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| Montana Administrative Register Notice 24-29-273 | No. 8 04/25/2013 | |
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BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY STATE OF MONTANA
TO: All Concerned Persons 1. On May 16, 2013, at 1:00 p.m., the Department of Labor and Industry (department) will hold a public hearing in the auditorium of the DPHHS Building, 111 North Sanders, Helena, Montana, to consider the proposed adoption and amendment of the above-stated rules. 2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m., on May 10, 2013, to advise us of the nature of the accommodation that you need. Please contact the Employment Relations Division, Department of Labor and Industry, Attn: Bill Wheeler, Department of Labor and Industry, P.O. Box 8011, Helena, MT 59604-8011; telephone (406) 444-6541; fax (406) 444-4140; TDD (406) 444-5549; or e-mail bwheeler@mt.gov. 3. GENERAL STATEMENT OF REASONABLE NECESSITY: There is reasonable necessity to adopt and amend rules to implement Chapter 167, Laws of 2011 (House Bill 334), which reformed the workers' compensation system in Montana. In order to make the rules easier to use for customers who process workers' compensation claims, the proposed new rules and amendments are designed to apply to specific time periods. The proposed new rules use the language from the previous rules and make changes where necessary. One change made throughout is that the proposed rules call the fee schedule for professional services, the professional fee schedule, rather than the nonfacility fee schedule. The proposed changes make clear that professional services are to be billed according to the professional fee schedule, whether a professional is independent or is employed by a facility. In addition, because the legislation froze the medical fee schedule rates until July 1, 2013, there is reasonable necessity to set new rates at this time. For the facility fee schedule, the proposed increase to the current Montana base rate for inpatient facilities services is 2.7 percent and is based on the percent change in Medicare's inpatient base rate from 2012 to 2013. The proposed increase to the current Montana base rate for outpatient facility services is approximately 2 percent and is based on the percent change in Medicare's outpatient base rate from 2012 to 2013. The proposed changes take into account the data that was provided by Montana hospitals for development of the new fee schedule base rate. For the professional fee schedule, the rate is determined per statute and is the average of the conversion factors of the top five group health insurers who use the same RVU methodology, plus an additional 10 percent. The conversion factor for health services excluding anesthesiology is $60.52. The conversion factor for anesthesiology is $61.40. The legislation also provided that certain medical codes used to calculate reimbursements would automatically update based on standards as adopted by the Centers for Medicare and Medicaid Services on specific dates. Previous to the legislation, only two types of medical codes updated by statute. Chapter 167 provided that all the pertinent codes now update by statute. The proposed changes indicate how the department will inform customers of those statutory updates, so that customers can properly calculate reimbursements. The department proposes to make the proposed adoptions and amendments effective as of July 1, 2013, subject to input from comments received. The department reserves the right to make the adoptions and amendments effective at a later date, or not at all. The department reserves the right to adopt or amend only some of the rules identified in this notice. Any updates to these rules must be undertaken by the department according to the requirements of the Montana Administrative Procedure Act. This general statement of reasonable necessity applies to all of the rules proposed for adoption and amendment and will be supplemented as necessary for any given rule. 4. The proposed new rules provide as follows: NEW RULE I FACILITY SERVICE RULES AND RATES FOR SERVICES PROVIDED ON OR AFTER JULY 1, 2013 (1) The department adopts the fee schedules provided by this rule to determine the reimbursement amounts for medical services provided by a facility when a person is discharged on or after July 1, 2013. An insurer is obligated to pay the fee provided by the fee schedules for a service, even if the billed charge is less, unless the facility and insurer have a managed care organization (MCO) or preferred provider organization (PPO) arrangement that provides for a different payment amount. The fee schedules are available on-line at the Employment Relations Division web site and are updated as soon as is reasonably feasible relative to the effective dates of the medical codes as described below. The fee schedules are comprised of the following elements, which apply unless a special code or description is otherwise provided by rule: (a) The Montana Hospital Inpatient Services MS-DRG Reimbursement Fee Schedule, based on CMS version 30 for dates of discharge from July 1, 2013 to September 30, 2013. Pursuant to 39-71-704, MCA, the MS-DRG in effect on October 1 of each year are to be applied to a medical service for billing and reimbursement purposes; (b) The Montana Hospital Outpatient and ASC Fee Schedule Organized by APC. Pursuant to 39-71-704, MCA, the APC in effect on March 31 of each year are to be applied to a medical service for billing and reimbursement purposes; (c) The Montana Hospital Outpatient and ASC Fee Schedule Organized by CPT/HCPCS. Pursuant to 39-71-704, MCA, the CPT/HCPCS in effect on March 31 of each year are to be applied to a medical service for billing and reimbursement purposes; (d) The Montana CCI Code Edits listing with the Medically Unlikely Edits (MUE). Pursuant to 39-71-704, MCA, the CCI Codes Edits and MUE in effect on March 31 of each year are to be applied to a medical service for billing and reimbursement purposes; (e) The Montana CCR and other Montana CCR-based Calculations, based on CMS version 30 for dates of discharge from July 1, 2013 to September 30, 2013 Pursuant to 39-71-704, MCA, the CCR in effect on October 1 of each year are to be applied to a medical service for billing and reimbursement purposes; (f) The Montana Status Indicator (SI) Codes; (g) The Montana unique code, MT003, described in (11)(e) and (12)(f); (h) The base rates and conversion formulas established by the department; and (i) The publication, "Montana Workers' Compensation Facility Fee Schedule Instruction Set for Services Provided on or after July 1, 2013," incorporated by reference. (2) The application of the base rate depends on the date the medical services are provided. (3) Critical access hospitals (CAH) are reimbursed at 100 percent of that facility's usual and customary charges. CAH is a designation for a facility only. The reimbursement rate for CAH set by this rule does not include or apply to professional services provided at a CAH. Such professional services must be reimbursed pursuant to [New Rule IV], whether the professional is a CAH employee or is independent. (4) Any services provided by a type of facility not explicitly addressed by this rule or any services using new codes not yet adopted by this rule must be paid at 75 percent of the facility's usual and customary charges. (5) Any inpatient rehabilitation services, including services provided at a long- term inpatient rehabilitation facility must be paid at 75 percent of that facility's usual and customary charges. All CMS rehabilitation MS-DRGs are excluded from the Montana MS-DRG payment system and instead are paid at 75 percent of the facility's usual and customary charges regardless of the place of service. (6) DME, prosthetics, and orthotics, excluding implantables, will be paid according to the [New Rule III]. (7) Facility billing must be submitted on a CMS Uniform Billing (UB04) form, including the 837-l form when submitting electronically. (8) Hospitals and ASCs must, on an annual basis, submit to the department data reporting Medicare, Medicaid, commercial, unrecovered, and workers' compensation claims reimbursement in a standard form supplied by the department. The department may in its discretion conduct audits of any facility's financial records to confirm the accuracy of submitted information. (9) Medical provider services furnished in a hospital, CAH, ASC, or other facility setting, whether those professional services are furnished as an employee of the facility or as an independent professional, must be billed separately using the CMS 1500 and must be reimbursed using the professional fee schedule. Those reimbursements are excluded from any calculation of outlier payments. (10) Facility pharmacy reimbursements are made as follows: (a) If a facility pharmacy dispenses prescription drugs to an individual during the course of treatment in the facility, reimbursement is part of the MS-DRG or APC reimbursement. (b) If a patient's medications are not included in the MS-DRG or APC service bundle, the reimbursement will be according to ARM 24.29.1529. (11) The following applies to inpatient services provided at an acute care hospital: (a) The department may establish the base rate annually. (i) Effective July 1, 2013, the base rate is $7,944. (b) Payments for inpatient acute care hospital services must be calculated using the base rate multiplied by the Montana MS-DRG weight. For example, if the MS-DRG weight is 0.5, the amount payable is $3,972, which is the base rate of $7,944 multiplied by 0.5. (c) If a service falls outside of the scope of the MS-DRG and is not otherwise listed on a Montana fee schedule, including new codes not yet adopted, reimbursement for that service must be 75 percent of that facility's usual and customary charges. (d) The threshold for outlier payments is three times the Montana MS-DRG payment amount. If the outlier threshold is met, the outlier payment must be the MS-DRG reimbursement amount plus an amount that is determined by multiplying the charges above the threshold by the sum of 15 percent and the individual hospital's Montana CCR. (i) For example, if the hospital submits total charges of $100,000, the MS-DRG reimbursement amount is $25,000, and the CCR is 0.50, then the resultant calculation for reimbursement is as follows: The DRG reimbursement amount ($25,000) is multiplied by 3 to set the threshold trigger ($75,000). The threshold trigger ($75,000) is subtracted from the total charges ($100,000) resulting in the amount above the trigger ($25,000). The amount above the trigger ($25,000) is then multiplied by .65 (which is the CCR of .5 plus .15) to obtain the outlier payment ($16,250). The total payment to the hospital in this example would be the DRG reimbursement amount ($25,000) plus the outlier payment ($16,250) = $41,250. (ii) The department may establish the inpatient outlier amount annually. (e) Where an implantable exceeds $10,000 in cost, hospitals may seek additional reimbursement beyond the normal MS-DRG payment. Hospitals may seek additional reimbursement by using Montana unique code MT003. Any implantable that costs less than $10,000 is bundled in the implantable charge included in the MS-DRG payment. (i) Any reimbursement for implantables pursuant to this subsection must be documented by a copy of the invoice for the implantable (or purchase order if it lists the number of items, the wholesale price, and the shipping costs) and the operative report. Insurers are subject to privacy laws concerning disclosure of health or proprietary information. (ii) Reimbursement is set at a total amount that is determined by adding the actual amount paid for the implantable on the invoice, plus 15 percent of the actual amount paid for the implantable, plus the handling and freight cost for the implantable. Handling and freight charges must be included in the implantable reimbursement and are not to be reimbursed separately. (iii) When a hospital seeks additional reimbursement pursuant to this subsection, the implantable charge is excluded from any calculation for an outlier payment. (iv) Because the decision regarding an implantable is a complex medical analysis, this rule defers to the judgment of the individual physician and facility to determine the appropriate implantable. A payer may not reduce the reimbursement when the medical decision is to use a higher cost implantable. (f) All facility services provided during an uninterrupted patient encounter leading to an inpatient admission must be included in the inpatient stay, except air and ground ambulance services which are paid separately pursuant to the Montana Ambulance Fee schedule. Air ambulances whose charter and certification is through the federal Department of Transportation will be paid at 100 percent of their usual and customary charges pursuant to federal law. (g) The following applies to facility transfers when a patient is transferred for continuation of medical treatment between two acute care hospitals: (i) A hospital receiving a patient is paid the full MS-DRG payment plus any appropriate outliers and add-ons. (ii) Facility transfers do not include costs related to transportation of a patient to initially obtain medical care. Such reimbursements are covered by ARM 24.29.1409. (12) The following applies to outpatient services provided at an acute care hospital or an ASC: (a) The department may establish the base rate for outpatient service at acute care hospitals annually. (i) The base rate for hospital outpatient services is $107. (b) The department may establish the base rate for ASCs annually. (i) The base rate for ASCs is $80, which is 75 percent of the hospital outpatient base rate. (c) Payments for outpatient services in a hospital or an ASC are based on the Montana APC system. A single outpatient visit may result in more than one APC for that claim. The payment must be calculated by multiplying the base rate times the APC weight. If an APC code is available, the services must be billed using the APC code. If the APC weight is not listed or if the APC weight is listed as null, reimbursement for that service must be paid at 75 percent of the facility's usual and customary charges. Examples of such services include but are not limited to laboratory tests and radiology. If a service falls outside of the scope of the APC and is not otherwise listed on a Montana fee schedule, reimbursement for that service must be 75 percent of that facility's usual and customary charges. (d) CCI and MUE code edits must be used to determine bundling and unbundling of charges. (e) Outpatient medical services include observation in an outpatient status. (f) Where an outpatient implantable exceeds $500 in cost, hospitals or ASCs may seek additional reimbursement beyond the normal APC payment. In such an instance, the provider may bill using Montana unique code MT003. Any implantable that costs less than $500 is bundled in the APC payment. (i) Any reimbursement for implantables pursuant to this subsection must be documented by a copy of the invoice for the implantable (or purchase order if it lists the number of items, the wholesale price, and the shipping cost) and the operative report. Insurers are subject to privacy laws concerning disclosure of health or proprietary information. (ii) Reimbursement is set at a total amount that is determined by adding the actual amount paid for the implantable on the invoice plus 15 percent of the actual amount paid for the implantable, plus the handling and freight cost for the implantable. Handling and freight charges must be included in the implantable reimbursement and are not to be reimbursed separately. (g) The following applies to patient transfers from an ASC to an acute care hospital: (i) An ASC transferring a patient is paid the APC reimbursement. (ii) The acute care hospital is paid the MS-DRG or the APC reimbursement, whichever is applicable. (iii) Facility transfers do not include costs related to transportation of a patient to initially obtain medical care. Such reimbursements are covered by ARM 24.29.1409. AUTH: 39-71-203, MCA IMP: 39-71-704, MCA REASON: There is reasonable necessity to establish a new rule for facility services provided on or after July 1, 2013. The proposed rule is modeled after ARM 24.29.1432. The following indicates where proposed changes were made to that rule. The medical coding updates now required by 39-71-704(2)(d), MCA, are incorporated into the rule. The statute adopts CPT, HCPCS, MS-DRG, APC, CCR, CCI, and MUE changes annually. The proposed rule indicates that the department's web site will reflect those annual changes, so that customers can determine proper reimbursement amounts. In (1)(d) and (12)(d), Medically Unlikely Edits (MUEs) are added because they are needed for the Correct Coding Initiative (CCI) for accurate medical billing and payment. For (12)(d), the CCI and MUE determine correct bundling and unbundling. In (3), "critical access hospital" is a facility designation and not a professional services designation. The proposed change makes the rule match Medicare's approach to CAH billing by clarifying that the statutory reimbursement requirement for critical access hospitals only applies to the facilities, and that the professional services are not to be reimbursed at 100 percent of usual and customary charges. Professional services should be paid under the professional fee schedule. There is reasonable necessity for this change to clarify the separation of CAH facility designation from professional services for billing and reimbursement processes. Because some CAH have been billing professional services under the facility fee schedule, it is necessary to clarify they are to be reimbursed using the professional fee schedule. Regarding (4), the facility fee schedule is based on Medicare DRG, HCPCS, and APC codes and on the American Medical Association's CPT codes, which are updated more frequently than the Montana facility fee schedule. This clarifies how new codes not specifically referenced in the fee schedule are to be paid. In (6), the proposed change regarding DME, prosthetics, and orthotics makes the reimbursement the same for facilities and professionals and thereby creates uniformity and consistency for billing and reimbursement of these items. In (7), there is reasonable necessity to require facility bills be submitted on this specific form so insurers know that it is a facility claim and not a professional claim, which facilitates the processing of the claim. The UB04 form is a universally used form for facility billing, as is 837-I form for electronic billing. In (9), the change reflects the change in name of the nonfacility fee schedule to the professional fee schedule and makes clear that professional services provided at a facility must be reimbursed under the professional fee schedule rather than under the facility fee schedule. There is reasonable necessity for this change for clarification of billing and reimbursement processes because of a problem occurring in which facilities bill professional services, but do not use the professional fee schedule. In (10)(b), the proposed change makes the reimbursement the same for facilities and professionals and thereby creates uniformity in billing and payment of medications through ARM 24.29.1529 as well as both the facility and professional fee schedules. There is reasonable necessity to update the hospital inpatient base rate in (11)(a)(i) from the 2010 freeze. The new proposed base rate is an increase of 2.7 percent which aligns with Medicare's base rate increase from 2012 to 2013. As in (4), the proposed change in (11)(c) clarifies how new codes not specifically referenced in the fee schedule are to be paid. In (11)(e) and (12)(f), the American Medical Association code previously used for implantables is no longer a generic code, therefore there is reasonable necessity to create a Montana unique code, MT003, in this rule. The new language also clarifies the 15 percent allowed profit is not applied to handling and freight. There is reasonable necessity to require submission of the operative report to address the problem that some bills have sought reimbursement for all implantables on an invoice, not just the one used on the injured worker. There is reasonable necessity to change the outpatient base rate in (12)(a)(i) due to the 2010 freeze. The new proposed base rate is an increase of approximately 2.0 percent which aligns with Medicare's proposed base rate increase from 2012 to 2013. In (12)(c), the requirement to use an APC code if available prevents unbundling of charges. There is reasonable necessity to require that if an APC code is available, the services must be billed using the APC code because billing has unbundled charges to increase the reimbursement. Also, therapies are removed, because those services should be billed under the professional fee schedule. NEW RULE II SELECTION OF PHYSICIAN FOR CLAIMS ARISING ON OR AFTER JULY 1, 2013 (1) For claims arising on or after July 1, 2013, "treating physician" has the meaning provided by 39-71-116, MCA. (2) The worker has a duty to select a treating physician. Initial treatment in an emergency room or urgent care facility is not selection of a treating physician. The selection of a treating physician must be made as soon as practicable. A worker may not avoid selection of a treating physician by repeatedly seeking care in an emergency room or urgent care facility. The worker should select a treating physician with due consideration for the type of injury or occupational disease suffered, as well as practical considerations such as the proximity and the availability of the physician to the worker. (3) Any time after an insurer accepts liability for an injury or occupational disease or pays under a right of reservation, the insurer may recognize a treating physician selected by the injured worker. The treating physician is compensated at 100 percent of the fee schedule. (4) After acceptance of liability, the insurer may formally approve the treating physician selected by the injured worker as a designated treating physician or may choose a different physician to be the designated treating physician. The designated treating physician is compensated at 110 percent of the fee schedule. (a) The designated treating physician is responsible for coordination of all medical care, pursuant to 39-71-1101(2), MCA. The designated treating physician must agree to accept these responsibilities. (b) The insurer must provide formal notification of the designated treating physician by e-mail, facsimile, or letter to: (i) the injured worker; (ii) the current treating physician; and (iii) the designated treating physician. The effective date of the designation of treating physician is the date the insurer sends the notice of designation unless the physician declines within ten working days. (c) A health care provider who is referred by the designated treating physician is compensated at 90 percent of the fee schedule. These providers are not responsible for coordinating care or providing determinations as required by the designated treating physician. (5) Treatment from a physician's assistant or an advanced practice nurse, when the treatment is under the direction of the treating physician, does not constitute a change of physician and does not require prior authorization pursuant to ARM 24.29.1517. (6) Subject to 39-71-1101, MCA, ARM 24.29.1517, and any other applicable rule or statute, nothing in this rule prohibits the claimant from receiving treatment from more than one physician if required by the claimant's injury or occupational disease. AUTH: 39-71-203, MCA IMP: 39-71-704, MCA REASON: The 2011 Legislature, in amendments to 39-71-1101, MCA, gave insurers authority to approve or designate treating physicians. There is reasonable necessity to clarify the process by which this will take place. This rule is modeled after ARM 24.29.1510, but adds the new required procedure. NEW RULE III MEDICAL EQUIPMENT AND SUPPLIES FOR DATES OF SERVICE ON OR AFTER JULY 1, 2013 (1) For both facility and professional services, reimbursement for DME dispensed through a medical provider is determined by the professional fee schedule in effect on the date of service, except for prescription medicines as provided by ARM 24.29.1529. On March 31 of each year, or as soon thereafter as is reasonably feasible, the professional fee schedule with updated HCPCS will be posted on the web site. If a RVU is not listed or if the RVU is listed as null, reimbursement is limited to a total amount that is determined by adding the cost of the item plus the lesser of either $30.00 or 30 percent of the cost of the item plus the freight cost. An invoice documenting the cost of the equipment or supply must be sent to the insurer upon the insurer's request. (a) Copies of the instructions are available on the department web site or may be obtained at no charge from the Montana Department of Labor and Industry, P.O. Box 8011, Helena, Montana 59604-8011. (2) If a provider adds value to DME (such as by complex assembly, modification, or special fabrication), then the provider may charge a reasonable fee for those services. Merely unpacking an item is not a "value-added" service. While extensive fitting of devices may be billed for, simple fitting (such as adjusting the height of crutches) is not billable. AUTH: 39-71-203, MCA IMP: 39-71-704, MCA REASON: There is reasonable necessity to propose a new rule that is applicable to both facilities and professional services, for consistency and clarity. The proposed rule is modeled after ARM 24.29.1522, but adds facilities. The medical coding updates required by 39-71-704(2)(d), MCA, are incorporated into the rule. The statute adopts HCPCS changes annually. The proposed rule indicates that the department's web site will reflect those annual changes, so that customers can determine proper reimbursement amounts. NEW RULE IV PROFESSIONAL FEE SCHEDULE FOR SERVICES PROVIDED ON OR AFTER JULY 1, 2013 (1) The department adopts the professional fee schedule provided by this rule to determine the reimbursement amounts for medical services provided by a professional provider at a nonfacility or facility furnished on or after July 1, 2013. An insurer must pay the fee schedule or the billed charge, whichever is less, for a service provided within the state of Montana. The fee schedules are available on-line at the Employment Relations Division web site and are updated as soon as is reasonably feasible relative to the effective dates of the medical codes as described below. The fee schedules are comprised of the following elements, which apply unless a special code or description is otherwise provided by rule: (a) the CPT codes, including the HCPCS Level II codes. Pursuant to 39-71-704, MCA, the CPT and HCPCS in effect on March 31 of each year are to be applied to a medical service for billing and reimbursement purposes; (b) the RVU given in the RBRVS, based on the January 1, 2013 version of the RBRVS for services provided from July 1, 2013 to March 30, 2014. Pursuant to 39-71-704, MCA, the RVU given in the RBRVS in effect on March 31 of each year are to be applied to a medical service for billing and reimbursement purposes; (c) the Correct Coding Initiative (CCI) Edits, including the Medically Unnecessary Edits (MUE). Pursuant to 39-71-704, MCA, the CCI Codes Edits and MUE in effect on March 31 of each year are to be applied to a medical service for billing and reimbursement purposes; (d) the instruction set for the fee schedule called the "Montana Workers' Compensation Professional Fee Schedule Instruction Set for Services Provided on or after July 1, 2013". All the definitions, guidelines, RVUs, procedure codes, modifiers, and other explanations provided in the instructions set affecting the determination of individual fees apply. A copy of the instruction set may also be obtained at no charge from the Montana Department of Labor and Industry, P.O. Box 8011, Helena, Montana 59604-8011; (e) the conversion factors established by the department in ARM 24.29.1538; (f) modifiers, listed on the ERD web site; (g) the Montana unique code, MT001, described in (7); and (h) the Montana unique code, MT003, adopted and described in [New Rule I]. (2) the conversion factors, the CPT codes, and the RVUs used depend on the date the medical service, procedure, or supply is provided. The reimbursement amount is generally determined by finding the proper CPT code in the RBRVS then multiplying the RVU for that code by the conversion factor. For example, if the conversion factor is $5.00, and a procedure code has a unit value of 3.0, the most that the insurer is required to pay the provider for that procedure is $15.00. (3) Where a procedure is not covered by these rules or uses a new code, the insurer must pay 75 percent of the usual and customary fee charged by the provider to nonworkers' compensation patients unless the procedure is not allowed by these rules. (4) The maximum fee that an insurer is required to pay for a particular procedure is listed on the department web site and was computed using the RVU in the total facility or nonfacility column of the RBRVS times the conversion factor, except as otherwise provided for in these rules. (5) Professionals who furnish services in a hospital, CAH, ASC, or other facility setting must bill insurers using the CMS 1500. (6) Each provider is to limit services to those which can be performed within the provider's scope of license. For nonlicensed providers, the insurer is not required to reimburse above the related CPT codes for appropriate services. (7) When billing the services listed below, the Montana unique code, MT001, must be used and a separate written report is required describing the services provided. The reimbursement rate for this code is 0.54 RVUs per 15 minutes with time documented by the provider. These requirements apply to the following services: (a) face-to-face conferences with payor representative(s) to update the status of a patient upon request of the payor; or (b) a report associated with nonphysician conferences required by the payor; or (c) completion of a job description or job analysis form requested by the payor; or (d) written questions that require a written response from the provider, excluding the Medical Status Form. (8) Where a service is listed as "by report", the fee charged may not exceed the usual and customary fee charged by the provider to nonworkers' compensation patients. (9) It is the responsibility of the provider to use the proper procedure, service, and supply codes on any bills submitted for payment. The failure of a provider to do so, however, does not relieve the insurer's obligation to pay the bill, but it may justify delays in payment until proper coding of the services provided is received by the insurer. (10) Copies of the RBRVS are available from the publisher. Ordering information may be obtained from the department. AUTH: 39-71-203, MCA IMP: 39-71-704, MCA REASON: There is reasonable necessity to propose a new rule for professional services to change the name of the fee schedule from nonfacility fee schedule to professional fee schedule and to clarify the separation of professional services from facility services. The proposed rule is modeled after ARM 24.29.1533. The proposal makes clear that insurers are to pay the lesser of the fee schedule or the billed amount. It is also necessary to clarify that for those procedures with new codes, the reimbursement amount is 75 percent of usual and customary charges. The medical coding updates required by 39-71-704(2)(d), MCA, are incorporated into the rule. The proposed rule indicates that the department's web site will reflect those annual changes, so that customers can determine proper reimbursement amounts. The proposal adds MUE and CCI Edits and clarifies procedures for billing and reimbursement under the updated fee schedule. The proposed rule also cross references the Montana unique code MT003. 5. The rules proposed to be amended provide as follows, new matter underlined, deleted matter interlined: 24.29.1401A DEFINITIONS As used in subchapters 14 and 15, the following definitions apply: (1) through (9) remain the same. (10) "Designated Treating Physician" means a provider who is designated or formally approved by the insurer as the physician who will be coordinating the injured worker's care, according to the criteria in 39-71-1101, MCA. (10) through (12) remain the same but are renumbered (11) through (13).
(14) through (41) remain the same but are renumbered (15) through (42). AUTH: 39-71-203, MCA IMP: 39-71-116, 39-71-704, MCA REASON: There is reasonable necessity to define the term "designated treating physician" due to the changes to 39-71-116 and 39-71-1101, MCA. There is also reasonable necessity to amend the previous definition of "facility", because the definition included outpatient centers for primary care and infirmaries. The proposed changes address a problem that was occurring in which outpatient centers for primary care were not using the professional fee schedule and were instead billing professional fees as a facility charge. The proposed change removes those terms so that those entities may only bill using the professional fee schedule and may not bill using the facility fee schedule as well. The proposed change makes clear that outpatient centers for primary care, infirmaries, provider-based clinics, and offices of private professionals are not facilities and are to be reimbursed using the professional fee schedule. 24.29.1402 PAYMENT OF MEDICAL CLAIMS (1) As required by 39-71-704, MCA, charges submitted by providers must be the usual and customary charge billed for nonworkers' compensation patients. Payment of medical claims must be made in accordance with the schedule of facility and (a) remains the same. (b) For services provided on or after July 1, 2013, the department may assess a penalty on insurers for neglect or failure to use the correct fee schedule. It is the insurer's responsibility to ensure that the correct fee schedule is used by a third-party agent. (i) If the insurer does not properly process the entire medical bill using the correct fee schedule within 60 days of the receipt, the department may assess a $200.00 penalty for each occurrence. Each medical bill is an occurrence. (ii) This fine may be increased $100.00 per subsequent occurrence up to a maximum of $1,000.00. (iii) The department will not assess any penalty unless the provider submits adequate documentation that they attempted to resolve the bill with the insurer. If the insurer does not correct the error, the provider may forward the billing, explanation of benefits, if any, and documentation of contact and responses to the department. (iv) The insurer has the burden of proof to notify the department either by e-mail, facsimile, or letter that the bill(s) in question have been processed using the correct Montana fee schedule. (v) The amounts collected from the insurer must be deposited with the department to be used in the Workers' Compensation Administration Fund. (vi) An insurer may contest a penalty assessed pursuant to 39-71-107(5)(b), MCA, in a hearing conducted according to department rules. A party may appeal the final agency order to the workers' compensation court. The court shall review the order pursuant to the requirements of 2-4-704, MCA. (2) The insurer shall make timely payments of all medical (a) If the insurer does not pay the undisputed portions of a medical bill within 60 days of receipt, the department may assess a $200.00 penalty for each occurrence. Each medical bill is an occurrence. (b) This fine may be increased $100.00 per subsequent occurrence up to a maximum of $1,000.00. (c) The department will not assess any penalty unless the provider submits adequate documentation that they attempted to resolve the bill with the insurer. If the insurer does not pay the undisputed bill(s), the provider may forward the billing, explanation of benefits, if any, and documentation of contact and responses to the department. (d) The insurer has the burden of proof to notify the department either by e-mail, facsimile, or letter that the bill(s) in question have been paid. (e) The amounts collected from the insurer must be deposited with the department to be used in the Workers' Compensation Administration Fund. (f) An insurer may contest a penalty assessed pursuant to 39-71-107(5)(c), MCA, in a hearing conducted according to department rules. A party may appeal the final agency order to the workers' compensation court. (3) For services provided on or after July 1, 2013, the provider may charge 1 percent per month simple interest for unpaid balances on an undisputed medical bill on a claim pursuant to 39-71-704, MCA. The interest will start accruing on the 31st day after receipt of the bill by the insurer. The insurer must document receipt date of the bill or the receipt date will be three days after the bill was sent by the provider. If there is no payment within 30 days, the provider may bill the insurer 1 percent per month on the unpaid balance. For purposes of coding billed amounts, the Montana unique code MT005 is established by this rule and must be used by the provider to bill the interest amount. (4) For services provided on or after July 1, 2013, the insurer may charge a 1 percent per month simple interest for overpayment made to a provider pursuant to 39-71-704, MCA. The interest will start accruing on the 31st day after receipt by the provider of the reimbursement request. The provider must document the receipt date of the reimbursement request or the receipt date will be three days after the request was sent by the insurer. If there is no payment within 30 days of the provider's receipt of a reimbursement request or if the provider has not made alternative arrangements for repaying the overpayment within 30 days, the insurer may charge the provider 1 percent per month simple interest on the balance. (3) through (6) remain the same but are renumbered (5) through (8). (9) For compensable services provided on or after July 1, 2013, if the injured worker pays for the initial medical service prior to acceptance of the claim by the insurer, the injured worker must be reimbursed the entire amount they paid out-of-pocket within 30 days of acceptance. (a) If the insurer pays the provider, the provider must reimburse the injured worker. (b) Otherwise, the insurer must reimburse the injured worker. (7) remains the same but is renumbered (10). AUTH: 39-71-203, MCA IMP: 39-71-203, 39-71-510, 39-71-704, MCA REASON: Regarding (1), there is reasonable necessity to change the nonfacility fee schedule reference to the professional fee schedule to be consistent with the other rules and avoid confusion that has arisen regarding proper billing. Regarding (1)(b) and (2), Chapter 150, Laws of 2011 (House Bill 110) amended 39-71-107, MCA, to require workers' compensation insurers and their agents to pay medical providers using the proper fee schedule and in a timely manner. The legislation provided penalties on the insurer for failure to do either of these tasks. Subsections (1)(b)(i) through (vii) spell out the procedure and penalties for failure to use the proper fee schedule. Section (2) spells out the procedure and penalties for failure to pay on a timely basis. In addition, there is reasonable necessity to clarify the circumstances under which interest may be charged by either a provider or insurer for failure to pay or reimburse within 30 days. This is addressed above in (3) and (4). There is reasonable necessity for (5) to clarify how an injured worker is to be reimbursed for initial medical care after liability has been accepted, because currently injured workers are not always being timely reimbursed by insurers or providers. 24.29.1406 FACILITY BILLS (1) Facility bills (2) through (5) remain the same. AUTH: 39-71-203, MCA IMP: 39-71-105, 39-71-107, 39-71-203, 39-71-704, MCA REASON: There is reasonable necessity to require facility bills be submitted on this specific form so insurers know that it is a facility claim and not a professional claim, which facilitates the processing of the claim. The UB04 form is a universally used form for facility billing. 24.29.1432 FACILITY SERVICE RULES AND RATES FOR SERVICES PROVIDED AUTH: 39-71-203, MCA IMP: 39-71-203, 39-71-704, MCA REASON: There is a reasonable necessity to end the time frame for this rule, due to the extent of rule changes necessitated by New Rule I. 24.29.1510 SELECTION OF PHYSICIAN FOR CLAIMS ARISING AUTH: 39-71-203, MCA IMP: 39-71-704, MCA REASON: There is a reasonable necessity to end the time frame for this rule, due to the extent of rule changes necessitated by New Rule II. 24.29.1513 DOCUMENTATION REQUIREMENTS (1) When a treating physician, emergency room or similar urgent care facility sees the claimant for the first time (related to the claim), the provider must furnish to the insurer the initial report, the Medical Status Form (MSF), and the treatment bill (CMS 1500) within seven business days of the visit. (2) As soon as possible, upon completion of the initial diagnostic process, the (3) To be eligible for payment for subsequent visits, the provider must furnish to the insurer: (a) (b) remains the same. (c) (4) (b) remains the same but is renumbered (a). (5) remains the same. (6) The treating physician AUTH: 39-71-203, MCA IMP: 39-71-704, MCA REASON: There is reasonable necessity to incorporate the statutorily required use of the Medical Status Form. There is reasonable necessity to require bills be submitted on the national CMS 1500 for standardizing billing practices and to clarify the billing problems that have occurred between facilities and professional fees. Reference was deleted to an out-of-date and out-of-use preprinted department form for first report of treatment. Sections (2), (3), and (4) update and clarify current documentation requirements. 24.29.1515 FUNCTIONAL IMPROVEMENT STATUS (1) (2) remains the same. AUTH: 39-71-203, MCA IMP: 39-71-704, MCA REASON: The Montana Utilization and Treatment Guidelines (39-71-704(3), MCA) emphasize functional improvement as a standard for continuation of medical services. There is reasonable necessity for the proposed change in (1) to clarify the type of improvement and how it can be adequately documented. 24.29.1522 MEDICAL EQUIPMENT AND SUPPLIES PROVIDED BY A NONFACILITY FOR DATES OF SERVICE AUTH: 39-71-203, MCA IMP: 39-71-704, MCA REASON: There is a reasonable necessity to end the time frame for this rule, due to the extent of rule changes necessitated by New Rule III. 24.29.1533 NONFACILITY FEE SCHEDULE FOR SERVICES PROVIDED AUTH: 39-71-203, MCA IMP: 39-71-704, MCA REASON: There is a reasonable necessity to end the time frame for this rule, due to the extent of rule changes necessitated by New Rule IV. 24.29.1538 CONVERSION FACTORS FOR SERVICES PROVIDED ON OR AFTER JANUARY 1, 2008 – METHODOLOGY (1) remains the same. (2) The conversion factors are established annually by the department pursuant to 39-71-704, MCA. If the department determines that a conversion factor does not need to change from the previous year due to its analysis of the average in (5), the most current factor listed below applies. The conversion factor for goods and services, other than anesthesia services: (a) provided from January 1, 2008, to December 31, 2008, is $63.45; (b) provided (c) provided on or after July 1, 2013, is $60.52. (3) The conversion factors are established annually by the department pursuant to 39-71-704, MCA. If the department determines that a conversion factor does not need to change from the previous year due to its analysis of the average in (5), the most current factor listed below applies. The conversion factor for anesthesia services: (a) remains the same. (b) provided from January 31, 2009, to December 31, 2009, is $61.98; (c) provided (d) provided on or after July 1, 2013, is $61.40. (4) remains the same. (5) The conversion factor amounts for (a) The department annually surveys up to the top five insurers to collect information on the rates (the RBRVS conversion factors) paid during the current year for (b) remains the same. AUTH: 39-71-203, MCA IMP: 39-71-704, MCA REASON: There is reasonable necessity to amend the rule to update the conversion factors, which have been frozen since December 31, 2010 at the direction of the 2011 Legislature. The department was directed to research and evaluate the medical fee schedules and establish new rates effective July 1, 2013. Section (5) has been amended to reflect the change in name from "nonfacility" to "professional." 6. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Bill Wheeler, Department of Labor and Industry, P.O. Box 8011, Helena, MT 59604-8011; telephone (406) 444-6541; fax (406) 444-4140; or e-mail bwheeler@mt.gov, and must be received no later than 5:00 p.m., June 13, 2013. 7. Carolina Holien, Department of Labor and Industry, has been designated to preside over and conduct this hearing. 8. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 6 above or may be made by completing a request form at any rules hearing held by the department. 9. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems. 10. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor of Chapter 167 was contacted by e-mail on March 8, 2013. The primary bill sponsor of Chapter 150 was contacted by e-mail on April 10, 2013. /s/ Judy Bovington /s/ Pam Bucy Judy Bovington Pam Bucy Rule Reviewer Commissioner Department of Labor and Industry Certified to the Secretary of State April 15, 2013.
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