Steve Verno
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« on: March 24, 2009, 04:09:41 AM » |
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There is more to this than meets the eye.
If the provider is contracted, you must research the contract to see if interest is permitted under the terms of the contract. You also need to read the contract to see when interest could be due. The contract may have a term that says, "Claims wil be paid within a reasonable timeframe. Unless reasonable is clearl defined, you may be up that known creek without a paddle. If you dont have a copy of the contract, you dont have a leg to stand on. After al, what proo do you have that the inurance company mut pay witihn a specified timeframe and that interest is due.
For non-par carriers, you need to research your state law to see if the State Law allows interest and the maximum amount of interest.
Good luck getting the VA to pay interest. If you wisht o attempt, you must research th eexact government laws that allow interest on VA claims.
You will also need to know the non-par carriers where the claim and benefit payment is under the jurisdiction of ERISA. See 29 CFR 2560-503-1. The patient's contract may state, payment of claims will be don within a reasonable timeframe. Reasonable could be 90 days, 120 days, 180 days, 365 days, or even 5 years.
Last, to request interest, you may have to show the provider used due diligence with contacting the insurance company regarding the claim. Also, for non-par carriers, the claim is NOT your providers claim. The claim belongs to the patient. Your provider aubmitted the claim as a courtesy to the member. YOu must also know if payment was sent to the member per the terms of the contract between the member or employer. The carrier may not be required to send the benefit payment to the provider, even if an AOB was signed. Speaking of AOB, you must make sure you have a copy. Without it, you're also up sh*t creek as you have nothing to prove the benefit asignment was requested. Even ifrequested, the insurance company can say the patient didnt have the contractal permission to assign their benefit.
Me? I write to the CEO or an address/person listed in the contract.
Regardinf the wordin of a letter, you may wish to consult with the practice attorney for proper language. YOu dont want the insurance company lawyers coming after you for practicing law without a license or having your letter(s) presented as evidence in a court of law.
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