AZ LEG Healthcare Appeals Process


On Apr. 17, AZ LEG passed bill amending health care appeals process.


  • AZ leg passed HB 2599 relating to health care appeals for insured individuals.
  • Modifies procedures, insurer/utilization review agent obligations on healthcare appeals.
  • Amend AZ INS 20-1-2501 et seq, AZ INS 20-2-2530 et seq, updating appeals process.
  • Provisions for General Appeal
  • Prohibits setting minimum dollar amount for claim subject to adverse determination to be eligible to pursue the applicable review process of an appeal of the adverse action.
  • Clarifies that a member who received an adverse determination, rather than an individual who is denied a claim or a claimed service, may pursue applicable review.
  • Allows insurer, in group plans and grandfathered individual plans, to offer voluntary internal appeal as additional level of review after determination of initial appeal.
  • Requires insurer to issue written determination with explanation of the decision.
  • States that insurer's failure to comply constitutes exhaustion of internal levels of review and permits insurer to waive interview appeal process in its entirety.
  • Clarifies information that must be included in packet sent to member for appeal.
  • Provides that if issue is appropriateness of care, insurer must perform initial appeal to be decided by a physician; any additional information to be free of cost to member.
  • Expedited Medical Review
  • Clarifies that adverse determination recipient may pursue expedited medical review if treating provider states delay likely to cause significant negative change in condition.
  • Increases time to send determination notice to 72 hours but requires that it include basis of decision, criteria used, clinical reasons, and the rationale for determination.
  • Provides that if issue is appropriateness of care, insurer must perform initial appeal to be decided by a physician; any additional information to be free of cost to member.
  • Adds definition of providers for purposes of appeal of adverse determination.
  • Miscellaneous Provisions
  • Sets forth procedures for initial appeal, voluntary internal appeal, and external independent review; sets recordkeeping requirements for at least 3 years.
  • Includes a definition for the terms final internal adverse determination, grandfathered individual plan, health care setting, and internal level of review and rescission.
  • Legislative History
  • On Jan. 22, 2024, bill introduced in House; on Feb. 29, 2024, bill passed House.
  • On Mar 7, 2024, bill introduced in Senate; on Apr. 10, 2024, bill passed Senate.
  • Effectiveness
  • Upon governor approval or veto override, HB 2599 will be effective Dec. 1, 2024.
  • Apr 2024 AZ LEG Governor's Approval
  • On Apr. 23, 2024, AZ LEG reported Governor approved bill HB 2599, enrolled Ch. 178.

Regulators AZ LEG
Entity Types CNSM; Ins
Reference Ch 178, 4/23/2024; Bill, HB2599, 4/17/2024; Citation: *AZ INS* 20-1-2501, 20-2-2530;
Functions Actuarial and Valuation; Claims/Accelerated Benefits; Complaints; Compliance; Financial; Legal
Countries United States of America
Category
State
Products Insurance; Insurance-Health
Regions Am
Rule Type Final
Rule Date 4/17/2024
Effective Date 12/31/2024
Rule Id 208997
Linked to N/A
Reg. Last Update 4/23/2024
Report Section US Insurance

Last substantive update on 04/25/2024