Promulgation of rules

The director may, after consultation with the secretary, promulgate rules, pursuant to chapter 1-26 , to carry out the provisions of this chapter. The rules shall provide for a timely administration of utilization review by the public and assure that utilization review decisions are made in a fair and clinically acceptable manner. The rules may include the following: (1) Definition of terms; (2) Timing, form, and content of reports; (3) Application of clinical criteria as it relates to utilization review; (4) Written determinations; and (5) Utilization review procedures. The director may promulgate rules, pursuant to chapter 1-26 , pertaining to claims for group disability income plans. The rules shall be consistent with applicable federal requirements included in 29 CFR Part 2560 as amended to January 1, 2011. Source: SL 2011, ch 219 , § 74. Commission Note: SL 2012, ch 239, § 1 provides: "The provisions of chapter 219 of the 2011 Session Laws shall be deemed repealed if the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119 (2010), as amended by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029 (2010) is found to be unconstitutional in its entirety by a final decision of a federal court of competent jurisdiction and all appeals exhausted or time for appeals elapsed."