33-24-28.4
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33-24-28.4.
(a)
As used in this Code section, the term 'general anesthesia' means the use of an
anesthetic that is complete and affects the entire body, causing loss of
consciousness when the anesthetic acts upon the brain. Such anesthetics are
usually administered intravenously or through inhalation.
(b)(1)
Any individual or group plan, policy, or contract for health care services which
is issued, delivered, issued for delivery, or renewed in this state by a health
care insurer, health maintenance organization, accident and sickness insurer,
fraternal benefit society, nonprofit hospital service corporation, nonprofit
medical service corporation, health care plan, or any other person, firm,
corporation, joint venture, or other similar business entity that pays for,
purchases, or furnishes health care services to patients, insureds, or
beneficiaries in this state shall be subject to the provisions of this Code
section.
(2)
Any entity listed in paragraph (1) of this subsection and located or domiciled
outside of this state shall be subject to the provisions of this Code section if
it receives, processes, adjudicates, pays, or denies any claim for health care
services submitted by or on behalf of any patient, insured, or other beneficiary
who resides or receives health care services in this state.
(c)
Any entity that provides a health care services plan, policy, or contract
subject to this Code section shall provide coverage for general anesthesia and
associated hospital or ambulatory surgical facility charges in conjunction with
dental care provided to a person insured or otherwise covered under such plan if
such person is:
(1)
Seven years of age or younger or is developmentally disabled;
(2)
An individual for which a successful result cannot be expected from dental care
provided under local anesthesia because of a neurological or other medically
compromising condition of the insured; or
(3)
An individual who has sustained extensive facial or dental trauma, unless
otherwise covered by workers´ compensation insurance.
(d)
Any entity that provides a health care services plan, policy, or contract
subject to this Code section may require prior authorization for general
anesthesia and associated hospital or ambulatory surgical facility charges for
dental care in the same manner that prior authorization is required for such
benefits in connection with other covered medical care.
(e)
Any entity that provides a health care services plan, policy, or contract
subject to this Code section may restrict coverage under this Code section to
include only procedures performed by:
(1)
A fully accredited specialist in pediatric dentistry or other dentist fully
accredited in a recognized dental specialty for which hospital or ambulatory
surgical facility privileges are granted;
(2)
A dentist who is certified by virtue of completion of an accredited program of
postgraduate training to be granted hospital or ambulatory surgical facility
privileges; or
(3)
A dentist who has not yet satisfied certification requirements but has been
granted hospital or ambulatory surgical facility privileges.
(f)
This Code section shall not apply to limited benefit insurance policies as
defined in paragraph (4) of subsection (e) of Code Section 33-30-12.