| (a) Applicability. (1) This section applies to the exchange of electronic medical bill data in accordance with §133.500 of this title (relating to Electronic Formats for Electronic Medical Bill Processing) for professional, institutional/hospital, pharmacy, and dental services. This section applies to all electronic medical bill processing, including transactions for medical services rendered under the provisions of Insurance Code Chapter 1305 or rendered to political subdivisions with contractual relationships under Labor Code §504.053(b)(2). (2) Insurance carriers shall accept electronic medical bills from health care providers transmitted in accordance with §133.500 of this title unless the insurance carrier is exempt from the process in accordance with subsection (b) of this section. (3) Health care providers shall submit electronic medical bills to insurance carriers in accordance with §133.500 of this title unless the health care provider or the billed insurance carrier is exempt from the process in accordance with subsection (b) of this section. (b) Exemptions. (1) A health care provider is exempt from the requirement to submit medical bills electronically to an insurance carrier if: (A) the health care provider employs fewer than 10 full time employees; (B) the health care provider provided services to 32 or fewer injured employees during the preceding calendar year; or (C) the health care provider can sufficiently demonstrate electronic medical bill implementation will create an unreasonable financial hardship and can provide supporting documentation such as financial statements and other documentation which reflect the cost of implementation. (2) A health care provider who asserts an exemption under this section must provide all supporting documentation to the division within 15 days of a division request for documentation. (3) An insurance carrier is exempt from the requirement to receive medical bills electronically from health care providers if: (A) the insurance carrier is placed in receivership; (B) the insurance carrier was issued an initial license to write workers' compensation insurance by the Texas Department of Insurance during the current or preceding calendar year; (C) the insurance carrier had less than 32 workers' compensation claims for which income or medical benefits were paid during the preceding calendar year; (D) the insurance carrier no longer writes workers' compensation insurance in Texas and is only handling runoff claims; (E) the insurance carrier was a certified self-insured employer under Labor Code, Chapter 407, or a self-insured group under Labor Code, Chapter 407A, which has withdrawn from the certified self-insurance program or group self-insurance; or (F) the insurance carrier submits a request to the division with supporting documentation such as financial statements and other documents which reflect cost of implementation and sufficiently demonstrates that electronic medical bill implementation will create an unreasonable financial hardship and the Commissioner approves the request. (4) An insurance carrier who asserts an exemption under this subsection must provide all supporting documentation to the division within 15 days of a division request for documentation. (5) Insurance carriers shall submit notification to the division prior to the beginning of each calendar year for which they will assert an exemption to the electronic medical bill processing requirements. The required notification must include: (A) federal tax identification number of the insurance carrier; (B) contact information, including but not limited to the name, physical address, and telephone number; and (C) a description regarding facts related to the exemption under paragraph (3) of this subsection asserted by the insurance carrier. (c) Agents. Health care providers and insurance carriers may contract with other entities for electronic medical bill processing. Insurance carriers and health care providers are responsible for the acts or omissions of their agents executed in the performance of services for the insurance carrier or health care provider. (d) Electronic medical bill. (1) An electronic medical bill is a medical bill submitted electronically by a health care provider or its agent. (2) An insurance carrier shall take final action not later than the 45th day after the date the insurance carrier received a complete electronic medical bill. (e) Acknowledgment. (1) An insurance carrier must acknowledge receipt of an electronic medical bill by returning an acknowledgment within two working days of receipt of the electronic submission. The time frame for returning an incomplete medical bill contained in §133.200 of this title (relating to Insurance Carrier Receipt of Medical Bills from Health Care Providers) does not apply to an electronic medical bill. (A) Notification of a rejection is transmitted in an 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 standard. (B) A health care provider may not submit a duplicate electronic medical bill earlier than 45 days from the date submitted if an insurance carrier acknowledged receipt of the original complete electronic medical bill. A health care provider may submit a corrected medical bill electronically to the insurance carrier after receiving notification of a rejection. The corrected medical bill is submitted as a new, original bill. (2) Acknowledgment of a medical bill is not an admission of liability by the insurance carrier. The insurance carrier may subsequently deny a medical bill for liability or other issues within the 45-day medical bill processing timeframe contained in Labor Code §408.027. (f) Electronic remittance notification. (1) An electronic remittance notification is an explanation of benefits (EOB), submitted electronically regarding payment or denial of a medical bill, recoupment request, or receipt of a refund. (2) An insurance carrier must provide an electronic remittance notification no later than 45 days after receipt of a complete electronic medical bill or within 5 days of generating a payment. This requirement applies only to the date the electronic remittance is sent and does not modify the medical bill processing timeframes contained in Labor Code §408.027. (g) Electronic documentation. Electronic documentation consists of medical documentation submitted electronically that is related to an electronic medical bill. (h) This section is effective August 1, 2011. |
