AND NOW, this 19th day of February, 2009, it is ordered that the majority opinion filed on November 19, 2008, shall be designated OPINION rather than MEMORANDUM OPINION, and shall be reported.
BEFORE: HONORABLE ROCHELLE S. FRIEDMAN, Judge.
The Department of Health (DOH) has filed an "Application to Strike the Petition for Review of UPMC Health Plan, Inc., as against the Department of Health, to Remove the Department from the Caption, and to Excuse the Department from Certifying a Record" (Application). We grant the DOH's Application.
UPMC Health Plan, Inc. (UPMC) has petitioned for review of the July 22, 2008, determination of Permedion (Petition), a certified utilization review entity (CRE). The Petition alleges that Nichole Fiedor (Enrollee) requested that UPMC provide a SleepSafe 2 Hi/Lo bed for her son, Seth Fiedor, a minor. UPMC denied the request after determining that the bed was not medically necessary and that Seth's needs could be met by a reasonable alternative, such as the Pedi-Crib bed.
Enrollee filed first and second level internal grievances with UPMC, which were denied. Enrollee then requested an external review, which UPMC forwarded to the DOH. The DOH assigned the case to Permedion, which, on July 22, 2008, overturned UPMC's denial. Permedion determined that a SleepSafe 2 Hi/Lo bed is medically necessary and that a Pedi-Crib bed would not be effective because it does not allow a range of heights to assist in transfers.*fn1
In its Application, the DOH asserts that Permedion's determination was not made on behalf of the DOH. The DOH contends that its only role in the external grievance process was to certify Permedion as a review entity and to make the assignment to Permedion. The DOH points out that the decision of a review entity is appealed to a court of competent jurisdiction, not to the DOH. Thus, the DOH requests that this court strike UPMC's Petition as against the DOH, that this court remove the DOH from the caption and that this court excuse the DOH from certifying a record in this matter.*fn2
We begin our analysis with an examination of the external grievance process. When an external grievance is filed, all documents from the internal grievance are forwarded to the CRE; the enrollee or health care provider may submit additional information. Section 2162(c)(2) of The Insurance Department Act of 1921 (Act).*fn3
Within sixty (60) days of the filing of the external grievance, the utilization review entity conducting the external grievance shall issue a written decision to the managed care plan, the enrollee and the health care provider, including the basis and clinical rationale for the decision. The standard of review shall be whether the health care service denied by the internal grievance process was medically necessary and appropriate under the terms of the plan. The external grievance decision shall be subject to appeal to a court of competent jurisdiction within sixty (60) days of receipt of notice of the external grievance decision. There shall be a rebuttable presumption in favor of the decision of the utilization review entity conducting the external grievance.*fn4
Section 2162(c)(5) of the Act, 40 P.S. §991.2162(c)(5) (emphasis added).
"The managed care plan shall authorize any health care service or pay any claim determined to be medically necessary and appropriate [by a CRE] whether or not an appeal to a court of competent jurisdiction has been filed."
Section 2162(c)(6) of the Act, 40 P.S. §991.2162(c)(6). The DOH "shall investigate potential violations of the [statute] based upon information received from enrollees, health care providers and other sources in order to ensure compliance with [the ...