§ 23-17.12-8 - Waiver of requirements.
SECTION 23-17.12-8
§ 23-17.12-8 Waiver of requirements.– (a) Except for utilization review agencies performing utilization reviewactivities to determine the necessity and/or appropriateness of substance abuseand mental health care, treatment or services, the department shall waive allthe requirements of this chapter, with the exception of those contained in§§ 23-17.12-9, (a)(1)-(3), (5), (6), (8), (b)(1)-(6), and (c)(2)-(6),23-17.12-12, and 23-17.12-14, for a review agent that has received, maintainsand provides evidence to the department of accreditation from the utilizationreview accreditation commission (URAC) or other organization approved by thedirector. The waiver shall be applicable only to those services that areincluded under the accreditation by the utilization review accreditationcommission or other approved organization.
(b) The department shall waive the requirements of thischapter only when a direct conflict exists with those activities of a reviewagent that are conducted pursuant to contracts with the state or the federalgovernment or those activities under other state or federal jurisdictions.
(c) The limitation in subsection 23-17.12-8(b)notwithstanding, the department may waive or exempt all or part of therequirements of this chapter by mutual written agreement with a statedepartment or agency when such waiver or exemption is determined to benecessary and appropriate to the administration of a health care relatedprogram. The department shall promulgate such regulations as deemed appropriateto implement this provision.