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H0704......................................................by STATE AFFAIRS HEALTH CARE BILLING DISCLOSURE - Adds to existing law to require the disclosure by health care providers and health insurance carriers of certain information to patients; and to provide penalties. 02/28 House intro - 1st rdg - to printing 03/01 Rpt prt - to Bus
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 704 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO HEALTH CARE BILLING; AMENDING TITLE 39, IDAHO CODE, BY THE ADDI- 3 TION OF A NEW CHAPTER 84, TITLE 39, IDAHO CODE, TO PROVIDE A SHORT TITLE, 4 TO REQUIRE DISCLOSURE OF CERTAIN INFORMATION BY HEALTH CARE PROVIDERS AND 5 HEALTH INSURANCE CARRIERS, TO PROVIDE AN EXCEPTION, TO PROVIDE FOR PENAL- 6 TIES, TO PROHIBIT RETALIATORY ACTIONS AND TO DEFINE TERMS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended 9 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 10 ter 84, Title 39, Idaho Code, and to read as follows: 11 CHAPTER 84 12 HEALTH CARE BILLING DISCLOSURE ACT 13 39-8401. SHORT TITLE. This chapter shall be known and may be cited as the 14 "Health Care Billing Disclosure Act." 15 39-8402. DISCLOSURE REQUIRED. (1) Upon a patient's request, a health care 16 provider shall provide to a patient or to the legal representative of a 17 patient, prior to the delivery of any health care services, written notifica- 18 tion of the following information: 19 (a) The business name of the health insurance carrier or carriers with 20 which the health care provider participates and from which the health care 21 provider accepts reimbursement as payment in full after the payment of any 22 deductibles, copayments or coinsurance by the patient pursuant to the 23 patient's contract with the health insurance carrier; 24 (b) If the health care provider is not a participating or preferred pro- 25 vider with the patient's health insurance carrier, whether the health care 26 provider will bill the patient for the balance of any charges for health 27 care services which are not otherwise reimbursed by the patient's health 28 insurance carrier; 29 (c) Whether the health care provider will charge the patient interest on 30 the billed charges for the health care services and, if so, the annual 31 rate of the interest that will be charged; 32 (d) A reasonable range of the total charges for the anticipated health 33 care services provided or to be provided by the health care provider, if 34 such charges can reasonably be determined; and 35 (e) A general list of anticipated charges that may not be covered by the 36 patient's health insurance carrier including any charges that may exceed 37 the usual, customary or reasonable allowances of the health insurance car- 38 rier for purposes of reimbursement; provided however, that such list is 39 intended only to notify the patient of any possible additional charges 40 and, if provided prior to the rendering of health care services, shall not 41 limit the charges to be billed to the patient. 2 1 (2) Upon a patient's request, a health insurance carrier shall provide to 2 a patient or to the legal representative of a patient, prior to the delivery 3 of any health care services, written notification of the usual, customary or 4 reasonable allowances for which reimbursement will be provided by the health 5 insurance carrier for the anticipated health care services. 6 (3) If, following the initial delivery of health care services, there is 7 a change in either the health care provider's status as a participating or 8 preferred provider with the patient's health insurance carrier or in the 9 health care provider's business practice related to the billing of health care 10 services, the health care provider shall, upon a patient's request, provide to 11 the patient written notification of such changes prior to the delivery of any 12 additional health care services. 13 39-8403. EXCEPTION. A health care provider or health insurance carrier 14 shall not be required to provide written notification to the patient as set 15 forth in section 39-8402, Idaho Code, prior to the delivery of health care 16 services if such requirement would jeopardize the health or safety of the 17 patient; provided however, that the health care provider or health insurance 18 carrier shall provide such written notification to the patient or the legal 19 representative of the patient at the earliest opportunity following the deliv- 20 ery of health care services to the patient. 21 39-8404. FAILURE TO PROVIDE WRITTEN DISCLOSURE -- PENALTIES. (1) If a 22 health care provider fails to provide written notification upon request as 23 required in this chapter, a patient shall not be liable to the health care 24 provider for charges that are not covered by the patient's contract with a 25 health insurance carrier which are in excess of any deductibles, copayments or 26 coinsurance for which the patient is responsible pursuant to the patient's 27 contract with the health insurance carrier. 28 (2) In addition, if a health care provider or health insurance carrier 29 fails to provide written notification upon request as required in this chap- 30 ter, such provider or carrier shall be subject to a penalty of not more than 31 five thousand dollars ($5,000) for each violation. An action to recover the 32 civil penalty as provided in this subsection may be brought by a prosecuting 33 attorney. If the prosecuting attorney does not file an action for such civil 34 penalty within sixty (60) days from the date the action is requested by the 35 patient, the patient may file such action. Venue for such an action shall be 36 proper in the judicial district for the county in which the health care ser- 37 vices are or were to be provided or the county in which the respective health 38 care provider or health insurance carrier has its principal place of business 39 in this state. 40 (3) The penalties provided in this section are in addition to any other 41 remedy at law or equity available to a patient. 42 (4) Any civil penalty imposed pursuant to this section shall be deposited 43 in the state general fund. Attorney's fees shall be paid solely to the party 44 successfully bringing the action. 45 39-8405. RETALIATORY ACTION PROHIBITED. (1) A health insurance carrier 46 shall not terminate or nonrenew a contract with a health care provider, or 47 take other retaliatory action against a health care provider, based upon such 48 provider's disclosure to a patient of accurate information regarding health 49 care services to be rendered by the provider and coverage for such services by 50 a patient's health insurance carrier. 51 (2) Nothing in this section shall prohibit a contract provision that 52 requires any contracting party to keep confidential specific amounts paid to a 3 1 provider, provider fee schedules, provider salaries and other proprietary 2 information of a specified contract issued by a health insurance carrier. 3 39-8406. DEFINITIONS. As used in this chapter: 4 (1) "Health care provider" means any person or health care facility 5 licensed, registered, certified, permitted or otherwise officially recognized 6 by the state of Idaho to provide health care services in this state. 7 (2) "Health care services" means any services rendered to an individual 8 for diagnosis, treatment or care of any injury, ailment or bodily condition. 9 (3) "Health insurance carrier" means any entity that provides health 10 insurance in this state. For purposes of this chapter, carrier includes an 11 insurance company, a hospital or professional service corporation, a fraternal 12 benefit society, a health maintenance organization, any entity providing 13 health insurance coverage or benefits to residents of this state as certifi- 14 cate holders under a group policy issued or delivered outside of this state, 15 and any other entity providing a plan of health insurance or health benefits 16 subject to state insurance regulation. 17 (4) "Patient" means an individual who receives, or requests to receive, 18 health care services from a health care provider.
STATEMENT OF PURPOSE RS 12172 Health care costs are escalating at a higher rate than ever before. Health care providers, health insurance companies and health care consumers (patients) are challenged as medical bills or accounts receivable go unpaid, insurance premium rate hikes occur, and balance billing practices surprise and shock consumers. The purpose of this legislation is to provide for disclosure and responsibility in the area of health care billing. Upon request, providers would be required to inform patients if the health care provider is a participating provider in a network, if the provider accepts the patient s insurance, if the provider will "balance bill", and also provide a reasonable range of total charges. Also, upon request, a health insurance carrier will provide to a patient prior to the delivery of any anticipated health care services written notification of the usual, customary or reasonable allowances for which reimbursement will be provided. Certain exceptions are provided and penalties for failure to provide disclosure are set forth. FISCAL IMPACT None. Contact Name: Rep. Kent Kunz Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 704