Page 1 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2010 ENROLLED SENATE BILL NO. 710 BY SENATOR CHEEK AN ACT1 To enact R.S. 22:1874(A)(5), relative to billing by contracted health care providers; to2 provide with respect to the payment to any new provider to the contracted network3 of providers; and to provide for related matters.4 Be it enacted by the Legislature of Louisiana:5 Section 1. R.S. 22:1874(A)(5) is hereby enacted to read as follows: 6 ยง1874. Billing by contracted health care providers7 A. * * *8 (5)(a) Under certain circumstances and when the provisions of9 Subparagraph (b) of this Paragraph are met, a health insurance issuer10 contracting with a group of physicians that bills a health insurance issuer11 utilizing a group identification number, such as the group federal tax12 identification number or the group National Provider Identifier as set forth in13 45 CFR162.402 et seq., shall pay the contracted reimbursement rate of the14 physician group for covered health care services rendered by a new physician15 to the group, without health care provider credentialing as described in R.S.16 22:1009. This provision shall apply in either of the following circumstances:17 (i) When the new physician has already been credentialed by the health18 insurance issuer and the physician's credentialing is still active with the issuer.19 (ii) When the health insurance issuer has received the required20 credentialing application and information, including proof of active hospital21 ACT No. 897 SB NO. 710 ENROLLED Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. privileges, from the new physician and the issuer has not notified the physician1 group that credentialing of the new physician has been denied.2 (b) A health insurance issuer shall comply with the provisions of3 Subparagraph (a) of this Paragraph no later than thirty days after receipt of a4 written request from the physician group. The written request shall include a5 statement that the physician group agrees that all contract provisions, including6 the provision holding covered persons harmless for charges beyond7 reimbursement by the issuer and deductible, coinsurance and copayments,8 apply to the new physician. Such compliance shall apply to any claims for9 covered services rendered by the new physician to covered persons on dates of10 service no earlier than the date of the written request from the physician group.11 (c) Compliance by a health insurance issuer with the provisions of12 Subparagraph (a) of this Paragraph shall not be construed to mean that a13 physician has been credentialed by an issuer or that the issuer is required to list14 the physician in a directory of contracted physicians.15 (d) If, upon compliance with Subparagraph (a) of this Paragraph, a16 health insurance issuer completes the credentialing process on the new17 physician and determines that the physician does not meet the issuer's18 credentialing requirements, the following actions shall be permitted:19 (i) The health insurance issuer may recover from the physician or the20 physician group an amount equal to the difference between appropriate21 payments for in-network benefits and out-of-network benefits provided that the22 health insurance issuer has notified the applicant physician of the adverse23 determination and provided that the health insurance issuer has initiated action24 regarding such recovery within thirty days of the adverse determination.25 (ii) The physician or the physician group may retain any deductible,26 coinsurance or copayment collected or in the process of being collected as of the27 date of receipt of the issuer's determination, so long as the amount is not in28 excess of the amount owed by the insured or enrollee for out-of-network29 services.30 SB NO. 710 ENROLLED Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. * * *1 Section 2. This Act shall become effective on January 1, 2011.2 PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: