TITLE 16. LABOR AND EMPLOYMENT
Title of Regulation: 16VAC30-16. Electronic Medical
Billing (adding 16VAC30-16-10 through 16VAC30-16-80).
Statutory Authority: § 65.2-605.1 of the Code of
Virginia.
Effective Date: February 6, 2019.
Agency Contact: James J. Szablewicz, Chief Deputy
Commissioner, Virginia Workers' Compensation Commission, 333 East Franklin
Street, Richmond, VA 23219, telephone (804) 205-3097, FAX (804) 823-6936,
or email james.szablewicz@workcomp.virginia.gov.
Summary:
Pursuant to Chapter 621 of the 2015 Acts of Assembly, the
regulation implements infrastructure under which (i) providers of workers'
compensation medical services (providers) submit billing, claims, case
management, health records, and all supporting documentation electronically to
employers or employers' workers' compensation insurance carriers (payers) and
(ii) payers return actual payment, claim status, and remittance information
electronically to providers that submit billing and required supporting
documentation electronically. The regulation establishes standards and methods
for electronic submissions and transactions that are consistent with the
electronic medical billing and payment guidelines of the International
Association of Industrial Accident Boards and Commissions. The regulation does
not require any reporting to or enforcement by the Virginia Workers'
Compensation Commission or any other governmental agency.
Changes since the proposed regulation (i) made December 31,
2018, a voluntary compliance date and moved the mandatory compliance date to
July 1, 2019; (ii) adjusted the small provider exemption; and (iii) increased
the time period within which a payer must either reject or complete an
incomplete medical bill.
Summary of Public Comments and Agency's Response: A
summary of comments made by the public and the agency's response may be obtained
from the promulgating agency or viewed at the office of the Registrar of
Regulations.
CHAPTER 16
ELECTRONIC MEDICAL BILLING
16VAC30-16-10. Effective date.
This chapter applies to all medical services and products
provided on or after [ December 31, 2018 July 1, 2019 ].
For medical services and products provided prior to [ December
31, 2018 July 1, 2019 ], medical billing and processing
shall be in accordance with the rules in effect at the time the medical service
or product was provided [ ; however, providers and payers may
voluntarily comply with the provisions of this chapter beginning on December
31, 2018 ].
16VAC30-16-20. Definitions.
The following words and terms when used in this chapter
shall have the following meanings unless the context clearly indicates
otherwise:
"Business day" means Monday through Friday,
excluding days on which a holiday is observed by the Commonwealth of Virginia.
"Clearinghouse" means a public or private
entity, including a billing service, repricing company, community health
management information system or community health information system, and
"value-added" networks and switches, that is an agent of either the
payer or the health care provider and that may perform the following functions:
1. Processes or facilitates the processing of medical
billing information received from a client in a nonstandard format or
containing nonstandard data content into standard data elements or a standard
transaction for further processing of a bill related transaction; or
2. Receives a standard transaction from another entity and
processes or facilitates the processing of medical billing information into
nonstandard format or nonstandard data content for a client entity.
"CMS" means the Centers for Medicare and
Medicaid Services of the U.S. Department of Health and Human Services, the
federal agency that administers these programs.
"Companion Guide" means the Virginia Workers'
Compensation Electronic Billing and Payment Companion Guides, based on
International Association of Industrial Accident Boards and Commissions
National Companion Guides, a separate document that gives detailed information
for electronic data interchange (EDI) medical billing and payment for the
workers' compensation industry using national standards and Virginia specific
procedures.
"Complete electronic medical bill" means a
medical bill that meets all of the criteria enumerated in 16VAC30-16-50 C.
"Electronic" means communication between
computerized data exchange systems that complies with the standards enumerated
in this chapter.
"Health care provider" means a person or entity,
appropriately certified or licensed, as required, who provides medical services
or products to an injured worker in accordance with § 65.2-603 of the Code
of Virginia.
"Health care provider agent" means a person or
entity that contracts with a health care provider establishing an agency
relationship to process bills for services provided by the health care provider
under the terms and conditions of a contract between the agent and health care
provider. Such contracts may permit the agent to submit bills, request
reconsideration, receive reimbursement, and seek medical dispute resolution for
the health care provider services billed in accordance with §§ 65.2-605
and 65.2-605.1 of the Code of Virginia.
"Payer" means the insurer or authorized
self-insured employer legally responsible for paying the workers' compensation
medical bills.
"Payer agent" means any person or entity that
performs medical bill related processes for the payer responsible for the bill.
These processes include reporting to government agencies; electronic
transmission, forwarding, or receipt of documents; review of reports; and
adjudication of bills and their final payment.
"Supporting documentation" means those documents
necessary for the payer to process a bill and includes any written
authorization received from the third-party administrator or any other records
as required by the Virginia Workers' Compensation Commission.
"Technical Report Type 3 (TR3) Implementation
Guide" means an ASC X12 published document for national electronic
standard formats that specifies data requirements and data transaction sets, as
referenced in 16VAC30-16-30.
16VAC30-16-30. Formats for electronic medical bill
processing.
A. For electronic transactions, the following electronic
medical bill processing standards shall be used:
1. Billing.
a. Professional billing: The ASC X12 Standards for
Electronic Data Interchange Technical Report Type 3 and Errata, Health Care
Claim: Professional (837), June 2010, ASC X12, 005010X222A1.
b. Institutional or hospital billing: The ASC X12 Standards
for Electronic Data Interchange Technical Report Type 3 and Errata, Health Care
Claim: Institutional (837), June 2010, ASC X12, 005010X223A2.
c. Dental billing: The ASC X12 Standards for Electronic
Data Interchange Technical Report Type 3 and Errata to Health Care Claim:
Dental (837), June 2010, ASC X12, 005010X224A2.
d. Retail pharmacy billing: The Telecommunication Standard
Implementation Guide, Version D, Release 0 (Version D.0), August 2007, National
Council for Prescription Drug Programs (NCPDP) and the Batch Standard Batch
Implementation Guide, Version 1, Release 2 (Version 1.2), January 2006,
National Council for Prescription Drug Programs.
2. Acknowledgment.
a. Electronic responses to the ASC X12N 837 transactions.
(1) The ASC X12 Standards for Electronic Data Interchange
TA1 Interchange Acknowledgment contained in the standards adopted under
subdivision A 1 of this section;
(2) The ASC X12 Standards for Electronic Data Interchange
Technical Report Type 3, Implementation Acknowledgment for Health Care
Insurance (999), June 2007, ASC X12N/005010X231; and
(3) The ASC X12 Standards for Electronic Data Interchange Technical
Report Type 3, Health Care Claim Acknowledgment (277CA), January 2007, ASC
X12N/005010X214.
b. Electronic responses to NCPDP transactions. The response
contained in the standards adopted under subdivision A 1 d of this section.
3. Electronic remittance advice: The ASC X12 Standards for
Electronic Data Interchange Technical Report Type 3 Errata to Health Care Claim
Payment/Advice (835), June 2010, ASC X12, 005010X221A1.
4. ASC X12 ancillary formats.
a. The ASC X12N/005010X213 Request for Additional Information
(277) is used to request additional attachments that were not originally
submitted with the electronic medical bill.
b. Health Claim Status Request and Response.
The use of the formats in this subdivision 4 is voluntary,
and Section 2.2.2 of the Companion Guide presents an explanation of how to use
them in workers' compensation.
5. Documentation submitted with an electronic medical bill
in accordance with 16VAC30-16-50 E (relating to medical documentation): ASC
X12N Additional Information to Support a Health Claim or Encounter (275),
February 2008, ASC X12, 005010X210.
B. Payers and health care providers may exchange
electronic data in a nonprescribed format by mutual agreement. All data
elements required in the Virginia-prescribed formats shall be present in any
mutually agreed upon format.
C. The implementation specifications for the ASC X12N and
the ASC X12 Standards for Electronic Data Interchange may be obtained from the
ASC X12, 7600 Leesburg Pike, Suite 430, Falls Church, VA 22043; telephone (703)
970-4480; and FAX (703) 970-4488. They are also available online at
http://store.x12.org/. A fee is charged for all implementation specifications.
D. The implementation specifications for the retail
pharmacy standards may be obtained from the National Council for Prescription
Drug Programs, 9240 East Raintree Drive, Scottsdale, AZ 85260; telephone (480)
477-1000; and FAX (480) 767-1042. They are also available online at
http://www.ncpdp.org. A fee is charged for all implementation specifications.
E. Nothing in this section will prohibit payers and health
care providers from using a direct data entry methodology for complying with
the requirements of this section, provided the methodology complies with the
data content requirements of the formats enumerated in subsection A of this
section and this chapter.
F. The most recent standard for the formats in subsection
A of this section shall be used, commencing on the effective date of the
applicable standard as published in the Code of Federal Regulations.
16VAC30-16-40. Billing code sets.
Billing codes and modifier systems identified in this
section are valid codes for the specified workers' compensation transactions,
in addition to any code sets defined by the standards in 16VAC30-16-30.
1. "CDT-4 Codes" are codes and nomenclature
prescribed by the American Dental Association.
2. "CPT-4 Codes" are the procedural terminology
and codes contained in the "Current Procedural Terminology, Fourth
Edition," as published by the American Medical Association.
3. "Diagnosis Related Group" or "DRG"
is the inpatient classification scheme used by CMS for hospital inpatient
reimbursement. The DRG system classifies patients based on principal diagnosis,
surgical procedure, age, presence of comorbidities and complications, and other
pertinent data.
4. "Healthcare Common Procedure Coding System" or
"HCPCS" is a coding system that describes products, supplies,
procedures, and health professional services and that includes the American
Medical Association's Physician "Current Procedural Terminology, Fourth
Edition," CPT-4 codes, alphanumeric codes, and related modifiers.
5. "ICD-10-CM/PCS Codes" are diagnosis and
procedure codes in the International Classification of Diseases, Tenth Edition,
Clinical Modification/Procedure Coding System maintained and published by the
U.S. Department of Health and Human Services.
6. "NDC" are National Drug Codes of the U.S. Food
and Drug Administration.
7. "Revenue Codes" is the four-digit coding
system developed and maintained by the National Uniform Billing Committee for
billing inpatient and outpatient hospital services, home health services, and
hospice services.
8. "National Uniform Billing Committee Codes" are
a code structure and instructions established for use by the National Uniform
Billing Committee, such as occurrence codes, condition codes, or prospective
payment indicator codes. As of [ (insert effective date of final
regulation) February 6, 2019 ], these are known as UB04
codes.
16VAC30-16-50. Electronic medical billing, reimbursement,
and documentation.
A. Applicability.
1. This section outlines the exclusive process for the
initial exchange of electronic medical bill and related payment processing data
for professional, institutional or hospital, pharmacy, and dental services
[ provided to injured workers in accordance with § 65.2-603 of the
Code of Virginia ].
2. [ Payers Unless exempted from
this process in accordance with subdivision B 2 of this section, payers ]
or their agents shall:
a. Accept electronic medical bills submitted in accordance
with the adopted standards;
b. Transmit acknowledgments and remittance advice in
compliance with the adopted standards in response to electronically submitted
medical bills; and
c. Support methods to receive electronic documentation
required for the adjudication of a bill, as described in 16VAC30-16-80.
3. Unless exempted from this process in accordance with
[ subsection subdivision ] B [ 1 ]
of this section, a health care provider shall:
a. Implement a software system capable of exchanging
medical bill data in accordance with the adopted standards or contract with a
clearinghouse to exchange its medical bill data;
b. Submit medical bills as provided in 16VAC30-16-30 A 1 to
any payers that have established connectivity to the health care provider's
system or clearinghouse;
c. Submit required documentation in accordance with
subsection E of this section; and
d. Receive and process any acceptance or rejection
acknowledgment from the payer.
4. Payers shall be able to exchange electronic data by
[ December 31, 2018 July 1, 2019, unless exempted from
the process in accordance with subdivision B 2 of this section ].
5. Health care providers or their agents shall be able to
exchange electronic data by [ December 31, 2018 July
1, 2019 ], unless exempted from the process in accordance with
[ subsection subdivision ] B [ 1 ]
of this section.
B. Exemptions.
[ 1. ] A health care provider is exempt
from the requirement to submit medical bills electronically to a payer if:
[ 1. a. ] The health care
provider employs [ 10 15 ] or fewer
full-time employees; [ and or ]
[ 2. Treatment or services provided to injured
workers to be billed under workers' compensation constitutes less than 10% of
the health care provider's practice. b. The health care provider
submitted fewer than 250 medical bills for workers' compensation treatment,
services, or products in the previous calendar year.
2. A payer is exempt from the requirements to receive and
pay medical bills electronically if the payer processed fewer than 250 medical
bills for workers' compensation treatment, services, or products in the
previous calendar year. ]
C. Complete electronic medical bill. To be considered a
complete electronic medical bill, the bill or supporting transmissions shall:
1. Be submitted in the correct billing format;
2. Be transmitted in compliance with the format
requirements described in 16VAC30-16-30;
3. Include in legible text all supporting documentation for
the bill, including medical reports and records, evaluation reports, narrative
reports, assessment reports, progress reports, progress notes, clinical notes,
hospital records, and diagnostic test results that are expressly required by
law or can reasonably be expected by the payer or its agent under the laws of
Virginia;
4. Identify the following:
a. Injured employee;
b. Employer;
c. Insurance carrier, third-party administrator, managed
care organization, or payer agent;
d. Health care provider;
e. Medical service or product; and
f. Any other requirements as presented in the Companion
Guide; and
5. Use current and valid codes and values as defined in the
applicable formats referenced in this chapter and the Companion Guide.
D. Acknowledgment.
1. An Interchange Acknowledgment (ASC X12 TA1) notifies the
sender of the receipt of, and certain structural defects associated with, an
incoming transaction.
2. An Implementation Acknowledgment (ASC X12 999)
transaction is an electronic notification to the sender of the file that it has
been received and has been:
a. Accepted as a complete and structurally correct file; or
b. Rejected with a valid rejection error code.
3. A Health Care Claim Acknowledgment (ASC X12 277CA) is an
electronic acknowledgment to the sender of an electronic transaction that the
transaction has been received and has been:
a. Accepted as a complete, correct submission; or
b. Rejected with a valid rejection error code.
4. A payer shall acknowledge receipt of an electronic
medical bill by returning an Implementation Acknowledgment (ASC X12 999) within
one business day of receipt of the electronic submission.
a. Notification of a rejected bill is transmitted using the
appropriate acknowledgment when an electronic medical bill does not meet the
definition of a complete electronic medical bill as described in subsection C
of this section or does not meet the edits defined in the applicable
implementation guide.
b. A health care provider or its agent shall not submit a
duplicate electronic medical bill earlier than 60 calendar days from the date
originally submitted if a payer has acknowledged acceptance of the original
complete electronic medical bill. A health care provider or its agent may
submit a corrected medical bill electronically to the payer after receiving
notification of a rejection. The corrected medical bill is submitted as a new,
original bill.
5. A payer shall acknowledge receipt of an electronic
medical bill by returning a Health Care Claim Acknowledgment (ASC X12 277CA)
transaction (detail acknowledgment) within two business days of receipt of the
electronic submission.
a. Notification of a rejected bill is transmitted in an ASC
X12N 277CA response or acknowledgment when an electronic medical bill does not
meet the definition of a complete electronic medical bill or does not meet the
edits defined in the applicable implementation guide.
b. A health care provider or its agent shall not submit a
duplicate electronic medical bill earlier than 60 calendar days from the date
originally submitted if a payer has acknowledged acceptance of the original
complete electronic medical bill. A health care provider or its agent may
submit a corrected medical bill electronically to the payer after receiving
notification of a rejection. The corrected medical bill is submitted as a new,
original bill.
6. Acceptance of a complete medical bill is not an
admission of liability by the payer. A payer may subsequently reject an
accepted electronic medical bill if the employer or other responsible party
named on the medical bill is not legally liable for its payment.
a. The rejection is transmitted by means of a Health Care
Claim Payment/Advice ASC X12 835 transaction.
b. The subsequent rejection of a previously accepted
electronic medical bill shall occur no later than 45 calendar days from the
date of receipt of the complete electronic medical bill.
c. The transaction to reject the previously accepted
complete medical bill shall clearly indicate that the reason for rejection is
that the payer is not legally liable for its payment.
7. Acceptance of [ an a complete
or ] incomplete medical bill does not satisfy the written notice of
injury requirement from an employee or payer as required by §§ 65.2-600
and 65.2-900 of the Code of Virginia.
[ 8. Acceptance of a complete or incomplete medical
bill by a payer does begin the time period by which a payer shall accept or
deny liability for any alleged claim related to such medical treatment pursuant
to § 65.2-605.1 of the Code of Virginia.
9. 8. ] Transmission of an
Implementation Acknowledgment under subdivision D 2 of this section and acceptance
of a complete, structurally correct file serves as proof of the received date
for an electronic medical bill in subsection C of this section.
E. Electronic
documentation.
1. Electronic documentation, including medical reports and
records submitted electronically that support an electronic medical bill, may
be required by the payer before payment may be remitted to the health care
provider in accordance with this chapter.
2. Complete electronic documentation shall be submitted by
secure fax, secure encrypted electronic mail, or in a secure electronic format
as described in 16VAC30-16-30.
3. The electronic transmittal, by secure fax, secure
encrypted electronic mail, or any other secure electronic format, shall
prominently contain the following details on its cover sheet or first page of
the transmittal:
a. The name of the injured employee;
b. Identification of the worker's employer, the employer's
insurance carrier, or the third-party administrator or its agent handling the
workers' compensation claim;
c. Identification of the health care provider billing for
services to the injured worker, and where applicable, its agent;
d. Dates of service;
e. The workers' compensation claim number assigned by the
payer if established by the payer; and
f. The unique attachment indicator number.
F. Electronic remittance advice and electronic funds
transfer.
1. An electronic remittance advice (ERA) is an explanation
of benefits (EOB) or explanation of review (EOR), submitted electronically,
regarding payment or denial of a medical bill, recoupment request, or receipt
of a refund.
2. The ERA shall contain the appropriate Claim Adjustment
Group Codes, Claim Adjustment Reason Codes, and associated Remittance Advice
Remark Codes as specified in the Code Value Usage in Health Care Claim Payments
and Subsequent Claims Technical Report Type 2 (TR2) Workers' Compensation Code
Usage Section and for pharmacy charges, the National Council for Prescription
Drugs Program (NCPDP) Reject/Payment Codes, denoting the reason for payment,
adjustment, or denial. Instructions for the use of the ERA and code sets are
found in section 7.5 of the Companion Guide.
3. The ERA shall be sent before five business days of:
a. The expected date of receipt by the health care provider
of payment from the payer, or
b. The date the bill was rejected by the payer.
4. All payments for services [ that have been
billed electronically in accordance with this chapter ] are
required to be paid via electronic funds transfer unless an alternate
[ electronic ] method is agreed upon by the payer
and health care provider.
G. Requirements for health care providers exempted from
electronic billing. Health care providers exempted from electronic medical
billing pursuant to [ subsection subdivision ]
B [ 1 ] of this section shall submit paper medical
bills for payment in the following formats as applicable:
1. On the current standard forms used by CMS, which are
available online at https://www.cms.gov/Medicare/CMS-Forms/CMS-Forms/index.html.
2. On the current NCPDP Workers' Compensation/Property and
Casualty Universal Claim Form (WC/PC UCF), which are available online at http://www.ncpdp.org/Products/Universal-Claim-Forms.
3. On the current American Dental Association Claim Form,
which is available online at https://www.ada.org/en/publications/cdt/ada-dental-claim-form.
All information submitted on required paper billing forms
under this subsection shall be legible and accurately completed.
H. Resubmissions. A health care provider or its agent
shall not submit a duplicate paper medical bill earlier than 30 business days
from the date originally submitted unless the payer has rejected the medical
bill as incomplete in accordance with 16VAC30-16-60. A health care provider or
its agent may submit a corrected paper medical bill to the payer after
receiving notification of the rejection of an incomplete medical bill. The
corrected medical bill is submitted as a new, original bill.
I. Connectivity. Unless the payer or its agent is exempted
from the electronic medical billing process in accordance with [ subsection
subdivision ] B [ 2 ] of this section, it
should attempt to establish connectivity through a trading partner agreement
with any clearinghouse that requests the exchange of data in accordance with
16VAC30-16-30.
J. Fees. No party to the electronic transactions shall
charge excessive fees of any other party in the transaction. A payer or
clearinghouse that requests another payer or clearinghouse to receive, process,
or transmit a standard transaction shall not charge fees or costs in excess of
the fees or costs for normal telecommunications that the requesting entity
incurs when it directly transmits or receives a standard transaction.
K. A health care provider agent may charge reasonable fees
related to data translation, data mapping, and similar data functions when the
health care provider is not capable of submitting a standard transaction. In
addition, a health care provider agent may charge a reasonable fee related to:
1. Transaction management of standard transactions, such as
editing, validation, transaction tracking, management reports, portal services,
and connectivity; and
2. Other value added services, such as electronic file
transfers related to medical documentation.
L. A payer or its agent shall not reject a standard
electronic transaction on the basis that it contains data elements not needed
or used by the payer or its agent or that the electronic transaction includes
data elements that exceed those required for a complete bill as enumerated in
subsection C of this section.
M. A health care provider that has not implemented a
software system capable of sending standard transactions is required to use a
secure online direct data entry system offered by a payer if the payer does not
charge a transaction fee. A health care provider using an online direct data
entry system offered by a payer or other entity shall use the appropriate data
content and data condition requirements of the standard transactions.
16VAC30-16-60. Employer, insurance carrier, managed care
organization, or agent's receipt of medical bills from health care providers.
A. Upon receipt of medical bills submitted in accordance
with 16VAC30-16-30, 16VAC30-16-40, and 16VAC30-16-50, a payer shall evaluate
each bill's conformance with the criteria of a complete electronic medical
bill.
1. A payer shall not reject medical bills that are
complete, unless the bill is a duplicate bill. [ A payer may
subsequently reject a complete medical bill or any portion thereof that is
contested or denied in accordance with the requirements of subsection B of §
65.2-605.1 of the Code of Virginia. ]
2. Within [ 21 45 ] calendar
days of receipt of an incomplete medical bill, a payer or its agent shall
either:
a. Complete the bill by adding missing health care provider
identification or demographic information already known to the payer; or
b. Reject the incomplete bill, in accordance with this
subsection [ and the requirements of subsection B of § 65.2-605.1
of the Code of Virginia ].
B. The received date of an electronic medical bill is the
date all of the contents of a complete electronic medical bill are successfully
received by the payer.
C. The payer may contact the health care provider to obtain
the information necessary to make the bill complete.
1. Any request by the payer or its agent for additional
documentation to pay a medical bill shall:
a. Be made by telephone or electronic transmission unless
the information cannot be sent by those media, in which case the sender shall
send the information by mail or personal delivery;
b. Be specific to the bill or the bill's related episode of
care;
c. Describe with specificity the clinical and other
information to be included in the response;
d. Be relevant and necessary for the resolution of the
bill;
e. Be for information that is contained in or is in the
process of being incorporated into the injured employee's medical or billing
record maintained by the health care provider; and
f. Indicate the specific reason for which the insurance
carrier is requesting the information.
2. If the payer or its agent obtains the missing
information and completes the bill to the point that it can be adjudicated for
payment, the payer shall document the name and telephone number of the person
who supplied the information.
3. Health care providers and payers, or their agents, shall
maintain documentation of any pertinent internal or external communications
that are necessary to make the medical bill complete.
D. A payer shall not reject or deny a medical bill except
as provided in subsection A of this section. When rejecting or denying an
electronic medical bill, the payer shall clearly identify the reasons for the
bill's rejection or denial by utilizing the appropriate codes in the standard
transactions found in 16VAC30-16-50 D 3 b [ and shall comply with
all requirements of subsection B of § 65.2-605.1 of the Code of Virginia ].
E. The rejection of an incomplete medical bill in
accordance with this section fulfills the obligation of the payer to provide to
the health care provider or its agent information related to the incompleteness
of the bill.
F. Payers shall timely reject incomplete bills or request
additional information needed to reasonably determine the amount payable.
1. For bills submitted electronically, the rejection of the
entire bill or the rejection of specific service lines included in the initial
bill shall be sent to the submitter [ within two business days
of receipt as soon as practicable but not more than 45 calendar days
after receipt ].
2. If bills are submitted in a batch transmission, only the
specific bills failing edits shall be rejected.
3. If there is a technical defect within the transmission
itself that prevents the bills from being accessed or processed, the
transmission will be rejected with an Interchange Acknowledgment (ASC X12 TA1)
transaction or an Implementation Acknowledgment (ASC X12 999) transaction, as
appropriate.
G. If a payer has reason to challenge the coverage or
amount of a specific line item on a bill but has no reasonable basis for
objections to the remainder of the bill, the uncontested portion shall be paid
timely, as described in subsection H of this section.
H. Payment of all uncontested portions of a complete
medical bill shall be made within 60 calendar days of receipt of the original
bill or receipt of additional information requested by the payer allowed under
the law. Amounts paid after this 60-calendar-day review period will
accrue interest at the judgment rate of interest as provided in § 6.2-302 of
the Code of Virginia. The interest payment shall be made at the same time.
[ I. A payer shall not reject or deny a medical
bill except as provided in subsection A of this section. When rejecting or
denying a medical bill, the payer shall also communicate to the health care
provider the reasons for the medical bill's rejection or denial. ]
16VAC30-16-70. Communication between health care providers
and payers.
A. Any communication between the health care provider and
the payer related to medical bill processing shall be of sufficient specific
detail to allow the responder to easily identify the information required to
resolve the issue or question related to the medical bill. Generic statements
that simply state a conclusion such as "payer improperly reduced the
bill" or "health care provider did not document" or other
similar phrases with no further description of the factual basis for the
sender's position do not satisfy the requirements of this section.
B. The payer's utilization of the Claim Adjustment Group
Codes, Claim Adjustment Reason Codes, or the Remittance Advice Remark Codes, or
as appropriate, the National Council for Prescription Drugs Program
Reject/Payment Codes, when communicating with the health care provider or its
agent or assignee, through the use of the Health Care Claim Payment/Advice ASC
X12 835 transaction, provides a standard mechanism to communicate issues
associated with the medical bill.
C. Communication between the health care provider and payer
related to medical bill processing shall be made by telephone or electronic
transmission unless the information cannot be sent by those media, in which
case the sender shall send the information by mail or personal delivery.
16VAC30-16-80. Medical documentation necessary for billing
adjudication.
A. Medical documentation includes all medical reports and
records permitted or required in accordance with Rule 4.2 of the Rules of the
Virginia Workers' Compensation Commission, subdivision 2 of 16VAC30-50-50.
B. Any request by the payer for additional documentation
to process a medical bill shall conform to the requirements of 16VAC30-16-60 C.
C. It is the obligation of an insurer or employer to
furnish its agents with any documentation necessary for the resolution of a
medical bill.
D. Health care providers, health care facilities,
third-party biller, third-party assignees, and claims administrators and their
agents shall comply with all applicable federal and jurisdictional rules
related to privacy, confidentiality, and security.
DOCUMENTS INCORPORATED BY REFERENCE (16VAC30-16)
Electronic
Billing and Payment Companion Guide, Virginia Workers' Compensation Commission
Release 1.0, 12/2018
VA.R. Doc. No. R16-4654; Filed December 20, 2018, 7:30 a.m.