Section 1 Purpose
The purpose of this regulation is to promote efficiency and
cost savings in the payment of health insurance claims by the use of common
claim forms and procedures and to improve the availability and consistency of
health services information.
Section
2 Authority
This regulation is issued pursuant to the authority vested in
the Commissioner of Banking, Insurance and Securities (Commissioner) under
Title
18 V.S.A.
9408.
Section 3 Applicability and Scope
Except as otherwise specifically provided, the requirements
of this regulation apply to all issuers of policies or contracts of insurance,
administrators of self-funded employee benefit plans, and other forms of
insurance involved in the reimbursement of health care expenses, and all
providers of health care licensed or certificated by this
state.
Section 4 Definitions
(a) "ADA claim form" means the uniform dental
claim form approved by the American Dental Association for use by
dentists.
(b) "CDT codes" means the
current dental terminology published by the American Dental
Association.
(c) "CPT-4 codes"
means the current procedural terminology used by the American Medical
Association.
(d) "DSM-III-R codes"
means the American Psychiatric Association's codes for mental
disorders.
(e) "Durable Medical
Equipment" means equipment which (a) can withstand repeated use; (b) is
primarily and customarily used to serve a medical purpose; (c) generally is not
useful to a person in the absence of an illness or injury; and (d) is
appropriate for use in the home. All requirements of the definition must be met
before an item can be considered to be durable medical equipment.
(f) "HCFA" means the federal Health Care
Financing Administration of the United States Department of Health and Human
Services.
(g) "HCFA-1450" (UB-82 or
UB-92) means the health insurance claims form published by HCFA for use by
institutional providers.
(h)
"HCFA-1500" means the health insurance claims form published by HCFA for use by
health care professionals.
(i)
"HCPCS codes" means HCFA's common procedure coding system which includes both
of the following:
(1) Level 1 codes, which
are CPT codes; and
(2) Level 2
codes, which are procedure codes for which there are no CPT codes.
(j) "Health care facility" means
all facilities and institutions, as defined in Title
18 V.S.A. §
9402.
(k) "Health care provider" means a person,
partnership or corporation, other than a facility, as defined in Title
18 V.S.A. §
9402.
(l) "Health insurer" means any health
insurance company, nonprofit hospital and medical services corporation, health
maintenance organization, and, to the extent permitted under federal law, any
administrator of an insured, partially insured, self-insured or publicly funded
health care benefit plan offered by public or private entities.
(m) "ICD-9-CM codes" means the disease codes
in the international classification of diseases, 9th revision, clinical
modification published by the United States Department of Health and Human
Services.
(n) "Local codes" means
those codes approved for use by the State Uniform Claim Form
Committee.
(o) "Medicare" means
Title XVIII of the federal Social Security Act.
(p) "Pharmacy Products" means prescription
drugs, durable medical equipment, surgical supplies and over-the-counter
products when dispensed by a registered pharmacy.
(q) "State Uniform Claim Form Committee"
means the committee described in Section 10 of this regulation.
Section 5 HCFA-1500 instructions
(a) Required users - All health care
providers, other than dentists or pharmacists, whether they bill patients
directly or file claims with insurers for services, must use the HCFA 1500
form.
(b) Coding requirements - In
addition to HCFA's coding instructions, the following restrictions and
conditions apply to the use of the HCFA-1500 form:
(1) An insurer may not require a health care
provider to use any coding system other than the following:
a. HCPCS codes;
b. ICD-9-CM codes;
c. DSM-III-R codes (if an appropriate
ICD-9-CM code does not exist);
d.
local codes; and
e. any codes
authorized by the State Uniform Claim Form Committee under Section 9(a)(2) of
this regulation for use in unlabeled fields.
Section 6 HCFA-1450 Instructions
(a) All health care facilities shall use the
HCFA-1450 form and conform to the National Uniform Billing Committee billing
instruction manual for its use.
(b)
Coding requirements - An insurer may not require a health care provider to use
any code other than the following:
(1)
ICD-9-CM;
(2) revenue
codes;
(3) if charges for
professional health care provider services are included, HCPCS codes;
(4) local codes; and
(5) a health care provider shall identify a
patient using the unique patient identifier number designated in Section 9 of
this regulation.
(c) A
hospital must use a HCFA-1500 form to supplement a HCFA-1450 form to bill
patients or file claims for professional services.
Section 7 ADA Claim Form Instructions
(a) In order to bill patients directly and
file claims with insurers for professional services as described in the CDT, a
dentist or a corporation or partnership of dentists shall use the ADA claim
form and follow the instructions for its use provided in the American Dental
Association CDT user's manual.
(b)
An insurer may not require a dentist to use any code other than CDT
codes.
(c) A dentist shall identify
a patient by using the unique patient identifier number designated in Section 9
of this regulation.
Section
8 Pharmacy Claim Instructions
All pharmaceutical providers filing claims for pharmacy
products shall use one or more of the following:
(a) the electronic claims procedures endorsed
by the National Council for Prescription Drug Programs; and/or
(b) the universal claim forms endorsed by the
National Council for Prescription Drug Programs.
Section 9 Use of Unique Identifiers
(a) Health care providers
(1) To complete any of the forms adopted
under this regulation, health care providers shall use the unique identifier
number or surrogate unique number assigned them by HCFA.
(2) If the claim involves a billing
organization, both the billing organization and the health care provider shall
be identified. An organization shall be identified by its Federal Tax ID or a
unique identifier assigned by an insurer.
(3) If a health care provider does not have a
unique identifier number assigned by HCFA, the provider shall use his or her
Vermont license or certification number, or other system recommended by the
State Uniform Claim Form Committee and approved by the Commissioner.
(4) If a provider does not have an identifier
as described in paragraph (c) (2) of this section and does not have a unique
HCFA identifier, he or she shall use the generic identification number issued
by an insurer.
(b) Health
care facilities.
(1) To complete any of the
forms adopted under this regulation, health care facilities shall use the
facility identification number provided by HCFA or if no HCFA number exists,
the unique identifier assigned by an insurer.
(2) Any attending health care provider shall
be identified as described in subsection (a) of this section.
(c) Patient numbers.
(1) Patients shall be identified by their
Social Security numbers or such other number designated by the Health Care
Authority and approved for use by the Commissioner.
Section 10 State Uniform Claim
Form Committee
(a) There is hereby established
a State Uniform Claim Form Committee. The purpose of the Committee shall be:
(1) the development of codes and regulation
of their use;
(2) the regulation of
unlabeled fields in the HCFA 1500, HCFA 1450 and ADA claim forms;
(3) to monitor the development of changes in
national standards with respect to claim forms, electronic claim form formats,
and procedures for the submission of both paper and electronic claim
forms;
(4) to study and produce an
annual report concerning the implementation of Electronic Data Interchange
(EDI) in Vermont. In addition, the Committee shall review the efforts of the
Workgroup for Electronic Data Interchange (WEDI) and shall report to the
Commissioner and the Health Care Authority Board regarding the adoption of WEDI
standards for EDI in Vermont; and
(5) to study issues and develop methods to
otherwise improve the availability and consistency of health services
information.
(b) The
initial Committee shall consist of the Commissioner, who shall act as chair of
the Committee and one member of the Vermont Health Care Authority, who shall
act as vice-chair of the Committee. In addition, the committee shall include
one representative each from the hospital billing community, the non-hospital
billing community, the dental billing community, the state Medicare
intermediaries, a chain pharmacy store, the state Medicaid program and two
representatives of health insurers, each of which shall serve two-year terms
ending January 1.
(c) The Committee
shall make recommendations to the Commissioner regarding local codes and
unlabeled fields that, upon approval of the Commissioner, shall be used by all
health insurers and health care providers.
Section 11 General provisions
(a) A health care provider or institutional
care provider shall file a claim in a manner consistent with the requirements
of this regulation using either:
(1) a paper
form printed on 8.5-inch paper; or
(2) an electronically-transmitted claim that
is consistent with the procedure for submission of such claims as established
by the State Uniform Claim Form Committee in conjunction with ANSI
standards.
(b) An issuer
shall accept a form that is submitted in compliance with this regulation for
the processing of an insured's claims.
(c) Nothing in this regulation shall prevent
an issuer from requesting additional information which is not contained on the
forms required under this regulation to determine eligibility of the claim for
payment.
(d) All health care
providers and institutional care providers shall:
(1) use the most current editions of the HCFA
Form 1500, HCFA form 1450, or ADA claim form and most current instructions for
these forms in the billing of patients or their representatives and filing
claims with issuers; and
(2) modify
their billing practices to encompass the coding changes for all billing and
claim filing by the effective date of the changes set forth by the developers
of the forms, codes and procedures required under this regulation.
(e) To the extent that HCFA issues
forms designed to replace HCFA-1450 or HCFA-1500, this regulation shall be
deemed to have adopted any such replacement form or forms as of their issuance
date and such forms shall be used by health care facilities and health care
providers in compliance with all other provisions of this regulation.
(f) To the extent that coding manuals are
updated or revised, this regulation shall be deemed to have adopted such update
or revision.