Legislature(2001 - 2002)

04/09/2001 01:39 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 113                                                                                                            
                                                                                                                                
     An Act relating to health care insurance payments for                                                                      
     hospital or medical services; and providing for an                                                                         
     effective date.                                                                                                            
                                                                                                                                
REPRESENTATIVE  JOE GREEN testified  that HB 113  would build                                                                   
upon  a national  trend to  develop  fair payment  provisions                                                                   
that would  enable health insurance  companies to  make sound                                                                   
business  decisions  while  ensuring  that  patients  receive                                                                   
benefit payments  in an appropriate time frame.   The concept                                                                   
of "prompt  pay"  legislation has  been successfully  adopted                                                                   
and implemented by 39 states.                                                                                                   
                                                                                                                                
HB  113  requires  health insurers  to  pay  benefits  within                                                                   
thirty  calendar days  of receiving  a "clean  claim".   If a                                                                   
payment is  not made  on time, the  insurer would  be charged                                                                   
interest  on  the  outstanding  claim.   HB  113  would  also                                                                   
establish a definition  for "clean claim" that  recognizes an                                                                   
insurance  company's need  to  make payment  decisions  based                                                                   
upon complete and accurate information.                                                                                         
                                                                                                                                
Vice-Chair Bunde  noted that since the  legislation indicates                                                                   
that  interest  would  be paid  for  delayed  payments,  that                                                                   
concept  indicates that  currently,  the insurance  companies                                                                   
are making money on those payments  delayed past thirty days.                                                                   
He asked if it was known what that amount was nationally.                                                                       
                                                                                                                                
Representative  Green explained that  there is a  presumption                                                                   
by the insurance  companies that if they delay  payment, they                                                                   
then have use of that money.                                                                                                    
                                                                                                                                
Representative  Croft  asked about  the  definition of  clean                                                                   
claim.  He asked if it had been "tested" in other states.                                                                       
                                                                                                                                
KEVIN  JARDELL, STAFF,  REPRESENTATIVE  JOE GREEN,  responded                                                                   
that the  definition of "clean  claim" has been  addressed by                                                                   
many states  and is  difficult to formulate.   He  noted that                                                                   
the definition  chosen, benefits  insurance companies  and is                                                                   
broadly  written.   Physicians  requested  that  "hard"  date                                                                   
lines be  established.   Clean claim  terminology comes  from                                                                   
the Medicare definition.                                                                                                        
                                                                                                                                
Representative  Croft asked an  alternative definition.   Mr.                                                                   
Jardell replied  that the American Medical  Association (AMA)                                                                   
is agreeable with the proposed  definition.  He stressed that                                                                   
the intent  was not to undermine  the viability  of insurance                                                                   
companies in Alaska.                                                                                                            
                                                                                                                                
Representative  Croft  asked where  the  procedures would  be                                                                   
outlined regarding  whether the  insurance companies  owe the                                                                   
claim or  not.  Mr. Jardell  replied that the  claimant would                                                                   
go through the Insurance Division  by filing a complaint.  It                                                                   
is  the intent  that  the  legislation would  make  insurance                                                                   
companies develop more efficient methods of paying claims.                                                                      
                                                                                                                                
Representative  Davies referenced  Page 4,  and asked  if the                                                                   
qualifier that precludes timely  payments on the claim, apply                                                                   
into  propriety  as  well  as  circumstances.    Mr.  Jardell                                                                   
understood that it would not apply  to language that resulted                                                                   
from a  technical or grammatical  error.  If  the information                                                                   
needed had been included on the  claim, then that claim would                                                                   
be a clean claim.  Representative  Green advised that most of                                                                   
the larger  insurance  companies insure  more than one  state                                                                   
and that  this language was used  by a significant  number of                                                                   
states.  He stated that it was reasonable.                                                                                      
                                                                                                                                
Representative  Hudson asked  if the  "clean claim"  would be                                                                   
impacted by Medicare's delay response.   Representative Green                                                                   
replied that the legislation would  apply between the insured                                                                   
and the insurance company.                                                                                                      
                                                                                                                                
JAMES  JORDAN,  (TESTIFIED  VIA   TELECONFERENCE),  EXECUTIVE                                                                   
DIRECTOR,  ALASKA   STATE  MEDICAL  ASSOCIATION,   ANCHORAGE,                                                                   
testified  that the  Alaska  State Medical  Association  does                                                                   
support  the proposed  legislation.   He  stated that  "clean                                                                   
claim"  definition   included  in   the  bill  is   based  on                                                                   
Medicare's  definition.   Currently,  there  are  regulations                                                                   
being  adopted on  the  federal level,  which  deal with  the                                                                   
confidentiality  of medical records  and information  for the                                                                   
payment of health  insurance claims.  In enacting  that bill,                                                                   
Mr.  Jordan  stated that  there  would  be an  activation  of                                                                   
regulations.   It is anticipated  that the State  Division of                                                                   
Insurance will adopt regulations  defining what a clean claim                                                                   
is.                                                                                                                             
                                                                                                                                
Representative  Davies asked how  to read Subsection  K, Page                                                                   
4, the qualifier of timely payments.   He asked if that would                                                                   
be  in  reference  to all  three  clauses,  the  defect,  the                                                                   
impropriety and  the circumstance.   Mr. Jordan  replied that                                                                   
it would.                                                                                                                       
                                                                                                                                
Representative Hudson MOVED to  report CS HB 113 (HES) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal note.  Representative  Harris OBJECTED in                                                                   
order  to ask  about all  the fiscal  notes.   Representative                                                                   
Green stated that they were all  zero.  Representative Harris                                                                   
WITHDREW his OBJECTION.                                                                                                         
                                                                                                                                
There being NO further OBJECTION, it was so ordered.                                                                            
                                                                                                                                
CS HB  113 (HES)  was reported  out of  Committee with  a "do                                                                   
pass"  recommendations   and  with   zero  fiscal   notes  by                                                                   
Department of  Administration and  Department of  Community &                                                                   
Economic Development dated 3/07/01.                                                                                             
                                                                                                                                

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