2004 Legislation
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HOUSE BILL NO. 743 – Health insurance claims, pymt

HOUSE BILL NO. 743

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Bill Status



H0743.....................................................by WAYS AND MEANS
HEALTH INSURANCE CLAIM - PAYMENT - Adds to existing law to provide for the
submission and prompt payment of health care insurance claims; to define
terms; to provide for the timing and method of claim payments; to provide
for provider billing; to provide that insurers are not required to accept
an assignment of payment; to provide for interest payments; and to set
forth exceptions.
                                                                        
02/20    House intro - 1st rdg - to printing
02/23    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. 743
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HEALTH CARE INSURANCE CLAIMS; AMENDING TITLE 41,  IDAHO  CODE,  BY
  3        THE  ADDITION  OF A NEW CHAPTER 56, TITLE 41, IDAHO CODE, TO DEFINE TERMS,
  4        TO PROVIDE FOR THE TIMING AND METHOD OF CLAIM  PAYMENTS,  TO  PROVIDE  FOR
  5        PROVIDER  BILLING,  TO PROVIDE THAT INSURERS ARE NOT REQUIRED TO ACCEPT AN
  6        ASSIGNMENT OF PAYMENT, TO PROVIDE FOR INTEREST PAYMENTS AND TO  SET  FORTH
  7        EXCEPTIONS; PROVIDING AN EFFECTIVE DATE AND PROVIDING FOR APPLICATION.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That Title 41, Idaho Code, be, and the same is hereby amended
 10    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 11    ter 56, Title 41, Idaho Code, and to read as follows:
                                                                        
 12                                      CHAPTER 56
 13                       TIMELY SUBMISSION AND PAYMENT OF CLAIMS
                                                                        
 14        41-5601.  DEFINITIONS. As used in this chapter:
 15        (1)  "Beneficiary"  means  a policyholder, subscriber, member, employer or
 16    other person who is eligible for benefits under a contract providing hospital,
 17    surgical or medical expense coverage or a managed care organization  or  other
 18    policy  or  agreement  under which a third party payer agrees to reimburse for
 19    covered health care services rendered to beneficiaries in accordance with  the
 20    benefits contract.
 21        (2)  "Claim"  means an electronically submitted claim from or on behalf of
 22    a provider.
 23        (3)  "Date of payment" means the date the payment is sent by  the  insurer
 24    to the provider.
 25        (4)  "Insurer"  means an authorized insurer, as defined in section 41-110,
 26    Idaho Code, that issues health insurance policies to any  person  within  this
 27    state.
 28        (5)  "Provider"  means  a physician licensed to practice medicine pursuant
 29    to Idaho law and who is in a contractual relationship to provide  health  care
 30    services with the insurer to whom the claim is submitted.
 31        (6)  "Receipt of claim" means the date the initial claim or the additional
 32    requested  information  or  documentation  is  actually received, whichever is
 33    later, by the insurer.
                                                                        
 34        41-5602.  TIMING AND METHOD OF CLAIM PAYMENTS. (1) Unless  otherwise  pro-
 35    vided in this chapter, an insurer shall process a claim for payment for health
 36    care  services rendered by a provider to a beneficiary in accordance with this
 37    section.
 38        (2)  An insurer shall pay, request additional information, or deny a claim
 39    not later than thirty (30) days after receipt of the claim.
 40        (3)  If an insurer denies the claim or  needs  additional  information  to
 41    process  the  claim, the insurer shall notify the provider and the beneficiary
                                                                        
                                           2
                                                                        
  1    electronically or in writing. The notice shall state why  the  insurer  denied
  2    the  claim.   If  the claim was denied because more information is required to
  3    process the claim, the notice shall identify  the  additional  information  or
  4    supporting documentation that is needed to evaluate the claim for processing.
  5        (4)  Insurers  and providers shall, in connection with all claims, use the
  6    current procedural terminology (CPT) code in effect, as published by the Amer-
  7    ican medical association, the international classification  of  disease  (ICD)
  8    code  in  effect,  as  published by the United States department of health and
  9    human services, or the healthcare common procedure coding system (HCPCS)  code
 10    in effect, as published by the United States centers for medicaid and medicare
 11    services (CMMS).
 12        (5)  The  provisions  of this chapter shall apply only to claims submitted
 13    electronically to the insurer.
                                                                        
 14        41-5603.  PROVIDER BILLING. (1) The provider shall not send a  bill  to  a
 15    beneficiary until the time period for payment of a clean claim by the insurer,
 16    as  set forth in this section, has expired. The provider shall be permitted to
 17    send a bill to the beneficiary for payment of any applicable copayment,  coin-
 18    surance  or  deductible prior to the expiration of the time period for payment
 19    of a clean claim as set forth in this chapter.
 20        (2)  The provider may send an informational statement to  the  beneficiary
 21    setting  forth the charges for the services rendered. Any such statement shall
 22    include language, in boldface type with a font size of not less than  eighteen
 23    (18),  informing  the beneficiary that the provider has submitted the claim to
 24    the beneficiary's insurer for payment and that the beneficiary is not required
 25    to submit payment, except for any applicable copayment, coinsurance or deduct-
 26    ible, to the provider until the insurer has met the requirements of this chap-
 27    ter.
 28        (3)  A provider shall be required to submit  any  claim  for  delivery  of
 29    health  care  services  under  a health benefit plan to an insurer for payment
 30    within thirty (30) business days of the date on which service was delivered to
 31    an enrollee or a claim was incurred, or  pursuant  to  the  contractual  terms
 32    agreed  to  between  the  insurer and the provider, if different. The provider
 33    shall submit to  the  insurer  within  ten  (10)  business  days  after  being
 34    requested  to  do  so,  any  additional written itemization, document or other
 35    information required by the insurer to justify the claim.
 36        (4)  If a provider believes that additional time is  needed  to  submit  a
 37    claim,  the  insurer  must  receive  written notice requesting additional time
 38    within thirty (30) business days of the date on which service  was  delivered.
 39    Upon  receipt,  the insurer shall provide thirty (30) additional business days
 40    for the provider to submit the claim. If  after  the  additional  thirty  (30)
 41    business  day  period  the provider has not submitted the claim along with any
 42    required justification, the insurer is not obligated to provide any payment to
 43    the provider for that claim.
 44        (5)  (a) If a provider fails to submit a claim within thirty (30) business
 45        days from the date of service and has not requested additional time pursu-
 46        ant to subsection (4) of this section, the insurer  may  deduct  one-tenth
 47        (1/10)  of   the  total cost of the claim from the payment to the provider
 48        for every business day that the provider fails to submit the  claim  after
 49        the  initial  thirty  (30)  business day period. After forty (40) business
 50        days from the date of service, the insurer is not obligated to provide any
 51        payment to the provider.
 52        (b)  In addition to the provisions of subsection (1) of this section, if a
 53        provider has failed to submit a claim within  thirty  (30)  business  days
 54        from the date of service, then the provisions of this chapter do not apply
                                                                        
                                           3
                                                                        
  1        to that claim.
  2        (6)  In   each   instance  in  which  a  provider  files  a  duplicate  or
  3    unprocessible claim, the  insurer  shall  assess  the  provider  five  dollars
  4    ($5.00).  This  assessment  may  be offset against any amount owed to the pro-
  5    vider, if any.
  6        (7)  An insurer may remove a provider from its  network  if  the  provider
  7    establishes  a  pattern  of  failure  to  submit  claims in a timely manner as
  8    required by this section. For the purposes of  this  subsection,  a  "pattern"
  9    shall  consist  of  ten  (10)  or more documented failures in one (1) calendar
 10    year. The insurer shall maintain documentation justifying any  removals  based
 11    upon these failures for purposes of review by the department.
 12        (8)  A  provider is prohibited from billing a patient for any expenses not
 13    recovered from an insurer where the insurer is relieved of responsibility  for
 14    payment  or  is  permitted to take deductions from any amount owed to the pro-
 15    vider pursuant to this section.
                                                                        
 16        41-5604.  ASSIGNMENT. Nothing in  this  chapter  requires  an  insurer  to
 17    accept an assignment of payment by the beneficiary to a provider.
                                                                        
 18        41-5605.  INTEREST  PAYMENTS.  An insurer that fails to pay, request addi-
 19    tional information or documentation, or denies a claim to  a  provider  within
 20    the  time  periods  established in this chapter shall pay interest at the con-
 21    tract statutory rate pursuant to section 28-22-104, Idaho Code, on the  unpaid
 22    amount  of  a claim that is determined to be due and owing. The interest shall
 23    accrue from the date payment was due, pursuant to the provisions of this chap-
 24    ter, until the claim is paid. Payment of any interest amount of less than five
 25    dollars ($5.00) shall not be required.
                                                                        
 26        41-5606.  EXCEPTIONS. (1) The time periods set forth in this chapter shall
 27    not apply to claims for which there is evidence of fraud or  misrepresentation
 28    by  a  provider or beneficiary, or to instances where the insurer has not been
 29    granted reasonable access to the information under the provider's control.
 30        (2)  An insurer is not required to comply with the time periods set  forth
 31    in  this chapter if the failure to comply is due to an act of God, bankruptcy,
 32    an act of a governmental authority responding to an act of God  or  emergency,
 33    or the result of a strike, walkout or other labor dispute, act of terrorism or
 34    during a declaration of war.
                                                                        
 35        SECTION  2.  This  act shall be in full force and effect on and after July
 36    1, 2005, and shall apply to those claims with a date of service by a  provider
 37    on and after July 1, 2005.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14153

The proposed bill imposes upon health care insurers a specific
timetable for prompt payment of health care professionals and
providers.  It also imposes upon health care professionals and
providers requirements for prompt submission of claims for
payment as a precondition of prompt payment by the insurer.


                          FISCAL IMPACT

The proposed legislation will have no fiscal impact upon the
general fund.




Contact
Name: Charles Lempesis 
      Health Insurance Association of America
Phone: (208) 661-3093


STATEMENT OF PURPOSE/FISCAL NOTE                      H 743