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US Supreme Court Visits ERISAclaim.com
at 11:57:03 AM on Friday, November 21, 2003

Prompt Pay Crisis & ERISA Solutions

ERISA Provides Preemptive and "Pre-Prompt Pay" Protections,
 Better Than State Law and Most Powerful Timely Payment Protections

 

ERISA “Prompt Pay” Time Limits

 © 2003 - 2004  Jin Zhou, ERISAclaim.com

 


ERISA §2560.503-1

Claims Procedure

 

New Rules
 Effective on 01/01/2003 for all ERISA plans

  self-insured and fully-insured, §2560.503-1(a)

Old Rules

Urgent Care Claim

Preservice Claim

Post-Service Claim

Disability Claims

ERISA Claims

Claim Beginning Time

Beginning at a Time a Claim Is Filed, Regardless of Clean Claim or Not, In Accordance With Plan Procedures, § 2560.503-1(f)(4)

Decision Maximal Time Limits

In No Event Exceeding 90 Days Period, §2560.503-1(f)

< 180 days

"Not Clean" Notification Time

24 hours

5 days

N/A

N/A

N/A

Claimant Claim Cleanup Time

48 hours

45 days

45 days

45 days

N/A

Plan Initial Determination

ASAP,
<48 hours (clean claim)
< 72 hours (cleaned up claims)

 

15 days

30 days

45 days

90 days

 

Claimant Appeal Deadline

180 days

180 days

180 days

180 days

60 days

Plan 1st Level Appeal Response Time


72 hours

15 days

30 days

45 days

60 days

Plan 2nd-Level Appeal Response Time

15 days

30 days

90 days

120 days with extensions

Plan Extension Time

48 hours

15 days

15 days

75 days

120 days

Review/Appeal Maximal Limit

72 hours

30 days (one Appeal)

15 days (two appeals)

30 days (two appeals)
60 days (one Appeal)

105 days

180 days

Initial Determination/EOB by:


"The Plan Administrator", § 2560.503-1(g)

Appeal Delay & Denial to:

"An Appropriate Named Fiduciary of the Plan", § 2560.503-1(h)

Review/Appeal Decision by:

"The Plan Administrator", § 2560.503-1(j)

Breaking News

950,000 MD's Settled With Aetna & Cigna on ERISA

 

Prompt Pay Crisis in U.S. Healthcare Delivery System Demands ERISA Practical Solutions

ERISA Provides Preemptive and "Pre-Prompt Pay" Protections,
 Better Than State Law and Most Powerful Timely Payment Protections

 

 © 2003 Jin Zhou, ERISAclaim.com

 

       Prompt payment crisis in health-care reimbursement has been identified as and remained to be the No. 2 problem by AMA through nationwide medical Association surveys even after 47 states having enacted "Prompt Pay" laws and regulations, some very aggressive state enforcements with multimillion dollar penalties against late pay insurers and managed-care organizations, 950,000 physicians nationwide class-action lawsuits in federal courts, abortion of unprecedented seven-year Patient's Bill Of Rights legislation campaign in Congress, and managed-care contracting reengineering between health-care providers and managed-care organization (MCO) as well as class-action settlement with Aetna and CIGNA in federal court.

 

 

Managed-Care Prompt Pay Crisis? What Does an Unanimous US Supreme Court Say?

 

On June 21, 2004, an unanimous US Supreme Court ruled that claim processing (Prompt Pay, timely benefits determination)  and denials of benefits under the employer-sponsored health plans, ERISA-regulated benefit plans, for both self-insured and fully-insured (through purchase of insurance) health plans, are completely governed by federal law ERISA, that supersedes and invalidates state laws.

 

ERISAclaim.com: "employer-sponsored group health plans" = "ERISA-regulated benefit plans", both self-insured and fully-insured (through purchase of insurance) health plans, (ERISA - Title 29, Chapter 18.  Sec. 1002.)

 

 

ERISAclaim.com - Supreme Court Managed Care ERISA Watch

Aetna Health Inc. v. Davila

06/21/04

Opinion of the Court

 

"Held: Respondents’ state causes of action fall within ERISA§502(a)(1)(B), and are therefore completely pre-empted by ERISA §502 and removable to federal court. Pp. 4–20."

 

"We hold that respondents’ causes of action, brought to remedy only the denial of benefits under ERISA-regulated benefit plans, fall within the scope of, and are completely pre-empted by, ERISA §502(a)(1)(B), and thus removable to federal district court. The judgment of the Court of Appeals is reversed, and the cases are remanded for further proceedings consistent with this opinion.7 It is so ordered."

 

Schoedinger v. United Healthcare of the Midwest Inc.

ERISA Pre-empts State Prompt Pay Laws

 

Top Seven Issues through National Medical Specialty Societies

Rank

Problems Reported By Popularity Rank

  %

1

Bundling

67%

2

Medical Necessity Decision Denials

43%

3

Prompt Payment

43%

4

Administrative Hassles

33%

5

Coding Issues

24%

6

Downcoding

19%

7

Bargaining Lack of Negotiation Power

14%

 

Top Eight Most Importantly & Frequently Listed Issues through
State Medical Associations

Rank

Problems Reported By Importance Rank

1

Downcoding & Bundling

2

Prompt Payment

3

Lack of Budgeting Power

4

Medical Necessity Denials

5

Prior Authorization of Med. Services

6

Health Plan Credentialing

7

Drug Formularies

8

Other

 

   

New York State Seal

New York State, Insurance Department

ISSUED 4/13/2004

FOR IMMEDIATE RELEASE

Health Net To Refund $4.99 Million To Policyholders And Re-Evaluate Some Healthcare Claims  (The full report, pdf)
Also Paid $500,000 Fine And Instituted Remedial Actions Under Separate Department Action

 

 

If NASA Columbia tragedy can find some solutions for preventions and resolutions, why can't health-care crisis with potential of paralyzing nation's economy and security deserve and demand some results oriented and compliant but practical solution?

 

      The Columbia Accident Report and conclusions identifies the foam debris as the likely cause and concludes NASA management culture is the biggest safety risk, this author, Jin Zhou, identified the ignorance, noncompliance and nonenforcement of ERISA claim regulation is the main cause and American business leaders hands-free leadership on employee benefits management as well as health-care industry and managed-care culture are the biggest health-care crisis, because ERISA governs and regulates up to 80% of health-care claims or 60% of health expenditures in the U. S.. ERISA  preempts state laws and managed-care contract enforcement on employee benefits claim delays and denials.