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New Federal Health Claims & Appeals Laws & Regulations

for 193 Million Americans

Effective 09-23-2010

©2010, Jin Zhou, ERISAclaim.com

Photo of President Gerald R. Ford signing Employee Retirement Income Security Act of 1974

President Obama Signing Health Bill on 03/23/2010

President Gerald R. Ford Signing ERISA on 09/02/1974

New Webinars, Seminars & Certification Classes Announced for New Federal Health Claim Appeals Regulations on July 22, 2010 from HHS, DOL & IRS, Effective On Sept. 23, 2010 for 193 Million Americans

DOL Seal - Link to DOL Home Page

UNITED STATES

DEPARTMENT OF LABOR

(Links to DOL) ©2010, Jin Zhou, ERISAclaim.com

Patient Protection and Affordable Care Act

Statutory Laws [PDF] [PDF]

 

 

Employee Retirement Income Security Act — ERISA

Webinars, Seminars & Certification Classes for New Federal Health Claim Appeals Regulations

 

ERISAclaim.com - Free Webinars - New Federal Claims & Appeals Regulations, Effective Sept. 23, 2010, for 193 Million Americans

 

ERISAclaim.com: Seminars - 2010 Two-day Basic ERISA Appeal Seminars - Denials and Overpayment Appeals

 

ERISAclaim.com - 2010 PPACA & ERISA Claim Specialist Certification Programs in Chicago, Illinois

 

ERISAclaim.com:  Create An Appeal Department for Your Hospital or Practice (In-house, onsite ERISA Claim Specialist Certification Programs)

 

ERISAclaim.com Press Release

 

FOR IMMEDIATE RELEASE:

 

New Free Obama Health Law Webinars Announced For Healthcare Providers and Health Plans on New Reimbursement Laws for Claims Processing and Appeals 03-23-2010, Hanover Park, IL

The Final Health Reform Bill Has Been Signed By President Obama Into The Law Of The Land For More Than 95% Americans, As The Most Significant Changes Since Medicare Was Created 45 Years Ago. What Does Obama Healthcare Law Mean To Healthcare Providers And Health Plans? New Free Webinars From ERISAclaim.com Was Announced To Discuss New Federal Reimbursement Law Mandates For All Group Health Plans And Health Care Providers: ERISA Internal And External Appeals, Extended Disclosure And Appeal Rights, New Federal UCR Fee Centers And New Federal Simplified, Uniform Standards For Claim Processing And Appeals.

Hanover Park, IL (PRWEB) March 23, 2010 – On March 23, 2010, President Obama signed into law the Senate Bill passed in the House of Representatives, making this year-long debated healthcare legislation into the law of land for more than 95% of Americans, with most significant overhaul to U.S. healthcare delivery system and reimbursement laws. What does this new Obama health law mean to healthcare providers and health plans as well as TPAs? Lack of Information, Misinformation and Frustrations are faced by all on New Obama Health Reimbursement Laws. New free webinars are continued to be offered from ERISAclaim.com on a daily, weekly and monthly basis to help all involved with very specific and accurate statutory provision reviews and discussions on all new Obama health law mandates for claim appeals. Although the House amendment Bill to Senate Bill has to be taken up by the Senate and signed into law by President Obama later this week, statutory provisions on appeals and reimbursement laws were not amended by the House, thus the Senate Bill signed by President Obama is final for claims processing and appeals.

 

Free New Obama Health Law Webinars, as a continuation of ERISAclaim.com monthly webinar for past two months on the subject, will now be offered on daily basis for several weeks, weekly basis for two months and monthly basis for the rest of 2010 in the wake of the President Obama signing into law the most significant healthcare reform in America and urgent and tremendous amount of demand from healthcare providers and health plans. The time for each free webinar is 60 minutes, from 11 AM to 12 PM central standard time. Registration is free for all. The Webinar Handout is also available and free to download at: http://www.erisaclaim.com/Free_ERISA_Webnars.htm.

 

According to Dr. Jin Zhou, president of ERISAclaim.com, a national ERISA expert, and reimbursement compliance consultant, contrary to popular misinformation, the Obama health law, Patient Protection and Affordable Care Act, has established significant consumer protections and plan claim processing and appeal simplification to reduce administrative costs and enhance provider reimbursement rights and patient protections. New Obama health law incorporates or adopts existing ERISA claim regulation in its entirety as internal ERISA appeal mandates, and Uniform External Review Model Act promulgated by the National Association of Insurance Commissioners as external ERISA appeal mandates as final and binding authority to all parties, in absence of judicial appeals. New Obama health law upgraded and extended existing ERISA appeal regulation with new EOB requirements, greater patient and provider rights to access to entire claim file and to present evidence and testimony as part of the appeals process, and to receive continued coverage pending the outcome of the appeals process. New Obama health law also established federal UCR (Usual, Customary and Reasonable) fee center to track and publish UCR fee schedules to the public, to end most commonly disputed reimbursement nightmares for all parties. Every group health plan and health care providers have six months after enactment of the act to come into complete compliance with new Obama health reimbursement laws. To ensure every patient and provider appeal rights, new Obama health law provides consumer assistance on mandatory ERISA internal and external appeals. More compliance and mandate information will be discussed at the webinar.

 

“After the legislation becomes the law of land for America health care, it is time for everyone who truly cares about reimbursement and compliance to forget about yesterday's legislation enthusiasm, set aside personal emotions and political preferences, to get hands on today’s new reality, statutory and regulatory compliance and reimbursement by learning and mastering new rule of the game for health care reimbursement through compliance”, said Dr. Jin Zhou, president of ERISAclaim.com.

 

Dr. Zhou also explains that ERISA has been the only governing federal law for claims denials and appeals procedures for about 176 million Americans covered under employment-based health plans for the past 35 years.

Although the new Obama health law will not convert non-ERISA plans to statutorily defined ERISA plans, this new health law will adopt existing ERISA claim regulation and state external review model act from NAIC for additional 32 million Americans.

 

ERISA Appeals Are No Longer A Choice, But Mandates And Compliance For All.

 

Sec. 2719, (a)(2)(A) of Patient Protection and Affordable Care Act provides the following:

 

‘‘(2) ESTABLISHED PROCESSES.—To comply with paragraph (1)—

 

(A) a group health plan and a health insurance issuer offering group health coverage shall provide an internal claims and appeals process that initially incorporates the claims and appeals procedures (including urgent claims) set forth at section 2560.503-1 of title 29, Code of Federal Regulations, as published on November 21, 2000 (65 Fed. Reg. 70256), and shall update such process in accordance with any standards established by the Secretary of Labor for such plans and issuers; and”

 

<http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3590.eas:>

 

ERISA Claim Regulation, the section 2560.503-1 of title 29, Code of Federal Regulations, as published on November 21, 2000, can be found on the Website of Department of Labor, DOL:

 

< http://www.dol.gov/ebsa/regs/fedreg/final/2000029766.htm>

 

The New Obama Healthcare Reimbursement Law and ERISA Claim Specialist Certification Programs and ERISA Appeal Department Programs were also available from ERISAclaim.com because ERISA Internal and External Appeals are now mandatory for all group health plans and healthcare providers under new Obama Healthcare Reform Laws.

 

In the past 10 years, ERISAclaim.com has been the only ERISA Specialized Company offering the most practical and comprehensive ERISA education, consulting and publishing services for healthcare providers in administrative ERISA appeals for real problem oriented denials under the most mysterious 35-year-old federal law, ERISA. Dr. Jin Zhou, president ERISAclaim.com has been regarded as the Godfather of ERISA claims for healthcare providers by some in Professional billing and coding industry.

 

For more information or to arrange an interview, please contact Dr. Jin Zhou, president of ERISAclaim.com at 630-808-723 and ERISAclaim@aol.com or visit: <http://www.erisaclaim.com/Free_ERISA_Webnars.htm>

 

###

 

Contract:

Jin Zhou, President

ERISAclaim.com

Tel: 630-808-7237 (Mobile)

Tel: 630-736-2974 (Office)

Fax: 630-736-1439

E-mail: ERISAclaim@aol.com

website: http://www.ERISAclaim.com

 

Related Links:

 

ERISAclaim.com: 50% Savings - Healthcare Crisis Turnaround for Employers, Insurers & TPA's

 

ERISAclaim.com - A $1.0 Trillion Nuclear Solution to U.S. Health-care Crisis & $44 Trillion Budget Deficits

 

American Benefits Council: News Room - Supreme Court Ruling on Health Care Claims Raises Important Policy Issues: American Benefits Council. June 21, 2004

"Sadly and predictably trial attorneys and their allies are already calling on Congress to unravel today’s decision by the Supreme Court, but they should first ask why the two physicians in these cases did not act swiftly to help make sure their patients got the care they were seeking. In neither case did the patient or their physician seek a further review of the health plan’s initial coverage decision, despite being specifically informed of their right to such a review under federal law." Klein said."

 

"These review procedures are available under ERISA to help patients get the care they deserve, quickly and without having to resort to costly and lengthy legal procedures. Clearly, a speedy and factual review aided by the expertise of the physicians involved with these two cases could have avoided the need for the courts to be involved at all," Klein said."

 

# # #

The American Benefits Council is the national trade association for companies concerned about federal legislation and regulations affecting all aspects of the employee benefits system. The Council's members represent the entire spectrum of the private employee benefits community and either sponsor directly or administer retirement and health plans covering more than 100 million Americans."

http://www.americanbenefitscouncil.org/issues/health/mischealth.htm

 

Lexology - Notes on the National Summit on Health Care Fraud

Reed Smith LLP, USA

 

February 1 2010

"Last week, in my capacity as president of the American Health Lawyers Association, I attended the first National Summit on Health Care Fraud, a joint undertaking by the U.S. Department of Health and Human Services and the U.S. Department of Justice. The conference brought together private sector leaders, law enforcement personnel, and health care experts as part of the Obama Administration’s coordinated effort to fight health care fraud. This was the first national gathering on health care fraud between law enforcement and the private and public sectors."  

STOP Medicare Fraud - U.S. Department of Health & Human Services and U.S. Department of Justice (http://www.stopmedicarefraud.gov)

"National Summit on Health Care Fraud

U.S. Department of Health and Human Services Secretary Kathleen Sebelius and Attorney General Eric Holder convened a “National Summit on Health Care Fraud” on Thursday January 28, to bring together leaders from the public and private sectors to identify and discuss innovative ways to eliminate fraud, waste and abuse in the U.S. health care system. The National Summit is the latest initiative of the Health Care Fraud Prevention & Enforcement Action Team (HEAT)."

 

 

Related Press Release links:

 

The New 2010 Obama Healthcare Reimbursement Law Webinars Announced As ERISA Appeals Procedures Now Mandatory for All Group Health Plans and Healthcare Providers  01-04-2010, Hanover Park, IL

 

Free Overpayment Webinar Announced For Self-insured Health Plans To Get Immediate Relief from New $1 Trillion Overpayment Recoupment Embezzlement Market 11-23-2009, Hanover Park, IL

 

New Healthcare Overpayment Recoupment Embezzlement Recovery Service Announced In Wake Of Launch of New Federal Task Force To Combat Healthcare Fraud Crisis 11-19-2009, Hanover Park, IL

 

The New Healthcare Reform Bill Passed by The Congress Prompted The New Claim Specialist Certification Class from ERISAclaim.com 11-9-2009, Hanover Park, IL

 

ERISAclaim.com Announced The Nation's First Embezzlement Recovery Services for Large ERISA Health Plans from the $6 Trillion Healthcare Denial Management Market 10-23-2009, Hanover Park, IL

 

ERISAclaim.com Announced Free ERISA Webinar for Healthcare Overpayment Dispute and Claim Denials in Response to Increasing High Demand from the $6 Trillion Healthcare Denial Management Market  10-19-2009, Hanover Park, IL

 

ERISAclaim.com Announced the Expansion of Its ERISA Litigation Support For the Healthcare Claims In Response to Increasing High Demand from the $6 Trillion Healthcare Denial Management Market. 10-19-2009, Hanover Park, IL

 

ERISAclaim.com Announced 2010 ERISA Seminars for Healthcare Overpayment and Claim Denial Appeals for the $6 Trillion Healthcare Denial Management Market. 10-14-2009, Hanover Park, IL

 

ERISAclaim.com Announced the Nation's First Certification Program for the ERISA Claim Appeal Specialist for Healthcare Providers and Managed-Care Payers, 10-13-2009, Hanover Park, IL

 

 

 

 

Interactive Side-By-Side Health Reform Comparison Tool of Major Proposals (Kaiser Family Foundation)

Excerpt: "The Foundation has updated its health reform resources to reflect provisions of the Affordable Health Care for America Act (HR 3962) as passed on Saturday by the U.S. House of Representatives."

Information updated 03/26/2010

 
 

 

 

ERISA & Claim Denials

Aetna Video Shows ERISA Patients Mistreated

 

"According to the video, when faced with claims for identical medical problems, Aetna separates the claims where no damages are available - those subject to the federal Employee Retirement Income Security Act, or ERISA - from non-ERISA claims, where consumers can sue.1 2"

 

ERISA & Health Claim
What Is ERISA and How Does It Affect Patient Rights?

 

"ERISA was enacted in 1974 to protect the pension and welfare benefits that employers provide their workers. It currently covers about 2.5 million health plans and 125 million workers, retirees, and dependents."

 

Department of Labor

 
"A group health plan is an employee welfare benefit plan established or maintained by an employer or by an employee organization (such as a union), or both, that provides medical care for participants or their dependents directly or through insurance, reimbursement, or otherwise.

Most private sector health plans are covered by the

 Employee Retirement Income Security Act (ERISA). Among other things, ERISA provides protections for participants and beneficiaries in employee benefit plans (participant rights), including providing access to plan information. Also, those individuals who manage plans (and other fiduciaries) must meet certain standards of conduct under the fiduciary responsibilities specified in the law."

 

 

$10,600 ERISA Claim

Recent Federal Court Ruling in a Case with $10,600 medical claim, insurance Co. refused to pay, provider made numerous demand for payment in almost one year, but no appeals filed, the court dismissed the lawsuit because provider failed to exhaust administrative remedy, as required under ERISA, by filing ERISAclaim appeals.  This situation is so popular in health-care community.

 

 

 

 

Agree to terms and conditions

"Each benefit plan defines which services are covered, which are excluded, and which are subject to dollar caps or other limits. Members and their providers will need to consult the member's benefit plan to determine if there are any exclusions or other benefit limitations applicable to this service or supply."

 

CIGNA - Coverage Positions/Criteria
"The terms of a participant's particular benefit plan document [Group Service Agreement (GSA), Evidence of Coverage, Certificate of Coverage, Summary Plan Description (SPD) or similar plan document] may differ significantly from the standard benefit plans upon which these Coverage Positions are based. If these Coverage Positions are inconsistent with the terms of the member's specific benefit plan, then the terms of the member's specific benefit plan always control."

 

UnitedHealthcare Medical Policies

"By clicking "I agree," you agree to be bound by the terms and conditions expressed below, in addition to our Site Use Agreement.

UnitedHealthcare medical policies have been made available to you as a general reference resource. When reading these policies you agree that:

Our Medical Policy is not your patient's Benefit Plan.

Your patient's medical benefits are governed and determined by a benefit document, either a Certificate of Coverage or a Summary Plan Description. You should not rely on the information contained in this Web site section to determine your patient's medical benefits.
 

  1. Federal and state mandates and the patient’s benefit document take precedence over these policies.

  2. The patient’s benefit document lists the specific services that have coverage limits or exclusions.


Our Medical Policy does not address every situation and individuals should always consult their physician before making any decisions on medical care."

 

 

 

Statutes (United States Code) 
ERISA - Title 29, Chapter 18. 

        Selected links:

Sec. 1002.
Definitions

Sec. 1003.
Coverage

Sec. 1022.
Summary plan description

Sec. 1027.

Retention of records
Sec. 1104.
Fiduciary duties

Sec.1106.

Prohibited transactions

Sec. 1140.
Interference with protected rights

Sec. 1141.
Coercive interference

part 7
group health plan requirements

 

 

Code of Federal Regulations

Codified in Title 29 of the Code of Federal Regulations:

Regulations

        Selected links:

2520.102-3 Contents of summary plan description.
2560.503-1 

Claims procedure.

 

 

   
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