(a) An insurer must develop and maintain an ongoing quality improvement (QI) program designed to objectively and systematically monitor and evaluate the quality and appropriateness of care and services provided within an exclusive provider benefit plan and to pursue opportunities for improvement. The QI program must be continuous and comprehensive, addressing both the quality of clinical care and the quality of services. The insurer must dedicate adequate resources, like personnel and information systems, to the QI program.
  (1) Written description. The QI program must include a written description of the QI program that outlines program organizational structure, functional responsibilities, and meeting frequency.
  (2) Work plan. The QI program must include an annual QI work plan designed to reflect the type of services and the population served by the exclusive provider benefit plan in terms of age groups, disease categories, and special risk status. The work plan must:
    (A) include objective and measurable goals, planned activities to accomplish the goals, time frames for implementation, responsible individuals, and evaluation methodology; and
    (B) address each program area, including:
      (i) network adequacy, which includes availability and accessibility of care, including assessment of open and closed physician and individual provider panels;
      (ii) continuity of medical and health care and related services;
      (iii) clinical studies;
      (iv) the adoption and periodic updating of clinical practice guidelines or clinical care standards that:
        (I) are approved by participating physicians and individual providers;
        (II) are communicated to physicians and individual providers; and
        (III) include preventive health services;
      (v) insured, physician, and individual provider satisfaction;
      (vi) the complaint process, complaint data, and identification and removal of barriers that may impede insureds, physicians, and providers from effectively making complaints against the insurer;
      (vii) preventive health care through health promotion and outreach activities;
      (viii) claims payment processes;
      (ix) contract monitoring, including oversight and compliance with filing requirements;
      (x) utilization review processes;
      (xi) credentialing;
      (xii) insured services; and
      (xiii) pharmacy services, including drug utilization.
  (3) Evaluation. The QI program must include an annual written report on the QI program, which includes completed activities, trending of clinical and service goals, analysis of program performance, and conclusions.
  (4) Credentialing. An insurer must implement a documented process for selection and retention of contracted preferred providers that complies with §3.3706(c) of this title (relating to Designation as a Preferred Provider, Decision to Withhold Designation, Termination of a Preferred Provider, Review of Process).
  (5) Peer review. The QI program must provide for a peer review procedure for physicians and individual providers, as required in the Medical Practice Act, Occupations Code Chapters 151 - 164. The insurer must designate a credentialing committee that uses a peer review process to make recommendations regarding credentialing decisions.
(b) The insurer's governing body is ultimately responsible for the QI program.
  (1) The governing body must appoint a quality improvement committee (QIC) that:
    (A) must include practicing physicians and individual providers;
    (B) may include one or more insured(s) from throughout the exclusive provider benefit plan's service area; and
    (C) must ensure that any insured appointed to the QIC is not an employee of the insurer.
  (2) The governing body must approve the QI program.
  (3) The governing body must approve an annual QI plan.
  (4) The governing body must meet no less than annually to receive and review reports of the QIC or its subcommittees and take action when appropriate.
  (5) The governing body must review the annual written report on the QI program.
(c) The QIC must evaluate the overall effectiveness of the QI program.
  (1) The QIC may delegate QI activities to other committees that may, if applicable, include practicing physicians, individual providers, and insureds from the service area.
    (A) All committees must collaborate and coordinate efforts to improve the quality, availability, and accessibility of health care services.
    (B) All committees must meet regularly and report the findings of each meeting, including any recommendations, in writing to the QIC.
    (C) If the QIC delegates any QI activity to any subcommittee, then the QIC must establish a method to oversee each subcommittee.
  (2) The QIC must use multidisciplinary teams, when indicated, to accomplish QI program goals.
(d) In reviewing an insurer's quality improvement program, the department will presume that the insurer is in compliance with statutory and regulatory requirements regarding the insurer's quality improvement program if the insurer has received nonconditional accreditation or certification specific and germane to the insurer's quality improvement program by the National Committee for Quality Assurance, the Joint Commission, URAC, or the Accreditation Association for Ambulatory Health Care. However, if the department determines that an accreditation or certification program does not adequately address a material Texas statutory or regulatory requirement, the department will not presume the insurer to be in compliance with that requirement.

Source Note: The provisions of this §3.3724 adopted to be effective February 21, 2013, 38 TexReg 827