicist, qualifications of the
technologist
including
minimum standards of supervised clinical experience, personnel and patient
safety
guidelines,
and standards for initial and ongoing quality control using clinical image
review and
quantitative
testing.
(b) Any facility conducting and processing magnetic resonance imaging
examinations
which,
as of the effective date of this section June 30, 2006, is
receiving reimbursement for such
services
by a health insurer, health maintenance organization or health plan, but is not
accredited
pursuant
to subsection (a), shall file its application for accreditation within six
(6) eighteen (18)
months
of the effective date of this section. Such accreditation shall be obtained within
eighteen
(18) months of the effective date of this section not
later than June 30, 2008. A facility which
begins
conducting and processing of magnetic resonance imaging examinations after the
effective
date
of this section June 30, 2006 shall
file its application for accreditation within six (6) twelve
(12) months of the date of initiation of the magnetic
resonance imaging examinations. Such
accreditation
shall be obtained within eighteen (18) months of the date of the initiation
of the
magnetic
resonance imaging examinations not
later than June 30, 2008. After such accreditation
is
obtained, a facility conducting and processing magnetic resonance imaging
examinations shall,
at all
times, maintain accreditation with the appropriate accrediting body.
Notwithstanding
anything
herein to the contrary, any facility which has filed for accreditation pursuant
to this
subsection
(b) and which has not been refused accreditation or withdrawn its application,
will be
deemed
provisionally accredited for the eighteen (18) twelve (12) month
period dating from the
application
filing date. Provided, further, that notwithstanding any provision of the
general laws
or
public laws to the contrary, any facility conducting and processing magnetic
resonance
imaging
examinations shall conform to the standards of the appropriate accrediting body
at all
times,
including during the accreditation process and shall certify said conformance
to any
reimbursing
health insurer, health maintenance organization or health plan.
SECTION
2. Section 27-18-53 of the General Laws in Chapter 27-18 entitled
"Accident
and
Sickness Insurance Policies" is hereby amended to read as follows:
27-18-53.
Magnetic resonance imaging -- Quality assurance standards. -- (a)
Except
as
otherwise provided in subsection (b) of this section, a magnetic resonance
imaging
examination
eligible for reimbursement under the provisions of any individual or group
health
insurance
contract, plan or policy delivered in this state shall be reimbursed only if
the facility at
which
the examination has been conducted and processed is accredited by either the
American
College
of Radiology (ACR) or an alternate nationally recognized accrediting
organization whose
accreditation
standards are substantially similar and no less stringent than current or
subsequent
ACR
standards and have been reviewed and deemed adequate by the department of
health. All
accreditation
standards under this section, whether promulgated by the ACR or an alternate
nationally
recognized accrediting organization, shall include, but shall not be limited
to,
provisions
for establishing the qualifications of the physician, standards for quality
control and
routine
performance monitoring by a medical physicist, qualifications of the
technologist
including
minimum standards of supervised clinical experience, personnel and patient
safety
guidelines,
and standards for initial and ongoing quality control using clinical image
review and
quantitative
testing.
(b) Any facility conducting and processing magnetic resonance imaging
examinations
which,
as of the effective date of this section June 30, 2006 is
receiving reimbursement for such
services
by a health insurer, health maintenance organization or health plan, but is not
accredited
pursuant
to subsection (a), shall file its application for accreditation within six
(6) eighteen (18)
months
of the effective date of this section. Such accreditation shall be obtained within
eighteen
(18
months of the effective date of this section not later than June 30, 2008. A facility which
begins
conducting and processing, magnetic resonance imaging examinations after the
effective
date
of this section June 30, 2006
shall file its application for accreditation within six (6) twelve
(12) months of the date of initiation of the magnetic
resonance imaging examinations. Such
accreditation
shall be obtained within eighteen (18) months of the date of the initiation
of the
magnetic
resonance imaging examinations not
later than June 30, 2008. After such accreditation
shall be
obtained, a facility conducting and processing, magnetic resonance
imaging examinations
shall,
at all times, maintain accreditation with the appropriate accrediting body.
Notwithstanding
anything
herein to the contrary, any facility which has filed for accreditation pursuant
to this
subsection
(b) and has not been refused accreditation or withdrawn its application, will
be
deemed
provisionally accredited for the eighteen (18) twelve (12) month
period dating from the
application
filing date. Provided, further, that notwithstanding any provision of the
general or
public
laws to the contrary, any facility conducting and processing magnetic resonance
imaging
examinations
shall conform to the standards of the appropriate accrediting body at all
times,
including
during said accreditation process and shall certify said conformance to any
reimbursing
health
insurer, health maintenance organization, or health plan.
SECTION
3. Section 27-19-46 of the General Laws in Chapter 27-19 entitled
"Nonprofit
Hospital
Service Corporations" is hereby amended to read as follows:
27-19-46.
Magnetic resonance imaging -- Quality assurance standards. -- (a)
Except
as
otherwise provided in subsection (b) of this section, a magnetic resonance
imaging
examination
eligible for reimbursement under the provisions of any individual or group
health
insurance
contract, plan or policy delivered in this state shall be reimbursed only if
the facility at
which the
examination has been conducted and processed is accredited by either the
American
College
of Radiology (ACR) or an alternate nationally recognized accrediting
organization whose
accreditation
standards are substantially similar to and no less stringent than current or
subsequent
ACR standards and have been reviewed and deemed adequate by the department of
health.
All accreditation standards under this section, whether promulgated by the ACR
or an
alternate
nationally recognized accrediting organization, shall include, but shall not be
limited to,
provisions
for establishing the qualifications of the physician, standards for quality
control and
routine
performance monitoring by a medical physicist, qualifications of the
technologist
including
minimum standards of supervised clinical experience, personnel and patient
safety
guidelines,
and standards for initial and ongoing quality control using clinical image
review and
quantitative
testing.
(b) Any facility conducting and processing magnetic resonance imaging
examinations
which,
as of the effective date of this section June 30, 2006 is
receiving reimbursement for such
services
by a health insurer, health maintenance organization or health plan, but is not
accredited
pursuant
to subsection (a), shall file its application for accreditation within six
(6) eighteen (18)
months
of the effective date of this section. Such accreditation shall be obtained within
eighteen
(18)
months of the effective date of this section not later than June 30, 2008. A facility which
begins
conducting and processing, of magnetic resonance imaging examinations after the
effective
date of this section June 30, 2006
shall file its application for accreditation within six (6)
twelve
(12) months of the date of initiation
of the magnetic resonance imaging examinations.
Such
accreditation shall be obtained within eighteen (18) months of the date of
the initiation of
the
magnetic resonance imaging examinations
not later than June 30, 2008. After such
accreditation
is obtained, a facility conducting and processing, of magnetic resonance
imaging
examinations
shall, at all times, maintain accreditation with the appropriate accrediting
body.
Notwithstanding
anything herein to the contrary, any facility which has filed for accreditation
pursuant
to this subsection (b) and which has not been refused accreditation or
withdrawn its
application,
will be deemed provisionally accredited for the eighteen (18) twelve
(12) month
period
dating from the application filing date. Provided, further, that
notwithstanding any
provisions
of the general or public laws to the contrary, any facility conducting and
processing
magnetic
resonance imaging examinations shall conform to the standards of the
appropriate
accrediting
body at all times, including during the accreditation process and shall certify
said
conformance
to any reimbursing health insurer, health maintenance organization or health
plan.
SECTION
4. Section 27-20-41 of the General Laws in Chapter 27-20 entitled
"Nonprofit
Medical
Service Corporations" is hereby amended to read as follows:
27-20-41.
Magnetic resonance imaging -- Quality assurance standards. -- (a)
Except
as
otherwise provided in subsection (b) of this section, a magnetic resonance imaging
examination
eligible for reimbursement under the provisions of any individual or group
health
insurance
contract, plan or policy delivered in this state shall be reimbursed only if
the facility at
which
the examination has been conducted and processed is accredited by either the
American
College
of Radiology (ACR) or an alternate nationally recognized accrediting
organization whose
accreditation
standards are substantially similar to and no less stringent than current or
subsequent
ACR standards and have been reviewed and deemed adequate by the department of
health.
All accreditation standards under this section, whether promulgated by the ACR
or an
alternate
nationally recognized accrediting organization, shall include, but shall not be
limited to,
provisions
for establishing the qualifications of the physician, standards for quality
control and
routine
performance monitoring by a medical physicist, qualifications of the
technologist
including
minimum standards of supervised clinical experience, personnel and patient
safety
guidelines,
and standards for initial and ongoing quality control using clinical image
review and
quantitative
testing.
(b)
Any facility conducting and processing magnetic resonance imaging examinations
which,
as of the effective date of this section June 30, 2006 is
receiving reimbursement for such
services
by a health insurer, health maintenance organization or health plan, but is not
accredited
pursuant
to subsection (a), shall file its application for accreditation within six (6)
eighteen (18)
months
of the effective date of this section. Such accreditation shall be obtained within
eighteen
(18)
months of the effective date of this section not later than June 30, 2008. A facility which
begins conducting
and processing, of magnetic resonance imaging examinations after the
effective
date of this section June 30, 2006
shall file its application for accreditation within six (6)
twelve
(12) months of the date of initiation
of the magnetic resonance imaging examinations.
Such
accreditation shall be obtained within eighteen (18) months of the date of
the initiation of
the
magnetic resonance imaging examinations
not later than June 30, 2008. After such
accreditation
is obtained, a facility conducting and processing, of magnetic resonance
imaging
examinations
shall, at all times, maintain accreditation with the appropriate accrediting
body.
Notwithstanding
anything herein to the contrary, any facility which has filed for accreditation
pursuant
to this subsection (b) and which has not been refused accreditation or
withdrawn its
application,
will be deemed provisionally accredited for the eighteen (18) twelve
(12) month
period
dating from the application filing date. Provided, further, that
notwithstanding any
provisions
of the general or public laws to the contrary, any facility conducting and
processing
magnetic
resonance imaging examinations shall conform to the standards of the
appropriate
accrediting
body at all times, including during the accreditation process and shall certify
said
conformance
to any reimbursing health insurer, health maintenance organization or health
plan.
SECTION
5. Section 27-41-56 of the General Laws in Chapter 27-41 entitled "Health
Maintenance
Organizations" is hereby amended to read as follows:
27-41-56.
Magnetic resonance imaging -- Quality assurance standards. -- (a)
Except
as
otherwise provided in subsection (b) of this section, a magnetic resonance
imaging
examination
eligible for reimbursement under the provisions of any individual or group
health
insurance
contract, plan or policy delivered in this state shall be reimbursed only if
the facility at
which
the examination has been conducted and processed is accredited by either the
American
College
of Radiology (ACR) or an alternate nationally recognized accrediting
organization whose
accreditation
standards are substantially similar to and no less stringent than current or
subsequent
ACR standards and have been reviewed and deemed adequate by the department of
health.
All accreditation standards under this section, whether promulgated by the ACR
or an
alternate
nationally recognized accrediting organization, shall include, but shall not be
limited to,
provisions
for establishing the qualifications of the physician, standards for quality
control and
routine
performance monitoring by a medical physicist, qualifications of the
technologist
including
minimum standards of supervised clinical experience, personnel and patient
safety
guidelines,
and standards for initial and ongoing quality control using clinical image
review and
quantitative
testing.
(b)
Any facility conducting and processing magnetic resonance imaging examinations
which,
as of the effective date of this section June 30, 2006 is
receiving reimbursement for such
services
by a health insurer, health maintenance organization or health plan, but is not
accredited
pursuant
to subsection (a), shall file its application for accreditation within six (6)
eighteen (18)
months
of the effective date of this section. Such accreditation shall be obtained within
eighteen
(18)
months of the effective date of this section not later than June 30, 2008. A facility which
begins
conducting and processing, of magnetic resonance imaging examinations after the
effective
date of this section June 30, 2006
shall file its application for accreditation within six (6)
twelve
(12) months of the date of initiation
of the magnetic resonance imaging examinations.
Such accreditation
shall be obtained within eighteen (18) months of the date of the initiation
of
the
magnetic resonance imaging examinations
not later than June 30, 2008. After such
accreditation
is obtained, a facility conducting and processing, of magnetic resonance
imaging
examinations
shall, at all times, maintain accreditation with the appropriate accrediting
body.
Notwithstanding
anything herein to the contrary, any facility which has filed for accreditation
pursuant
to this subsection (b) and which has not been refused accreditation or
withdrawn its
application,
will be deemed provisionally accredited for the eighteen (18) twelve
(12) month
period
dating from the application filing date. Provided, further, that
notwithstanding any
provisions
of the general or public laws to the contrary, any facility conducting and
processing
magnetic
resonance imaging examinations shall conform to the standards of the
appropriate
accrediting
body at all times, including during the accreditation process and shall certify
said
conformance
to any reimbursing health insurer, health maintenance organization or health
plan.
SECTION
6. This act shall take effect upon passage.
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LC03271/SUB A/2
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