2047
HR 3590 EAS/PP
``(b) E
XTERNAL
R
EVIEW
.--A group health plan and
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a health insurance issuer offering group or individual
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health insurance coverage--
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``(1) shall comply with the applicable State ex-
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ternal review process for such plans and issuers that,
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at a minimum, includes the consumer protections set
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forth in the Uniform External Review Model Act pro-
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mulgated by the National Association of Insurance
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Commissioners and is binding on such plans; or
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``(2) shall implement an effective external review
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process that meets minimum standards established by
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the Secretary through guidance and that is similar to
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the process described under paragraph (1)--
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``(A) if the applicable State has not estab-
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lished an external review process that meets the
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requirements of paragraph (1); or
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``(B) if the plan is a self-insured plan that
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is not subject to State insurance regulation (in-
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cluding a State law that establishes an external
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review process described in paragraph (1)).
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``(c) S
ECRETARY
A
UTHORITY
.--The Secretary may
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deem the external review process of a group health plan or
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health insurance issuer, in operation as of the date of enact-
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ment of this section, to be in compliance with the applicable
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