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H0709...........................................................by BUSINESS HEALTH INSURANCE - PAYMENT OF CLAIMS - Adds to existing law relating to insurance to define terms; to require the prompt payment of claims; to provide for interest payments; to provide exceptions; and to provide penalties. 02/16 House intro - 1st rdg - to printing 02/17 Rpt prt - to Bus
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 709 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO PROMPT PAYMENT OF CLAIMS; AMENDING TITLE 41, IDAHO CODE, BY THE 3 ADDITION OF A NEW CHAPTER 56, TITLE 41, IDAHO CODE, TO DEFINE TERMS, TO 4 REQUIRE THE PROMPT PAYMENT OF CLAIMS, TO PROVIDE FOR INTEREST PAYMENTS, TO 5 PROVIDE EXCEPTIONS AND TO PROVIDE PENALTIES; PROVIDING AN EFFECTIVE DATE 6 AND PROVIDING APPLICATION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Title 41, 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 56, Title 41, Idaho Code, and to read as follows: 11 CHAPTER 56 12 PROMPT PAYMENT OF CLAIMS 13 41-5601. DEFINITIONS. As used in this chapter: 14 (1) "Beneficiary" means a policyholder, subscriber, member, employer or 15 other person who is eligible for benefits under a contract providing hospital, 16 surgical, or medical expense coverage or a managed care organization or other 17 policy or agreement under which a third party payer agrees to reimburse for 18 covered health care services rendered to beneficiaries in accordance with the 19 benefits contract. 20 (2) "Date of payment" means the date the payment is sent as indicated by 21 the mail stamp on the envelope by the insurer to the practitioner or facility 22 or to the beneficiary in the event there is not a contract for direct payment 23 by the insurer to the practitioner or facility, or, in the event of a wire or 24 other electronic funds transfer, upon acceptance by the insurer's bank of a 25 payment order. 26 (3) "Department" means the department of insurance. 27 (4) "Director" means the director of the department of insurance. 28 (5) "Insurer" means any insurer that sells hospital, medical, long-term 29 care, dental or vision insurance policies or certificates, a subscriber con- 30 tract provided by a hospital or professional service corporation and managed 31 care organizations. "Insurer" does not include policies or certificates of 32 insurance for specific disease, hospital confinement indemnity, accident-only, 33 credit, medicare supplement, disability income insurance, student health bene- 34 fits only coverage issued as a supplement to liability insurance, worker's 35 compensation or similar insurance, automobile medical payment insurance or 36 nonrenewable short-term coverage issued for a period of twelve (12) months or 37 less. 38 (6) "Practitioner or facility" means any physician, hospital or other 39 person or facility licensed or otherwise authorized to furnish health care 40 services. 41 (7) "Receipt of claim" means the date the claim is actually received by 42 the insurer from the practitioner or facility or the beneficiary. 2 1 41-5602. PROMPT PAYMENT OF CLAIMS. (1) Except as otherwise specifically 2 provided in this chapter, an insurer shall process a claim for payment for 3 health care services rendered by a practitioner or facility to a beneficiary 4 in accordance with this section. 5 (2) An insurer shall pay or deny a claim not later than thirty (30) days 6 after receipt of the claim. 7 (3) If an insurer denies the claim or needs additional information to 8 process the claim, the insurer shall notify the practitioner or facility and 9 the beneficiary in writing within thirty (30) days of receipt of the claim. 10 The notice shall state why the insurer denied the claim. 11 (4) If the claim was denied because more information was required to 12 process the claim, the notice shall specifically describe all information and 13 supporting documentation needed to evaluate the claim for processing. If the 14 practitioner or facility submits the information and documentation identified 15 by the insurer, the insurer shall process and pay the claim within thirty (30) 16 days of receipt of the additional information or, if appropriate, deny the 17 claim. 18 41-5603. INTEREST PAYMENTS. An insurer that fails to pay a claim in 19 accordance with this chapter shall pay interest at the rate established by 20 section 28-22-104, Idaho Code, on the unpaid amount of a claim that is due and 21 owing. The interest shall accrue from the date the payment was due and shall 22 continue until the date of payment of the claim. 23 41-5604. EXCEPTIONS. (1) The time periods set forth in section 41-5602, 24 Idaho Code, shall not apply to claims that the insurer reasonably believes 25 involve fraud or misrepresentation by the practitioner or facility or the ben- 26 eficiary or to instances where the insurer has not been provided the informa- 27 tion necessary to evaluate the claim after notice has been given requesting 28 additional information by the insurer as required by section 41-5602(4), Idaho 29 Code. 30 (2) The time periods set forth in section 41-5602, Idaho Code, shall not 31 apply to claims that the insurer reasonably believes require the coordination 32 of benefits payable by the insurer with benefits payable by another insurer or 33 payable under federal or state law. 34 (3) An insurer is not required to comply with the time periods set forth 35 in section 41-5602, Idaho Code, if the insurer is in compliance with a con- 36 tract with the practitioner or facility which specifies different payment 37 requirements. 38 (4) An insurer is not required to comply with the time periods set forth 39 in section 41-5602, Idaho Code, if failure to comply is due to an act of God, 40 bankruptcy, an act of a governmental authority responding to an act of God or 41 emergency or the result of a strike, walkout or other labor dispute. 42 41-5605. PENALTIES. (1) The director shall enforce the provisions of this 43 chapter and shall review and, if appropriate, investigate complaints received 44 by the department related to noncompliance with the provisions of this chap- 45 ter. If the director determines that the provisions of this chapter have not 46 been met, the director shall notify the insurer of the provisions of this 47 chapter. 48 (2) After notice has been given as set forth in subsection (1) of this 49 section, on subsequent complaints if the director determines that an insurer 50 has not made reasonable efforts to comply with the provisions of this chapter, 51 subsequent violations of this chapter which are intentional or so frequent as 52 to indicate a general business practice shall constitute a violation of sec- 3 1 tion 41-1329, Idaho Code. 2 SECTION 2. This act shall be in full force and effect on and after Janu- 3 ary 1, 2005, and shall apply to those claims with a date of service on and 4 after January 1, 2005.
STATEMENT OF PURPOSE RS 14037C1 This bill requires insurance companies that provide health insurance in Idaho to pay claims for covered services within thirty days following receipt of a bill or, in the alternative, to specify what information or documentation is necessary to process a claim. Once the necessary information or documentation is provided, the claims then must be paid within thirty days. If an insurance company has a contract with an insured or a provider which contains different payment requirements, the contractual provisions supercede the requirements of this statute. This statute will apply only when an insurer is not complying with its contract or where there is no contract. Billing for health care services is complicated under the best of circumstances. When an insurance company does not pay claims within a reasonable time it becomes both more costly and more complicated. FISCAL NOTE This bill will have no fiscal impact on the General Fund. There will be some costs of enforcement from the Department of Insurance dedicated accounts which will vary based on the degree of compliance. Contact: Ken McClure 388-1200 STATEMENT OF PURPOSE/FISCAL NOTE H 709