Kentucky Statutes 304.17A-708 – Resolution of payment errors — Retroactive denial of claims — Conditions
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(1) An insurer shall not require a provider to appeal errors in payment where the insurer has not paid the claim according to the contracted rate. Miscalculations in payments made by the insurer shall be corrected and paid within thirty (30) calendar days upon the insurer’s receipt of documentation from the provider verifying the error.
(2) An insurer shall not be required to correct a payment error to a provider if the provider’s request for a payment correction is filed more than twenty-four (24) months after the date that the provider received payment for the claim from the insurer.
(3) (a) Except in cases of fraud, an insurer may only retroactively deny reimbursement to a provider during the twenty-four (24) month period after the date that the insurer paid the claim submitted by the provider.
(b) An insurer that retroactively denies reimbursement to a provider under this section shall give the provider a written or electronic statement specifying the basis for the retroactive denial.
(c) If the retroactive denial of reimbursement results from coordination of benefits, the written statement shall specify the name and address of the entity acknowledging responsibility for payment of the denied claim.
(d) If an insurer retroactively denies reimbursement for services as a result of coordination of benefits with another insurer, the provider shall have twelve (12) months from the date that the provider received notice of the denial, unless the insurer that retroactively denied reimbursement permits a longer period, to submit a claim for reimbursement for the service to the insurer, the medical assistance program, or the Medicare program responsible for payment.
Effective: July 14, 2000
History: Created 2000 Ky. Acts ch. 436, sec. 5, effective July 14, 2000.
(2) An insurer shall not be required to correct a payment error to a provider if the provider’s request for a payment correction is filed more than twenty-four (24) months after the date that the provider received payment for the claim from the insurer.
Terms Used In Kentucky Statutes 304.17A-708
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Fraud: Intentional deception resulting in injury to another.
- Insurer: means any insurance company. See Kentucky Statutes 304.17A-005
- Month: means calendar month. See Kentucky Statutes 446.010
- provider: means any:
(a) Advanced practice registered nurse licensed under KRS Chapter 314. See Kentucky Statutes 304.17A-005
(3) (a) Except in cases of fraud, an insurer may only retroactively deny reimbursement to a provider during the twenty-four (24) month period after the date that the insurer paid the claim submitted by the provider.
(b) An insurer that retroactively denies reimbursement to a provider under this section shall give the provider a written or electronic statement specifying the basis for the retroactive denial.
(c) If the retroactive denial of reimbursement results from coordination of benefits, the written statement shall specify the name and address of the entity acknowledging responsibility for payment of the denied claim.
(d) If an insurer retroactively denies reimbursement for services as a result of coordination of benefits with another insurer, the provider shall have twelve (12) months from the date that the provider received notice of the denial, unless the insurer that retroactively denied reimbursement permits a longer period, to submit a claim for reimbursement for the service to the insurer, the medical assistance program, or the Medicare program responsible for payment.
Effective: July 14, 2000
History: Created 2000 Ky. Acts ch. 436, sec. 5, effective July 14, 2000.