This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:49 GMT

TITLE 28 - INSURANCE
PART 1 - TEXAS DEPARTMENT OF INSURANCE
CHAPTER 12 - INDEPENDENT REVIEW ORGANIZATIONS
SUBCHAPTER C - GENERAL STANDARDS OF INDEPENDENT REVIEW
SECTION/RULE ยง12.202 - Personnel and Credentialing
Chapter Review Date 05/06/2022

(a) Personnel employed by or under contract with the IRO to perform independent reviews must be appropriately trained, qualified, and, if applicable, currently licensed, registered, or certified. These personnel must be currently involved in an active practice. An exception to the active practice requirement is the medical director of the IRO. Personnel who obtain information directly from a physician, dentist, or other health care provider, either orally or in writing, and who are not physicians or dentists, must be nurses, physician assistants, or health care providers qualified to provide the service requested by the provider. This provision must not be interpreted to require such qualifications for personnel who perform clerical or administrative tasks.(1) Personnel conducting independent reviews for health services must hold an unrestricted license, an administrative license, or otherwise be authorized to provide the same or similar specialty health services by a licensing agency in the United States.(2) Personnel conducting independent reviews for workers' compensation health care services must hold an unrestricted license, an administrative license, or otherwise be authorized to provide the same or similar specialty workers' compensation health care services by a licensing agency in this state.(b) The IRO is required to provide to the commissioner:(1) the name, type, license number, state of licensure, date of contract, and minimum qualifications of the personnel either employed or under contract to perform the independent review; and(2) written procedures used to determine whether physicians or other health care providers used by the IRO are licensed, qualified, in good standing, and appropriately trained.(c) An IRO must be under the direction of a medical director who is a physician currently licensed and in good standing to practice medicine by a state licensing agency in the United States. The medical director functions must include, but are not limited to, conducting:(1) annual review and approval of review criteria;(2) annual quality assurance audits of at least 25 percent of all decisions to ensure appropriate reviews are conducted, and to provide quality assurance reports to the department when requested; and(3) annual quality assurance audits of at least 25 percent of all assignments to ensure appropriate reviewers are assigned to cases, and to provide quality assurance reports to the department when requested.(d) The IRO must maintain credentialing and recredentialing files of personnel who are either employed or under contract to perform independent reviews. At a minimum, the IRO must keep the following credentialing and recredentialing information current and available for review by the department and TDI-DWC on request:(1) verification obtained from the applicable state licensing board that licensure, certification, or registration is in effect at the time of the credentialing decision;(2) active practice in effect at the time of the credentialing decision;(3) board certification, if applicable. The IRO may obtain verification from the American Board of Medical Specialties Compendium, the American Osteopathic Association, the American Medical Association MasterFile, or an applicable specialty board. The certification must be in effect at the time of the credentialing decision; and(4) any sanctions or revocations by any state licensing agencies in the United States or the U.S. Department of Health and Human Services (HHS) in effect at the time of the credentialing decision. The IRO must verify sanctions or revocations with state licensing agencies, TDI-DWC, and the HHS Office of Inspector General.(e) Notwithstanding subsections (c) and (d) of this section, a physician, dentist, or other person who performs independent review whose license has been revoked by any state licensing agency in the United States is not eligible to direct or conduct independent review.(f) Notwithstanding subsection (c) of this section, an IRO that performs independent review of a health care service provided under Labor Code