2004 Legislation
Print Friendly

HOUSE BILL NO. 709 – Health insurance, payment of claims

HOUSE BILL NO. 709

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN 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 / Fiscal Impact


                      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