13. A payer shall ensure that any adverse determinations of any appeal are reviewed by a physician. The physician shall:
 
   a.   be board-certified in a same or similar specialty that has experience treating the condition or service under review or has experience treating the condition within the last five years;
 
   b.   not be paid by a payer based on the reviewing physician's denial or approval rate;
 
   c.   not have been directly involved in making an initial adverse determination for the same claim;
 
   d.   consider all known clinical aspects of the health care service under review, including, but not limited to, a review of all pertinent medical records provided to the payer by the health care provider of the covered person, any relevant records provided to the payer by a health care facility, and any medical literature provided to the payer by the health care service provider of the covered person;
 
   e.   not be provided preferential treatment by the payer in the reviewing physician's own requests for prior authorization if the reviewing physician is also a network provider; and
 
   f.   when requested by the treating provider, engage in a telephonic conversation with the treating provider to discuss the need for the prescribed medication or service.
 
L.2023, c.296, s.13.