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HIPAA could impact state 'prompt pay' laws: 'clean claim' redefined?(Practice Trends)

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| November 01, 2003 | Frieden, Joyce | COPYRIGHT 2003 International Medical News Group. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

WASHINGTON -- State "prompt pay" laws could be affected by the "transaction and code set" provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) that went into effect last month, Ann Leopold Kaplan said at a forum sponsored by the American Health Lawyers Association

Prompt pay laws require insurers to promptly pay providers who have submitted "clean claims," said Ms. Kaplan, a lawyer who specializes in health care policy. The question is, "Does a [HIPAA] compliant transaction equal a clean claim?"

HIPAA sets out specific instructions about how a claim must be formatted and what fields it must contain in order to be accepted by an insurance company, Ms Kaplan explained. The transaction and code set rule still allows for optional fields and for decisions about what optional fields and attachments are needed. But if meeting a state's clean claim requirement would result in a violation of HIPAA, then that state law is going to be preempted.

Idaho is the only state that has not enacted any prompt pay laws, said Keith Halleland, a Minneapolis health care lawyer. "As a result of these laws, there are some pretty strict restrictions on how long an insurer has [to pay] a claim."

Generally speaking, all the laws require insurers to pay providers within a specified period of time--usually from 15 to 45 days--for any clean claim. If insurers don't pay within the time period, they must then add interest to the amount they owe; annual ...

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Source: HighBeam Research, HIPAA could impact state 'prompt pay' laws: 'clean claim'...

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