409.9127  Preauthorization and concurrent utilization review; conflict-of-interest standards.--

(1)  The Agency for Health Care Administration shall be solely responsible for developing and enforcing standards to prohibit financial and other conflicts of interest among vendors selected to provide preauthorization and concurrent utilization review management with direct-service organizations providing alcohol, substance abuse, mental health, or related services to clients who have services authorized through the preauthorization and concurrent utilization review management system established to achieve cost savings in the provision of alcohol, substance abuse, mental health, or related services. The agency may require the posting of a surety bond to guarantee that no financial or other conflicts of interest exist or will exist among vendors selected to provide preauthorization and concurrent utilization review management services.

(2)  Vendors selected to conduct preauthorization or concurrent utilization review management, or both, may be peer-review organizations, qualified licensed clinical practitioners, or public or private organizations that demonstrate the ability to conduct such reviews according to criteria developed by the agency and that have no financial or other conflict of interest with any direct-service organization providing alcohol, substance abuse, mental health, or related services. Selection of vendors shall be accomplished through a competitive process.