also send to the insured:
(i) a written explanation of the part of the claim that was denied; and
(ii) notice of the adverse benefit determination review process established under Section31A-22-629.
(c) This Subsection (7) does not apply to a person receiving benefits under the stateMedicaid program as defined in Section 26-18-2, unless required by the Department of Health orfederal law.
(8) (a) Beginning with health care claims submitted on or after January 1, 2002, a late feeshall be imposed on:
(i) an insurer that fails to timely pay a claim in accordance with this section; and
(ii) a provider that fails to timely provide information on a claim in accordance with thissection.
(b) For the first 90 days that a claim payment or a provider response to a request forinformation is late, the late fee shall be determined by multiplying together:
(i) the total amount of the claim;
(ii) the total number of days the response or the payment is late; and
(iii) .1%.
(c) For a claim payment or a provider response to a request for information that is 91 ormore days late, the late fee shall be determined by adding together:
(i) the late fee for a 90-day period under Subsection (8)(b); and
(ii) the following multiplied together:
(A) the total amount of the claim;
(B) the total number of days the response or payment was late beyond the initial 90-dayperiod; and
(C) the rate of interest set in accordance with Section 15-1-1.
(d) Any late fee paid or collected under this section shall be separately identified on thedocumentation used by the insurer to pay the claim.
(e) For purposes of this Subsection (8), "late fee" does not include an amount that is lessthan $1.
(9) Each insurer shall establish a review process to resolve claims-related disputesbetween the insurer and providers.
(10) An insurer or person representing an insurer may not engage in any unfair claimsettlement practice with respect to a provider. Unfair claim settlement practices include:
(a) knowingly misrepresenting a material fact or the contents of an insurance policy inconnection with a claim;
(b) failing to acknowledge and substantively respond within 15 days to any writtencommunication from a provider relating to a pending claim;
(c) denying or threatening to deny the payment of a claim for any reason that is notclearly described in the insured's policy;
(d) failing to maintain a payment process sufficient to comply with this section;
(e) failing to maintain claims documentation sufficient to demonstrate compliance withthis section;
(f) failing, upon request, to give to the provider written information regarding thespecific rate and terms under which the provider will be paid for health care services;
(g) failing to timely pay a valid claim in accordance with this section as a means of
influencing, intimidating, retaliating, or gaining an advantage over the provider with respect to anunrelated claim, an undisputed part of a pending claim, or some other aspect of the contractualrelationship;
(h) failing to pay the sum when required and as required under Subsection (8) when aviolation has occurred;
(i) threatening to retaliate or actual retaliation against a provider for the providerapplying this section;
(j) any material violation of this section; and
(k) any other unfair claim settlement practice established in rule or law.
(11) (a) The provisions of this section shall apply to each contract between an insurer anda provider for the duration of the contract.
(b) Notwithstanding Subsection (11)(a), this section may not be the basis for a bad faithinsurance claim.
(c) Nothing in Subsection (11)(a) may be construed as limiting the ability of an insurerand a provider from including provisions in their contract that are more stringent than theprovisions of this section.
(12) (a) Pursuant to Chapter 2, Part 2, Duties and Powers of Commissioner, andbeginning January 1, 2002, the commissioner may conduct examinations to determine aninsurer's level of compliance with this section and impose sanctions for each violation.
(b) The commissioner may adopt rules only as necessary to implement this section.
(c) The commissioner may establish rules to facilitate the exchange of electronicconfirmations when claims-related information has been received.
(d) Notwithstanding Subsection (12)(b), the commissioner may not adopt rules regardingthe review process required by Subsection (9).
(13) Nothing in this section may be construed as limiting the collection rights of aprovider under Section 31A-26-301.5.
(14) Nothing in this section may be construed as limiting the ability of an insurer to:
(a) recover any amount improperly paid to a provider or an insured:
(i) in accordance with Section 31A-31-103 or any other provision of state or federal law;
(ii) within 24 months of the amount improperly paid for a coordination of benefits error;
(iii) within 12 months of the amount improperly paid for any other reason not identifiedin Subsection (14)(a)(i) or (ii); or
(iv) within 36 months of the amount improperly paid when the improper payment wasdue to a recovery by Medicaid, Medicare, the Children's Health Insurance Program, or any otherstate or federal health care program;
(b) take any action against a provider that is permitted under the terms of the providercontract and not prohibited by this section;
(c) report the provider to a state or federal agency with regulatory authority over theprovider for unprofessional, unlawful, or fraudulent conduct; or
(d) enter into a mutual agreement with a provider to resolve alleged violations of thissection through mediation or binding arbitration.
(15) A health care provider may only seek recovery from the insurer for an amountimproperly paid by the insurer within the same time frames as Subsections (14)(a) and (b).
Amended by Chapter 11, 2009 General Session