2A. A utilization review organization may use an artificial intelligence-based algorithm to provide an initial review of a request for prior authorization, except that, for a prior authorization request for a health care service based on medical necessity, a utilization review organization shall not use an artificial intelligence-based algorithm as the sole basis for the utilization review organization's decision to deny, delay, or downgrade the prior authorization request.

2. A utilization review organization shall not deny or downgrade a request for prior authorization unless all of the following requirements are met: a. The decision to deny or downgrade the request is made by either of the following: (1) A qualified reviewer, if the health care provider requesting prior authorization is a physician. (2) A clinical peer, if the health care provider requesting prior authorization is not a physician. b. The utilization review organization provides the health care provider that requested the prior authorization all of the following: (1) A written statement that cites the specific reasons for the denial or downgrade, including any coverage criteria or limits, or clinical criteria, that the utilization review organization considered or that was the basis for the denial or downgrade. The written statement shall be signed by either of the following: (a) The qualified reviewer that made the denial or downgrade determination, if the health care provider that requested prior authorization is a physician. (b) The clinical peer that made the denial or downgrade determination, if the health care provider that requested prior authorization is not a physician. (2) A written explanation of the utilization review organization's appeals process. The utilization review organization shall also provide the written explanation to the covered person for whom prior authorization was requested. (3) A written attestation that is either of the following: (a) If the health care provider that requested prior authorization is a physician, a written attestation that the qualified reviewer who made the denial or downgrade determination practices in the same or a similar specialty as the health care provider, and has the requisite training and expertise to treat the medical condition that is the subject of the request for prior authorization, including sufficient knowledge to determine whether the health care service is medically necessary or clinically appropriate. The attestation shall include the qualified reviewer's name, national provider identifier, board certifications, specialty expertise, and educational background. (b) If the health care provider that requested prior authorization is not a physician, a written attestation that the clinical peer who made the denial or downgrade determination practices in the same or a similar specialty as the health care provider, and the clinical peer has experience managing the specific medical condition or administering the health care service that is the subject of the request for prior authorization. The attestation shall include the clinical peer's name, national provider identifier, board certifications, specialty expertise, and educational background. 3. A utilization review organization that denies a request for prior authorization shall, no later than seven business days after the date that the utilization review organization notifies the requesting health care provider of the denial, conduct a consultation either in person or remotely, as follows: a. Between the health care provider and a qualified reviewer, if the health care provider requesting prior authorization is a physician. b. Between the health care provider and a clinical peer, if the health care provider requesting prior authorization is not a physician.

4. a. If a utilization review organization's decision to deny or downgrade a request for prior authorization is appealed by the requesting health care provider or covered person, the appeal shall be conducted by either of the following: (1) A qualified reviewer, if the health care provider requesting prior authorization is a physician. (2) A clinical peer, if the health care provider requesting prior authorization is not a physician. b. A qualified reviewer or clinical peer involved in the initial denial or downgrade determination of a request for prior authorization that is the subject of an appeal shall not conduct the appeal. c. When conducting an appeal of a request for prior authorization, the qualified reviewer or clinical peer shall consider the known clinical aspects of the health care services under review, including but not limited to medical records relevant to the covered person's medical condition that is the subject of the health care services for which prior authorization is requested, and any relevant medical literature submitted by the health care provider as part of the appeal.

"Qualified reviewer" means a physician that meets all of the following requirements: (1) The physician practices in the same or a similar specialty as the health care provider that requested a prior authorization. (2) The physician has the training and expertise to treat the specific medical condition that is the subject of a request for prior authorization, including sufficient knowledge to determine whether the health care service that is the subject of the request is medically necessary or clinically appropriate. (3) The physician is employed by or contracted with the utilization review organization or health carrier to which a health care provider submitted a request for prior authorization.

The written statement shall be signed by either of the following: (a) The qualified reviewer that made the denial or downgrade determination, if the health care provider that requested prior authorization is a physician. (b) The clinical peer that made the denial or downgrade determination, if the health care provider that requested prior authorization is not a physician.