LD 897
pg. 5
Page 4 of 5 PUBLIC Law Chapter 218 LD 897 Title Page
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LR 1576
Item 1

 
retrospective denial of a previously paid claim or any part of that
previously paid claim unless:

 
A.__The carrier has provided the reason for the
retrospective denial in writing to the provider; and

 
B.__The time that has elapsed since the date of payment of
the previously paid claim does not exceed 18 months.__The
retrospective denial of a previously paid claim may be
permitted beyond 18 months from the date of payment only for
the following reasons:

 
(1)__The claim was submitted fraudulently;

 
(2)__The claim payment was incorrect because the
provider or the insured was already paid for the health
care services identified in the claim;

 
(3)__The health care services identified in the claim
were not delivered by the provider;

 
(4)__The claim payment was for services covered by
Title XVIII, Title XIX or Title XXI of the Social
Security Act;

 
(5)__The claim payment is the subject of adjustment
with another insurer, administrator or payor; or

 
(6)__The claim payment is the subject of legal action.

 
For purposes of this subsection, "retrospective denial of a previously
paid claim" means any attempt by a carrier to retroactively collect
payments already made to a provider with respect to a claim by requiring
repayment of such payments, reducing other payments currently owed to the
provider, withholding or setting off against future payments or reducing
or affecting the future claim payments to the provider in any other
manner.__The provider has 6 months from the date of notification under
this subsection to determine whether the insured has other appropriate
insurance that was in effect on the date of service. Notwithstanding the
terms of the provider agreement, the carrier shall allow for the
submission of a claim that was previously denied by another insurer
because of the insured's transfer or termination of coverage.


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