DSM.AZ.App.Packet.2016
Obtaining Medical Records
Arizona law (A.R.S. §12-2293) permits you to ask for a copy of your medical records.
Your request must be in writing and must specify who you want to receive the records.
The health care provider who has your records will provide you or the person you specified
with a copy of your records.
Designated Decision-Maker: If you have a designated health care decision-maker, that
person must send a written request for access to or copies of your medical records. The
medical records must be provided to your health care decision-maker or a person designated
in writing by your health care decision-maker unless you limit access to your medical
records only to yourself or your health care decision-maker.
Confidentiality: Medical records disclosed under A.R.S. §12-2293 remain confidential. If
you participate in the appeal process, the relevant portions of your medical records may be
disclosed only to people authorized to participate in the review process for the medical
condition under review. These people may not disclose your medical information to any
other people.
Documentation for an Appeal
If you decide to file an appeal, you must give us any material justification or documentation
for the appeal at the time the appeal is filed. If you gather new information during the
course of your appeal, you should give it to us as soon as you get it. You must also give
us the address and phone number where you can be contacted. If the appeal is already at
Level 3, you should also send the information to the Department.
The Role of the Director of Insurance
Arizona law (A.R.S. §20-2533(F)) requires “any member who files a complaint with the
Department relating to an adverse decision to pursue the review process prescribed” by
law. This means, that for appealable decisions, you must pursue the health care appeals
process before the Insurance Director can investigate a complaint you may have against
our company based on the decision at issue in the appeal.
The appeal process requires the Director to:
1. Oversee the appeals process.
2. Maintain copies of each utilization review plan submitted by insurers.
3. Receive, process, and act on requests from an insurer for External,
Independent Review.
4. Enforce the decisions of insurers.
5. Review decisions of insurers.
6. Send, when necessary, a record of the proceedings of an appeal to Superior
Court or to the Office of Administrative Hearings (OAH).
7. Issue a final administrative decision on coverage issues, including the
notice of the right to request a hearing at OAH.