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Third Party Liability
HP Provider Relations
October 2010
Agenda
– Objectives
– Third Party Liability (TPL) Overview
– TPL Program Responsibilities
– Identifying TPL Resources
– Cost Avoidance
– Claims Processing Requirements
– TPL Update Procedures
– Disallowance Projects
– Questions & Answers
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Third Party Liability
October 2010
Objectives
– Define TPL
– Explain the responsibilities of the TPL
program
– Provide information on the sources of
TPL information
– Give an overview of TPL claim
processing requirements
– Illustrate how TPL information is
updated
– Answer any questions that may arise
during the presentation
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Third Party Liability
October 2010
Introduce
Third Party Liability
Introduction to Third Party Liability – TPL
– Private insurance coverage does not preclude an individual from
having Indiana Health Coverage Programs (IHCP) benefits
– The IHCP supplements other available coverage
– The IHCP is responsible for paying only the State plan authorized
medical expenses that other insurance does not cover
– TPL may be:
• A commercial group plan through the member’s employer
• An individually purchased plan
• Medicare
• Insurance available as a result of an accident or injury
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Third Party Liability
October 2010
IHCP – Payer of Last Resort
– Federal regulation (42 CFR 433.139)
establishes the IHCP as the payer of
last resort
– Exceptions:
• Victim Assistance
• First Choice
• Children’s Special Health Care Services
(CSHCS)
− These programs are secondary to Medicaid
because they are fully funded by the State
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Third Party Liability
October 2010
TPL Program Responsibilities
– The IHCP TPL Program supports
compliance with federal and state
TPL regulations and has two
primary purposes:
• Identify IHCP members who have
TPL resources available
• Ensure that those resources pay
before the IHCP
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Third Party Liability
October 2010
Identifying TPL Resources
– The TPL Program has five primary sources of information to
identify members who have other health insurance:
• Caseworkers/Division of Family Resources (DFR)
− Member TPL information is updated in Indiana Client Eligibility System (ICES)
and transferred to IHCP
• Providers
− Providers can report TPL information in writing, by telephone call, via Web
interChange, or by information submitted on claim forms
• Data Matches
− Data matches are performed with all major insurance companies and
reported to the IHCP
• Hoosier Healthwise Managed Care Entity (MCEs)
− MCEs report information about members enrolled in their networks
• Medicaid Third Party Liability Questionnaire
− Providers and members may complete the questionnaire and e-mail, fax, or
mail to the HP TPL Unit
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Third Party Liability
October 2010
Cost Avoidance
– When a provider determines a
member has a TPL resource, that
resource must be billed first
– If the provider bills the IHCP without
proper documentation that the TPL
was billed first, the claim will deny
– This process is known as cost
avoidance
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Third Party Liability
October 2010
Services Exempt from TPL Cost Avoidance
– Pregnancy care
– Prenatal care
– Preventative pediatric care, including Early and Periodic Screening,
Diagnosis, and Treatment (EPSDT/HealthWatch)
– Medicaid Rehabilitation Option (MRO)
– Home and Community-Based Waiver services
– State psychiatric hospitals
– Procedure codes listed on Medicare Bypass Table
• Some of the diagnosis and procedure codes that are exempt from cost avoidance
are listed in the IHCP Provider Manual, Chapter 5, Section 2
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Third Party Liability
October 2010
Services Rendered by Out-of-Network
Providers
– The IHCP requires that a
member follow the rules of the
primary insurance carrier
– The IHCP does not reimburse for
services rendered out of another
plan’s network
• Exception: Court-ordered services, such
as alcohol or drug rehabilitation
– If the primary carrier pays for outof-network services, the IHCP
may be billed
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Third Party Liability
October 2010
Liability Insurance
– Liability insurance generally reimburses Medicaid for claim
payments only under certain circumstances
• Example: Auto or homeowner’s policies where liability is established
– Due to the circumstantial nature of this coverage, the IHCP does
not cost avoid claims based on liability coverage
– If a provider is aware that a member has been in an accident,
the provider may bill the IHCP or pursue payment from the liable
party (the provider is encouraged to bill the third party first)
– If the IHCP is billed, the provider must indicate that the claim is
for accident-related services
– When the IHCP pays accident-related claims, postpayment
research is conducted to identify cases with potentially liable
third parties
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Third Party Liability
October 2010
Liability Insurance
– When third parties are identified, the IHCP presents all paid claims
associated with the accident to the third party for reimbursement
– Providers are not normally involved in or aware of this recovery
process
– Providers are encouraged to report all identified TPL cases to the HP
TPL Casualty Unit
• Notify the TPL Casualty Unit if a request for medical records is received by an
IHCP member’s attorney regarding a personal injury claim
– Contact information:
HP TPL Casualty Unit
P.O. Box 7262
Indianapolis, IN 46207-7262
Telephone (317) 488-5046 or 1-800-457-4510
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Third Party Liability
October 2010
TPL Credit Balance Letters and Worksheets
– HP partners with HMS to collect credit balances due to the IHCP
– HMS mails letters and credit balance worksheets to select providers
quarterly
– Refunds are due 60 days from the date of the letter
– Adjustments are processed weekly for providers that want credit
balances subtracted from future payments
– Although letters are sent to selected providers, the credit balance
worksheets can be used by any provider to return overpayments
– Contact HMS Provider Relations at 1-877-264-4854 with questions
– Credit Balance Worksheets and instructions are available at
http://provider.indianamedicaid.com
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Third Party Liability
October 2010
Medicare Buy-in Overview
– Allows states to pay Part B
Medicare premiums for dually
eligible members (members
eligible for both Medicaid and
Medicare)
– Automated data exchanges
between HP and the Centers for
Medicare & Medicaid Services
(CMS) are conducted daily to
identify, update, resolve
differences, and monitor new and
ongoing Medicare buy-in cases
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Third Party Liability
October 2010
Medicare Buy-in Overview
–
The state is responsible for initiating Medicare buy-in for
eligible members and HP coordinates Medicare buy-in
resolution with CMS
–
Medicare is generally the primary payer
• Payment of Medicare premiums, coinsurance, and deductibles cost less
than Medicaid benefits
• States receive Federal Financial Participation (FFP) for premiums paid for
members eligible as:
 Qualified
Medicare beneficiary (QMB)
 Qualified
disabled working individual (QDWI)
 Specified
low-income Medicare beneficiary (SLMB)
 Money
grant members Social Security Income (SSI)
 Qualified
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Third Party Liability
individual (QI-1)
October 2010
Medicare Buy-in – Qualified Medicare
Beneficiary
–
QMB-Only
• The member’s benefits are limited to payment of the member’s Medicare
Part A and Part B premiums, as well as deductibles and coinsurance for
Medicare covered services
• Claims for services not covered by Medicare are denied as Medicaid noncovered services
• The member should be notified in advance if services will not be covered,
and if they still want to have the service provided they should sign a waiver
acknowledging they understand they will be billed
–
QMB-Also
• The member’s benefits include payment of the member’s Medicare Part A
and Part B premiums, deductibles and coinsurance, as well as traditional
Medicaid benefits
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Third Party Liability
October 2010
Learn
Claims processing requirements
TPL Claims Processing Requirements
TPL identification
– Prior to rendering service, the
provider must verify Medicaid
eligibility using the Eligibility
Verification System (EVS) options:
• Web interChange
• Omni
• AVR (Automated Voice Response system)
– The EVS should also be used to
verify TPL information to determine
if another insurance is liable for the
claim
– The EVS contains the most current
TPL information, including health
insurance carrier, benefit coverage,
and policy numbers on file with the
IHCP
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Third Party Liability
October 2010
TPL Claims Processing Requirements
Prior authorization
– If a service requires prior
authorization by the IHCP, that
requirement must be satisfied,
even if a third party has paid or will
pay a portion of the charge
– Therefore, a provider may have to
obtain prior authorization from the
third party and from the IHCP
– Exception:
• Medicare Part A or Part B covered
charges
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Third Party Liability
October 2010
TPL Claims Processing Requirements
Billing procedures
– When submitting claims, the amount paid by the third party
must be entered in the appropriate field on the claim form or
electronic transaction, even if the TPL payment is zero
– If a third party made a payment, the explanation of benefit
(EOB) is not required
– If the primary insurance denies payment, or applies the
payment in full to the deductible, a copy of the denial EOB
must be attached to the claim
• If the claim is submitted electronically via Web interChange, the EOB may be
submitted by using the "Attachment" feature
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Third Party Liability
October 2010
TPL Claims Processing Requirements
Billing procedures
– The IHCP payment will be the total
Medicaid "allowable" amount, minus
what was paid by the primary
insurance
– If the primary insurance payment is
equal to or greater than the total
Medicaid "allowable" amount, the
IHCP payment will be zero
• The member cannot be billed for any
remaining balance, or copayments/
deductibles (refer to 405 IAC 1-1-3 (I))
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Third Party Liability
October 2010
TPL Claims Processing Requirements
Blanket denials
– When a service that is repeatedly furnished to a member and
repeatedly billed to the IHCP is not covered by a third-party
insurer, a photocopy of the original denial EOB can be used for
the remainder of the calendar year
– This eliminates unnecessary billing to the third-party insurer
– The provider should write "BLANKET DENIAL" on the original
denial EOB and at the top of the claim form
– The denial reason must relate to the specific services and time
frame of the new claim
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Third Party Liability
October 2010
TPL Claims Processing Requirements
Remittance Advice information
– Claims denying for TPL reasons will have one of the following
edits:
– 2500 – Recipient covered by Medicare A – no attachment
– 2501 – Recipient covered by Medicare A – with attachment
– 2502 – Recipient covered by Medicare B – no attachment
– 2503 – Recipient covered by Medicare B – with attachment
– 2504 – Recipient covered by private insurance – no attachment
– 2505 – Recipient covered by private Insurance – with attachment
– 2510 – Recipient covered by Medicare D
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Third Party Liability
October 2010
TPL Claims Processing Requirements
Third-party payer fails to respond (90-day provision)
– When a third-party payer fails to respond within 90 days of a
provider’s billing date, the provider can submit the claim to the IHCP
– Attach one of the following to the claim:
• Copies of unpaid bills or statements sent to the insurance company
• Written notification from the provider indicating the billing dates and explaining the thirdparty failed to respond within 90 days
– Boldly indicate the following on the attachments:
• Date of the filing attempts
• The words NO RESPONSE AFTER 90 DAYS
• Member identification number (RID #)
• Provider’s NPI number
• Name of TPL billed
– 90-Day No Response claims may be submitted on Web interChange
using the "Notes" feature
• Provide the same information above, as on paper attachments
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Third Party Liability
October 2010
TPL Claims Processing Requirements
Insurance carrier reimburses IHCP member
– When the insurance carrier reimburses the member:
• Request the member to forward the payment to the provider, or if necessary:
 Notify the insurance carrier the payment was made to the member in error
and request the payment be reissued to the provider
 If unsuccessful, document the attempts made and submit the claim to the
IHCP under the 90-day provision
– In future visits with the member, request the member sign an
"assignment of benefits" authorization form
– Submit the assignment of benefits with the next claim to the
insurance carrier
– Providers may report the member to the State contractor if
member fraud is suspected
• Telephone: Member 1-800-446-1993
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Third Party Liability
October 2010
Provider 1-800-382-1039
TPL Claims Processing Requirements
TPL payments received after IHCP payments
– What if a third party or the member
makes payment after IHCP has paid
the claim?
• The provider should submit a replacement
claim via Web interChange or use the paper
adjustment form
or
• The provider can use the credit balance
reporting process administered by HMS
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Third Party Liability
October 2010
Describe
TPL update procedures
TPL Update Procedures
TPL update request on Web interChange
– Providers can update TPL information via Web interChange
– From Eligibility Inquiry screen, Third Party Carrier Information
section, click TPL Update Request
– Enter all information about TPL, including "Comments"
– HP TPL Unit will verify and update information within 20
business days
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Third Party Liability
October 2010
Web interChange – Eligibility Inquiry
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Third Party Liability
October 2010
TPL Update Request
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Third Party Liability
October 2010
TPL Update Procedures
Division of Family Resources (DFR)
– The caseworker or State eligibility worker enters TPL
information into ICES when members enroll in Medicaid
– This information is transmitted nightly to IndianaAIM and
Web interChange
– Providers that receive TPL information that is different from
what is in Web interChange should immediately report the
information to the TPL Unit
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Third Party Liability
October 2010
TPL Update Procedures
General update procedures
– When forwarding updated TPL
information to the TPL Unit, include the
member’s RID # and any other pertinent
data
• Remittance Advice (RA), Explanation of Benefits
(EOB), carrier letters
– Send updated TPL information to:
HP TPL Unit
Third Party Liability Update
P.O. Box 7262
Indianapolis, IN 46207-7262
Telephone : (317) 488-5046 or 1-800-457-4510
Fax: (317) 488-5217
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Third Party Liability
October 2010
TPL Update Procedures
Medicaid Third Party Liability Questionnaire
– The questionnaire is available at the
"Forms" link at
http://provider.indianamedicaid.com
– The completed questionnaire can be emailed to [email protected]
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Third Party Liability
October 2010
Detail
TPL disallowance projects
TPL Disallowance Projects
Medicare
How the disallowance projects work:
– IHCP identifies Medicaid paid claims that should have been
billed to Medicare as primary
– IHCP will send listings of paid Medicaid claims to providers with
instructions asking them to bill Medicare for the claims paid by
Medicaid and respond within 60 days
– Providers are to report back to IHCP within 60 days by
submitting a Credit Balance Worksheet and to notify Medicaid
as to which claims have been paid by Medicare and which have
been denied
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Third Party Liability
October 2010
TPL Disallowance Projects
Commercial insurance
How the Commercial Insurance disallowance projects work:
– Focus is on hospital providers
– IHCP identifies Medicaid paid claims that should have been
billed to commercial carriers
– IHCP will send listings of paid Medicaid claims to providers with
instructions asking them to bill the commercial carriers for the
claims paid by Medicaid and respond within 60 days
– Providers are to report back to IHCP within 60 days and notify
Medicaid as to which claims have been paid by the commercial
carrier and which have been denied
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Third Party Liability
October 2010
Find Help
Resources Available
Helpful Tools
Avenues of resolution
– IHCP Web site at www.indianamedicaid.com
– IHCP Provider Manual (Web, CD-ROM, or paper)
•
Chapter 5 – Third Party Liability
– Customer Assistance
• Local
• All
(317) 655-3240
others 1-800-577-1278
– Written Correspondence
• HP
Provider Written Correspondence
P. O. Box 7263
Indianapolis, IN 46207-7263
– Provider field consultant
– TPL Department - (317) 488-5046; (800) 457-4510
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Third Party Liability
October 2010
Q&A