438.410—Expedited resolution of appeals.
(a) General rule.
Each MCO and PIHP must establish and maintain an expedited review process for appeals, when the MCO or PIHP determines (for a request from the enrollee) or the provider indicates (in making the request on the enrollee's behalf or supporting the enrollee's request) that taking the time for a standard resolution could seriously jeopardize the enrollee's life or health or ability to attain, maintain, or regain maximum function.
(b) Punitive action.
The MCO or PIHP must ensure that punitive action is neither taken against a provider who requests an expedited resolution or supports an enrollee's appeal.
(c) Action following denial of a request for expedited resolution.
If the MCO or PIHP denies a request for expedited resolution of an appeal, it must—
(1)
Transfer the appeal to the timeframe for standard resolution in accordance with § 438.408(b)(2) ;
(2)
Make reasonable efforts to give the enrollee prompt oral notice of the denial, and follow up within two calendar days with a written notice.