2004 Legislation
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HOUSE BILL NO. 705 – Health insurance, payment of claims

HOUSE BILL NO. 705

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Bill Status



H0705...........................................................by BUSINESS
HEALTH INSURANCE - CLAIMS PAYMENT - Adds to existing law relating to the
prompt payment of health insurance claims; to define terms; to provide for
the timing and method of claim payments; to provide for provider billing;
to provide for interest payments; and to provide exceptions.
                                                                        
02/16    House intro - 1st rdg - to printing
02/17    Rpt prt - to Bus

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 705
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PROMPT PAYMENT OF HEALTH  INSURANCE  CLAIMS;  AMENDING  TITLE  41,
  3        IDAHO  CODE, BY THE ADDITION OF A NEW CHAPTER 56, TITLE 41, IDAHO CODE, TO
  4        DEFINE TERMS, TO PROVIDE FOR THE TIMING AND METHOD OF CLAIM  PAYMENTS,  TO
  5        PROVIDE FOR PROVIDER BILLING, TO PROVIDE FOR INTEREST PAYMENTS AND TO PRO-
  6        VIDE EXCEPTIONS; PROVIDING AN EFFECTIVE DATE 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                                  PAYMENT OF CLAIMS
                                                                        
 13        41-5601.  DEFINITIONS. As used in this chapter:
 14        (1)  "Beneficiary" means a policyholder, subscriber, member, or other per-
 15    son  who  is eligible for benefits under a contract providing hospital, surgi-
 16    cal, or medical expense coverage or a managed care organization or other  pol-
 17    icy  or agreement under which a third party payer agrees to reimburse for cov-
 18    ered health care services rendered to beneficiaries  in  accordance  with  the
 19    benefits contract.
 20        (2)  "Claim"  is  an electronically submitted claim from or on behalf of a
 21    provider.
 22        (3)  "Date of payment" means the date the payment is sent by  the  insurer
 23    to the provider.
 24        (4)  "Electronically submitted" means any process of communication that is
 25    suitable  for  the retention, retrieval and reproduction of information by the
 26    recipient and which does not directly involve the physical transfer of paper.
 27        (5)  "Insurer" means an authorized insurer, as defined in section  41-110,
 28    Idaho  Code,  that  issues health insurance policies to any person within this
 29    state.
 30        (6)  "Provider" means a physician licensed to practice  medicine  pursuant
 31    to  Idaho  law and who is in a contractual relationship to provide health care
 32    services with the insurer to whom the claim is submitted.
 33        (7)  "Receipt of claim" means the date the initial claim or the additional
 34    requested information or documentation  is  actually  received,  whichever  is
 35    later, by the insurer.
                                                                        
 36        41-5602.  TIMING  AND  METHOD OF CLAIM PAYMENTS. (1) Unless otherwise pro-
 37    vided in this chapter, an insurer shall process a claim for payment for health
 38    care services rendered by a provider to a beneficiary in accordance with  this
 39    section.
 40        (2)  An insurer shall pay, request additional information, or deny a claim
 41    not later than thirty (30) days after receipt of the claim.
                                                                        
                                           2
                                                                        
  1        (3)  If  an  insurer  denies  the claim or needs additional information to
  2    process the claim, the insurer shall notify the provider and  the  beneficiary
  3    electronically  or  in  writing. The notice shall state why the insurer denied
  4    the claim. If the claim was denied because more  information  is  required  to
  5    process  the  claim,  the  notice shall identify the additional information or
  6    supporting documentation that is needed to evaluate the claim for processing.
  7        (4)  Insurers and providers shall, in connection with all claims, use  the
  8    current procedural terminology (CPT) code in effect, as published by the Amer-
  9    ican  medical  association,  the international classification of disease (ICD)
 10    code in effect, as published by the United States  department  of  health  and
 11    human services, or the healthcare common procedural coding system (HCPCS) code
 12    in effect, as published by the United States centers for medicaid and medicare
 13    services (CMMS).
 14        (5)  The  provisions  of  this  chapter shall apply only to electronically
 15    submitted claims.
                                                                        
 16        41-5603.  PROVIDER BILLING. (1) The provider shall be permitted to send  a
 17    bill  to  the beneficiary for payment of any applicable copayment, coinsurance
 18    or deductible.
 19        (2)  The provider may send an informational statement to  the  beneficiary
 20    setting  forth the charges for the services rendered. Any such statement shall
 21    include language, in boldface type with a font size  not  less  than  eighteen
 22    (18),  informing  the beneficiary that the provider has submitted the claim to
 23    the beneficiary's insurer for payment and that the beneficiary is not required
 24    to submit payment, except for any applicable copayment, coinsurance or deduct-
 25    ible, to the provider until the insurer has met the requirements of this chap-
 26    ter.
 27        (3)  A provider shall be required to submit  any  claim  for  delivery  of
 28    health  care  services  under  a health benefit plan to an insurer for payment
 29    pursuant to the contractual terms agreed to between the health carrier and the
 30    provider. The provider shall submit to the  health  carrier  within  ten  (10)
 31    business  days after receipt of request to do so, any additional written item-
 32    ization, document, or other information required by the health carrier to jus-
 33    tify the claim.
                                                                        
 34        41-5604.  INTEREST PAYMENTS. An insurer that fails to pay,  request  addi-
 35    tional  information  or documentation or deny a claim to a provider within the
 36    time periods established in this chapter shall pay interest  at  the  contract
 37    statutory rate pursuant to section 28-22-104, Idaho Code, on the unpaid amount
 38    of  a  claim that is determined to be due and owing. The interest shall accrue
 39    from the date payment was due, pursuant to the  provisions  of  this  chapter,
 40    until the claim is paid. Payment of any interest amount of less than five dol-
 41    lars  ($5.00)  shall  not  be required. Insurers may add any interest due to a
 42    future payment to the provider.
                                                                        
 43        41-5605.  EXCEPTIONS. The time periods set forth in this chapter shall not
 44    apply to claims for which there is evidence of fraud, or misrepresentation  by
 45    a  provider  or  beneficiary,  or  to instances where the insurer has not been
 46    granted reasonable access to the information under the provider's control.  An
 47    insurer  is  not  required  to  comply with the time periods set forth in this
 48    chapter if the failure to comply is due to an act of God, bankruptcy,  an  act
 49    of  a  governmental authority responding to an act of God or emergency, or the
 50    result of a strike, walkout or other labor dispute, act of terrorism or during
 51    a declaration of war.
                                                                        
                                           3
                                                                        
  1        SECTION 2.  This act shall be in full force and effect on and  after  July
  2    1,  2005, and shall apply to those claims with a date of service by a provider
  3    on and after July 1, 2005.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 13944
                                
This legislation requires prompt payment by health insurance
carriers of claims submitted electronically by contracting
physician providers.

It allows contracting physicians to send the patient an
informational statement setting forth the fees for services, but
prohibits the physician from seeking immediate payment except for
applicable coinsurance, deductibles and copayments.

It requires a health insurance carrier to pay the physician the
statutory contract rate of interest for claims not paid within the
proper time frame.



                          FISCAL NOTE

There is no fiscal impact.



Contact:  Idaho Association of Health Plans
          Steve Tobiason      342-4545
          Lyn Darrington      336-1986
          

          
STATEMENT OF PURPOSE/FISCAL NOTE                       H 705