Mich. Admin. Code R. 418.101304 - Disputes
Rule 1304.
(1) If
a carrier adjusts or rejects a bill or a portion of a bill under these rules,
then a notice given under
R 418.101301(1)
creates an ongoing dispute for the purpose of section 801 of the act. The time
for making payment of a bill under section 801 of the act shall not run unless
the bill is properly submitted according to applicable rules and
statutes.
(2) Any dispute that
concerns any of the following shall be resolved as if an application for
mediation or hearing was filed under section 847 of the act:
(a) The medical appropriateness of health
care or a health care service.
(b)
Utilization of health care or a health care service.
(c) The need for health care or a health care
service.
(d) Any dispute over the
cost of health care or a health care service.
(3) If the dispute results in the denial of
medical treatment for a worker, or if there is a petition by an employer to
stop the employer's liability for medical benefits previously ordered,
including proceedings under subrule (6) of this rule, then the dispute shall
receive the same expedited treatment accorded to 60-day cases under section 205
of the act, except that the agency may refer the matter to mediation before a
representative of the director.
(4)
A dispute under this rule may be submitted to arbitration under section 864 of
the act.
(5) A dispute under this
rule may be handled as a small claim under section 841(2) to (10) of the act if
it meets the requirements of that section.
(6) If a carrier is required by the terms of
an award to provide medical benefits, then the carrier shall continue to
provide those benefits until there is a different order by any of the following
entities:
(a) A magistrate.
(b) The appellate commission.
(c) The court of appeals.
(d) The supreme court. This subrule does not
preclude the use of the maximum allowable payments provided by these rules for
the payment of bills by carriers. If a carrier files an application to stop or
limit its liability under this subrule, the carrier shall receive the expedited
treatment provided for under subrule (3) of this rule.
(7) If the director believes that a provider
is not in compliance with these rules, then the director may on his or her own
motion give notice to the parties and schedule a hearing for the purpose of
determining compliance.
Notes
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