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