HLS 13RS-1018 ORIGINAL Page 1 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2013 HOUSE BILL NO. 392 BY REPRESENTATIVES STUART BISHOP AND ANDERS Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. MEDICAID: Provides relative to credentialing and claims payment functions of managed care organizations participating in the La. Medicaid coordinated care network program AN ACT1 To enact Part XI of Chapter 3 of Title 46 of the Louisiana Revised Statutes of 1950, to be2 comprised of R.S. 46:460.41 through 460.62, relative to the medical assistance3 program; to provide for managed care organizations which provide health care4 services to medical assistance program enrollees; to provide for standardized5 credentialing of providers; to provide for standardized information to be provided6 with claims payment; to provide for payment for services rendered to newborns; and7 to provide for related matters.8 Be it enacted by the Legislature of Louisiana:9 Section 1. Part XI of Chapter 3 of Title 46 of the Louisiana Revised Statutes of 1950,10 comprised of R.S. 46:460.41 through 460.62, is hereby enacted to read as follows: 11 PART XI. MEDICAID MANAGED CARE ADMINISTRATIVE SIMPLIFICATION12 SUBPART A. DEFINITIONS13 §460.41. Definitions14 As used in this Part, the following terms shall have the meaning ascribed to15 them in this Section unless the context clearly indicates otherwise:16 (1) "Applicant" means a health care provider seeking to be approved or17 credentialed by a managed care organization to provide health care services to18 Medicaid enrollees.19 HLS 13RS-1018 ORIGINAL HB NO. 392 Page 2 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (2) "Credentialing" or "recredentialing" means the process of assessing and1 validating the qualifications of health care providers applying to be approved by a2 managed care organization to provide health care services to Medicaid enrollees.3 (3) "Department" means the Department of Health and Hospitals.4 (4) "Enrollee" means a person who is enrolled in the Medicaid program.5 (5) "Health care provider" or "provider" means a physician licensed to6 practice medicine by the Louisiana State Board of Medical Examiners or other7 individual health care practitioner licensed, certified, or registered to perform8 specified health care services consistent with state law.9 (6) "Health care services" or "services" means services, items, supplies, or10 drugs for the diagnosis, prevention, treatment, cure, or relief of a health condition,11 illness, injury, or disease.12 (7) "Managed care organization" shall have the same meaning as provided13 for that term in 42 CFR 438.2 and shall also mean any entity providing primary care14 case management services to Medicaid recipients pursuant to a contract with the15 department.16 (8) "Medicaid" and "medical assistance program" mean the medical17 assistance program provided for in Title XIX of the Social Security Act.18 (9) "Primary care case management" means a system under which an entity19 contracts with the state to furnish case management services which include but are20 not limited to the location, coordination, and monitoring of primary health care21 services to Medicaid enrollees.22 (10) "Secretary" means the secretary of the Department of Health and23 Hospitals.24 (11) "Standardized information" means customary universal data concerning25 an applicant's identity, education, and professional experience relative to a managed26 care organization's credentialing process including but not limited to name, address,27 telephone number, date of birth, social security number, educational background,28 state licensing board number, residency program, internship, specialty, subspecialty,29 HLS 13RS-1018 ORIGINAL HB NO. 392 Page 3 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. fellowship, or certification by a regional or national health care or medical specialty1 college, association, or society, prior and current place of employment, an adverse2 medical review panel opinion, a pending professional liability lawsuit, final3 disposition of a professional liability settlement or judgment, and information4 mandated by health insurance issuer accrediting organizations.5 (12) "Verification" or "verification supporting statement" means6 documentation confirming the information submitted by an applicant for a7 credentialing application from a specifically named entity or a regional, national, or8 general data depository providing primary source verification including but not9 limited to a college, university, medical school, teaching hospital, health care facility10 or institution, state licensing board, federal agency or department, professional11 liability insurer, or the National Practitioner Data Bank.12 SUBPART B. PROVIDER CREDENTIALING13 §460.51. Provider credentialing14 A.(1) Each managed care organization which requires a health care provider15 to be credentialed, recredentialed, or approved prior to rendering health care services16 to a Medicaid enrollee shall complete a credentialing process within ninety days17 from the date on which the organization has received all of the information needed18 for credentialing, including the health care provider's correctly completed application19 and attestations and all verifications or verification supporting statements required20 by the organization to comply with accreditation requirements and generally21 accepted industry practices and provisions to obtain reasonable applicant-specific22 information relative to the particular or precise services proposed to be rendered by23 the applicant.24 (2)(a) Within thirty days of the date of receipt of an application, a managed25 care organization shall inform the applicant of all defects and reasons known at the26 time by the organization in the event a submitted application is deemed to be not27 correctly completed.28 HLS 13RS-1018 ORIGINAL HB NO. 392 Page 4 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (b) A managed care organization shall inform the applicant in the event that1 any needed verification or a verification supporting statement has not been received2 within sixty days of the date of the managed care organization's request.3 (3) In order to establish uniformity in the submission of an applicant's4 standardized information to each managed care organization for which he may seek5 to provide health care services, until submission of an applicant's standardized6 information in a hard-copy, paper format is superseded by a provider's required7 submission and a managed care organization's required acceptance by electronic8 submission, an applicant shall utilize and a managed care organization shall accept9 either of the following at the sole discretion of the managed care organization:10 (a) The current version of the Louisiana Standardized Credentialing11 Application Form, or its successor, as promulgated by the Department of Insurance.12 (b) The current format utilized by the Council for Affordable Quality13 Healthcare, or its successor.14 C. Nothing in this Section shall be construed to require a managed care15 organization credentialing or approval in determining inclusion or participation in16 the organization's contracted network.17 §460.52. Interim credentialing requirements18 A. Under certain circumstances and contingent upon the provisions of this19 Subsection being met, a managed care organization contracting with a group of20 physicians that bills a managed care organization utilizing a group identification21 number, such as the group federal tax identification number or the group National22 Provider Identifier as set forth in 45 CFR 162.402 et seq., shall pay the contracted23 reimbursement rate of the physician group for covered health care services rendered24 by a new physician to the group, without health care provider credentialing as25 described in this Subpart. This provision shall apply in each of the following26 circumstances:27 HLS 13RS-1018 ORIGINAL HB NO. 392 Page 5 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (1) When the new physician has already been credentialed by the managed1 care organization and the physician's credentialing is still active with the managed2 care organization.3 (2) When the managed care organization has received the required4 credentialing application and information, including proof of active hospital5 privileges, from the new physician and the managed care organization has not6 notified the physician group that credentialing of the new physician has been denied.7 B. A managed care organization shall comply with the provisions of8 Subsection A of this Section no later than thirty days after receipt of a written request9 from the physician group.10 C. Compliance by a managed care organization with the provisions of11 Subsection A of this Section shall not be construed to mean that a physician has been12 credentialed by the managed care organization or that the managed care organization13 is required to list the physician in a directory of contracted physicians.14 D. If, after compliance with Subsection A of this Section, a managed care15 organization completes the credentialing process for the new physician and16 determines that the physician does not meet the managed care organization's17 credentialing requirements, then the managed care organization may recover from18 the physician or the physician group an amount equal to the difference between19 appropriate payments for in-network benefits and out-of-network benefits, provided20 that the managed care organization has notified the applicant physician of the21 adverse determination and further provided that the prepaid entity has initiated action22 regarding such recovery within thirty days of the adverse determination.23 SUBPART C. CLAIM PAYMENT24 §460.61. Claim payment information25 A. Any claim payment to a provider by a managed care organization, or by26 a fiscal agent or intermediary of the managed care organization, shall be27 accompanied by an itemized accounting of the individual services represented on the28 HLS 13RS-1018 ORIGINAL HB NO. 392 Page 6 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. claim which are included in the payment. This itemization shall include, but shall1 not be limited to, all of the following items:2 (1) The patient or enrollee's name.3 (2) The Medicaid health insurance claim number.4 (3) The date of each service.5 (4) The patient account number assigned by the provider.6 (5) The Current Procedural Terminology code for each procedure,7 hereinafter referred to as "CPT code", including the amount allowed and any8 modifiers and units.9 (6) The amount due from the patient which includes but is not limited to10 copayments and coinsurance or deductibles.11 (7) The payment amount of reimbursement.12 (8) Identification of the plan on whose behalf the payment is made.13 B. If a managed care organization is a secondary payer, then the organization14 shall send, in addition to all information required by Subsection A of this Section,15 acknowledgment of payment as a secondary payer, the primary payer's coordination16 of benefits information, and the third-party liability carrier code.17 C.(1) If the claim for payment is denied in whole or in part by the managed18 care organization, or by a fiscal agent or intermediary of the organization, and the19 denial is remitted in the standard paper format, then the organization shall, in20 addition to providing all information required by Subsection A of this Section,21 include a claim denial reason code specific to each CPT code listed which matches22 or is equivalent to a code used by the state or its fiscal intermediary in the23 fee-for-service Medicaid program.24 (2) If the claim for payment is denied in whole or in part by the managed25 care organization, or by a fiscal agent or intermediary of the plan, and the denial is26 remitted electronically, then the organization shall, in addition to providing all27 information required by Subsection A of this Section, include an ANSI compliant28 reason and remark code and shall make available to the provider of the service a29 HLS 13RS-1018 ORIGINAL HB NO. 392 Page 7 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. complimentary standard paper format remittance advice which contains a claim1 denial reason code specific to each CPT code listed which matches or is equivalent2 to a code used by the state or its fiscal intermediary in the fee-for-service Medicaid3 program.4 D. Each CPT code listed on the approved Medicaid fee-for-service fee5 schedule shall be considered payable by each Medicaid managed care organization6 or a fiscal agent or intermediary of the organization.7 §460.62. Claims payment for care rendered to newborns8 Each managed care organization shall compensate, at a minimum, the9 Medicaid fee-for-service rate in effect on the dates of service for all care rendered10 to a newborn Medicaid beneficiary by a nonparticipating Medicaid provider within11 the first thirty days of the beneficiary's birth.12 Section 2. This Act shall become effective upon signature by the governor or, if not13 signed by the governor, upon expiration of the time for bills to become law without signature14 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If15 vetoed by the governor and subsequently approved by the legislature, this Act shall become16 effective on the day following such approval.17 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Stuart Bishop HB No. 392 Abstract: Provides relative to credentialing and claims payment functions of managed care organizations participating in the La. Medicaid coordinated care network program. Provisions relative to credentialing: Proposed law provides that each managed care organization which requires a health care provider to be credentialed, recredentialed, or approved prior to rendering health care services to a Medicaid enrollee shall complete a credentialing process within 90 days from the date on which the organization received all of the information needed for credentialing. Proposed law provides that within 30 days of the date of receipt of an application, a managed care organization shall inform the applicant of all defects and reasons known at the time by the organization in the event a submitted application is deemed to be not correctly completed. HLS 13RS-1018 ORIGINAL HB NO. 392 Page 8 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law requires that managed care organizations inform an applicant in the event that any needed verification or a verification supporting statement has not been received within 60 days of the date of the organization's request. Proposed law provides that until submission of an applicant's standardized information in a hard-copy (paper) format is superseded by a provider's required submission and a managed care organization's required acceptance by electronic submission, an applicant shall utilize and a managed care organization shall accept either of the following at the sole discretion of the organization: (1)The current version of the Louisiana Standardized Credentialing Application Form, or its successor, as promulgated by the Department of Insurance. (2)The current format utilized by the Council for Affordable Quality Healthcare, or its successor. Proposed law provides that nothing in proposed law shall be construed to require a managed care organization credentialing or approval in determining inclusion or participation in the organization's contracted network. Proposed law provides that a managed care organization contracting with a group of physicians that bills a managed care organization utilizing a group identification number shall pay the contracted reimbursement rate of the physician group for covered health care services rendered by a new physician to the group, without health care provider credentialing as described in proposed law. Provides that such requirement shall apply in each of the following circumstances: (1)When the new physician has already been credentialed by the managed care organization and the physician's credentialing is still active with the organization. (2)When the managed care organization has received the required credentialing application and information, including proof of active hospital privileges, from the new physician and the managed care organization has not notified the physician group that credentialing of the new physician has been denied. Proposed law provides that a managed care organization shall pay the contracted reimbursement rate of the physician group for covered health care services rendered by a new physician to the group no later than 30 days after receipt of a written request from the physician group. Provides that compliance by a managed care organization with these provisions of proposed law shall not be construed to mean that a physician has been credentialed by the organization or that the organization is required to list the physician in a directory of contracted physicians. Proposed law provides that if a managed care organization completes the credentialing process for a physician new to a physician group and determines that the physician does not meet the organization's credentialing requirements, then the organization may recover from the physician or the physician group an amount equal to the difference between appropriate payments for in-network benefits and out-of-network benefits, provided that the organization has notified the applicant physician of the adverse determination and further provided that the prepaid entity has initiated action regarding such recovery within 30 days of the adverse determination. Provisions relative to claim payment: Proposed law requires any claim payment to a provider by a managed care organization, or by a fiscal agent or intermediary of the managed care organization, be accompanied by an itemized accounting of the individual services represented on the claim which are included HLS 13RS-1018 ORIGINAL HB NO. 392 Page 9 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. in the payment. Provides that this itemization shall include but not be limited to the following: (1)The patient or enrollee's name. (2)The Medicaid health insurance claim number. (3)The date of each service. (4)The patient account number assigned by the provider. (5)The Current Procedural Terminology code (CPT code) for each procedure, including the amount allowed and any modifiers and units. (6)The amount due from the patient which includes but is not limited to copayments and coinsurance or deductibles. (7)The payment amount of reimbursement. (8)Identification of the plan on whose behalf the payment is made. In cases when a managed care organization is a secondary payer, proposed law requires the organization to send, in addition to all other information required by proposed law, acknowledgment of payment as a secondary payer, the primary payer's coordination of benefits information, and the third-party liability carrier code. Proposed law provides the following requirements for cases in which a claim for payment is denied in whole or in part by the managed care organization, or by a fiscal agent or intermediary of the organization: (1)If the denial is remitted in the standard paper format, then the organization shall, in addition to providing all other information required by proposed law, include a claim denial reason code specific to each CPT code listed which matches or is equivalent to a code used by the state or its fiscal intermediary in the fee-for-service Medicaid program. (2)If the denial is remitted electronically, then the organization shall, in addition to providing all other information required by proposed law, include an ANSI compliant reason and remark code and shall make available to the provider of the service a complimentary standard paper format remittance advice which contains a claim denial reason code specific to each CPT code listed which matches or is equivalent to a code used by the state or its fiscal intermediary in the fee-for-service Medicaid program. Proposed law requires each CPT code listed on the approved Medicaid fee-for-service fee schedule to be considered payable by each Medicaid managed care organization or a fiscal agent or intermediary of the organization. Proposed law requires each managed care organization to compensate, at a minimum, the Medicaid fee-for-service rate in effect on the dates of service for all care rendered to a newborn Medicaid beneficiary by a nonparticipating Medicaid provider within the first 30 days of the beneficiary's birth. Effective date: Effective upon signature of governor or lapse of time for gubernatorial action. (Adds R.S. 46:460.41-460.62)