(b) Effect of concurrent applicability of the Federal Medical Care Recovery Act -. This section is not applicable to Medicare supplemental plans: (1) That have been in continuous effect without amendment since prior to November 5, 1990; and. A facility of the Uniformed Services means any medical or dental treatment facility of the Uniformed Services (as that term is defined in 10 U.S.C. 1095 and this part, such as submitting to the third party payer (or other entity involved in adjudicating a claim) any requests or documentation that might be required by the third party payer (or other entity), if consistent with this part, to facilitate payment under this part. (i) Reasonable and generally applicable provisions of a third party payer's plan requiring pre-admission screening, second surgical opinions, retrospective review or other similar utilization management activities may be permissible grounds to refuse or reduce third party payment if such refusal or reduction is required by the third party payer's plan. 1095(e)(1), the United States may institute and prosecute legal proceedings against a third party payer to enforce a right of the United States under 10 U.S.C. (1) In general. (d) Medical services and subsistence charges included. No-fault insurance includes personal injury protection and medical payments benefits in cases involving personal injuries resulting from operation of a motor vehicle. 1095(b) are inoperative. 301; 10 U.S.C. (3) DRG relative weights. (d) Assignment of benefits or other submission by beneficiary not necessary. (ii) Professional charges (which refers to professional services provided by physicians and certain other providers). This contact form is only for website help or website suggestions. A workers' compensation program or plan includes any such program or plan: (1) Operated by or under the authority of any law of any State (or the District of Columbia, American Samoa, Guam, Puerto Rico, and the Virgin Islands). A preferred provider organization (PPO) is any arrangement in a third party payer plan under which coverage is limited to services provided by a select group of providers who are members of the PPO or incentives (for example, reduced copayments) are provided for beneficiaries under the plan to receive health care services from the members of the PPO rather than from other providers who, although authorized to be paid, are not included in the PPO. (f) Miscellaneous Healthcare services. (1) Section 1095(f) and section 1097b(b) both address the issue of computation of rates. 1095 and the Federal Medical Care Recovery Act (FMCRA), Pub. 3701, et seq., 28 CFR part 11, and 4 CFR parts 101-104 regarding collection of indebtedness due the United States shall be available to effect collections pursuant to 10 U.S.C. (7) Charges for aero-medical evacuation will be based on the full cost of the aero-medical evacuation services. (b) Availability of healthcare services unaffected. (e) Exclusion of Medicare supplemental plans prior to November 5, 1990. (16) Any no fault insurance plan, including any personal injury protection plan or medical payments benefit plan for personal injuries arising from the operation of a motor vehicle. 220.2 Statutory obligation of third party payer to pay. (2) The general rule is that reasonable charges under this part are based on the rates used by CHAMPUS under 32 CFR 199.14 to reimburse authorized providers. A Medicare supplemental plan is required to pay only to the extent that the plan would have incurred a payment obligation if the services had been furnished by a Medicare eligible provider. (iii) Such provisions are not permissible if they would not affect a third party payer's obligation under this part. In general, 10 U.S.C. (iv) As an exception to the rule of paragraph (b)(2)(iii) of this section, if the settlement agreement allocates certain amounts for specific future medical services, the facility of the Uniformed Services is entitled to reimbursement for those specific services and items provided resulting from the work-related injury, illness, or disease up to the amount of the lump-sum settlement allocated to future expenses. L. 87-693 (42 U.S.C. Please do not provide confidential (1) Generally applicable coverage provisions. No provision of an employer sponsored program or plan that purports to make ineligible for coverage individuals who are uniformed services health care beneficiaries shall be permissible. Pursuant to 10 U.S.C. Comments or questions about document content can not be answered by OFR staff. (2) Only one deductible charge shall be made per hospital admission (or Medicare benefit period), regardless of whether the admission is to a facility of the Uniformed Services or a Medicare certified civilian hospital. This section is not applicable to automobile liability insurance and no-fault automobile insurance plans: (2) For which the facility of the Uniformed Services (or other authorized representative of the United States) makes a determination, based on documentation provided by the third party payer, that the policy or plan clearly excludes payment for services covered by this section. 1095(a)(1) and the definitions of 10 U.S.C. (iii) Provide for offsets and/or refunds to ensure that Medicare supplemental insurers are not required to pay a limited benefit more than one time in cases in which beneficiaries receive similar services from both a facility of the uniformed services and a Medicare certified provider; and. The eCFR is displayed with paragraphs split and indented to follow the hierarchy of the document. 1095 to that prevailing rate for those services. Any plan (including any plan, policy, program, contract, or liability arrangement) that provides compensation, coverage, or indemnification for expenses incurred by a beneficiary for health or medical services, items, products, and supplies. As used in this section, beneficiaries includes active duty members. Third party payer plan. Such beneficiaries are also required to provide correct information regarding whether particular health care services might be covered by a third party payer's plan, including services arising from an accident or workplace injury or illness. (2) Generally applicable utilization review provisions. In order to establish that a term or condition of a third party payer's plan is permissible, the third party payer must provide appropriate documentation to the facility of the Uniformed Services. 5 U.S.C. This document is available in the following developer friendly formats: Information and documentation can be found in our Automobile liability insurance. (8) Ambulatory (outpatient) institutional services on or after October 1, 2017. The Assistant Secretary of Defense (Health Affairs) may authorize exceptions to this section, not inconsistent with law, based on extraordinary circumstances. (1) Lump-sum commutation of future benefits. For this purpose, the DRG relative weights used for CHAMPUS pursuant to 32 CFR 199.14(a)(1) shall be used. A workers' compensation program or plan is any program or plan that provides compensation for loss, to employees or their dependents, resulting from the injury, disablement, or death of an employee due to an employment related accident, casualty or disease. Automobile liability insurance includes: (1) Circumstances in which liability benefits are paid to an injured party only when the insured party's tortious acts are the cause of the injuries; and. The term has the same meaning as Medicare supplemental policy in section 1882(g)(1) of the Social Security Act (42 U.S.C. 1095, this part, or other applicable law, third party payers are not required to treat claims arising from services provided in or through facilities of the Uniformed Services more favorably than they treat claims arising from services provided in other facilities or by other health care providers. Among these are to include in the inpatient hospital service charges adjustments related to direct medical education and capital costs (which in the CHAMPUS system are handled as annual pass through payments). Facilities of the Uniformed Services also include several former Public Health Services facilities that are deemed to be facilities of the Uniformed Services pursuant to section 911 of Pub. learn more about the process here. Under 10 U.S.C. 10 U.S.C. The official, published CFR, is updated annually and available below under (2) If collections are sought under paragraph (c) of this section, the effective date of such collections will be prospective from the date the Assistant Secretary of Defense (Health Affairs) provides notice of such collections, and will exempt policies in continuous effect without amendment or renewal since the date the Assistant Secretary of Defense (Health Affairs) provides notice of such collections. 1095 which exceeds the medical services or subsistence charge, will satisfy all of the third party payer's obligation arising from the care provided by the facility of the Uniformed Services on that occasion. 220.13 Special rules for workers' compensation programs. 10, 1998; 65 FR 7729, Feb. 16, 2000]. 1095 and this part. (c) Charges for Healthcare services other than inpatient deductible amount. (2) Uniformed Services beneficiaries are required to take other reasonable steps to cooperate with the efforts of the facility of the Uniformed Services to make collections under 10 U.S.C. result, it may not include the most recent changes applied to the CFR. (7) Any other plan or program that is designed to provide compensation or coverage for expenses incurred by a beneficiary for healthcare services or products. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. (b) Supplemental plans. 220.9 Rights and obligations of beneficiaries. (ii) Such provisions are not permissible if they are applied in a manner that would result in claims arising from services provided by or through facilities of the Uniformed Services being treated less favorably than claims arising from services provided by other hospitals or providers. (1) The Assistant Secretary of Defense (Health Affairs) may establish charge amounts for Medicare supplemental plans to collect reasonable charges for inpatient and outpatient copayments and other services covered by the Medicare supplemental plan. Pursuant to 10 U.S.C. 220.11 Special rules for automobile liability insurance and no-fault automobile insurance. The term has the same meaning as set forth in the CHAMPUS regulation (32 CFR 199.2). 1074(a)). Covered beneficiaries are all healthcare beneficiaries under chapter 55 of title 10, United States Code, except members of the Uniformed Services on active duty (as specified in 10 U.S.C. (2) Operated through an insurance arrangement or on a self-insured basis by an employer. (a) Active duty members covered. Medical services charges pursuant to 10 U.S.C. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. (1) Express exclusions or limitations in third party payer plans that are inconsistent with 10 U.S.C. (iii) Except as specified in paragraph (b)(2)(iv) of this section, if a lump-sum compromise settlement forecloses the possibility of future payment or workers' compensation benefits, medical expenses incurred by a facility of the Uniformed Services after the date of the settlement are not reimbursable under this section. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. It also includes copies of policies, employee certificates, booklets, or handbooks, or other documentation detailing the plan's health care benefits, exclusions, limitations, deductibles, co-insurance, and other pertinent policy or plan coverage and benefit information. If a compromise settlement allocates a portion of the payment for medical expenses and also gives reasonable recognition to the income replacement element, that apportionment may be accepted as a basis for determining the payment obligation of a workers' compensation program or plan under this section to a facility of the Uniformed Services. information or personal data. Subscribe to: Changes in Title 32 :: Subtitle A :: Chapter I :: Subchapter M :: Part 220. The common characteristic of such a plan or program is the provision of compensation regardless of fault, in accordance with a delineated schedule based upon loss or impairment of the worker's wage earning capacity, as well as indemnification or compensation for medical expenses relating to the employment related injury or disease. An APU is specially designated and is accounted for separately from any outpatient clinic. This part establishes the Department of Defense interpretations and requirements applicable to all healthcare services subject to 10 U.S.C. An ambulatory procedure visit is a type of outpatient visit in which immediate (day of procedure) pre-procedure and immediate post-procedure care require an unusual degree of intensity and are provided in an ambulatory procedure unit (APU) of the facility of the Uniformed Services. (c) Third party payer plans prior to April 7, 1986. In such cases, the authority is concurrent and the United States may pursue collection under both statutory authorities. A copy of the completed and signed DoD insurance declaration form will be provided to payers upon request, in lieu of a claimant's statement or coordination of benefits form. 1095 is to pay the facility of the uniformed service or other authorized representative of the United States. A provision in a third party payer's plan that purports to disallow or limit payment for services provided by a government entity or paid for by a government program (or similar exclusion) is not a permissible ground for refusing or reducing third party payment. Special rules for workers' compensation programs. For purposes of billing third party payers other than automobile liability and no-fault insurance carriers, inpatient billings are subdivided into two categories: (i) Institutional charges (which refer to routine service charges associated with the facility encounter or hospital stay and ancillary charges). A separate charge shall be made for each item provided. A separate drafting site is available with paragraph structure matching the official CFR formatting. 1095 or this part on the grounds that the payer considers itself due a refund from a facility of the Uniformed Services. There are some exceptions to this general rule, as outlined in this section. [55 FR 21748, May 29, 1990, as amended at 65 FR 7728, Feb. 16, 2000]. Under 10 U.S.C. However, a PPO does not include any organization that is recognized as a health maintenance organization. (c) The authorities provided by 31 U.S.C. (d) A third party payer may not, without the consent of a U.S. Government official authorized to take action under 10 U.S.C. CHAMPUS supplemental plan.

The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. (a) No additional cost share. A separate charge shall be made for each immunization, injection or medication administered. 1078 or subsistence charges pursuant to 10 U.S.C. Special rules for Medicare supplemental plans. This is an automated process for user convenience only and is not intended to alter agency intent or existing codification. The determination of the third party payer's prevailing rate shall be based on a review of valid contractual arrangements with other facilities or providers constituting a majority of the services for which payment is made under the third party payer's plan. The only way for a third party payer to satisfy its obligation under 10 U.S.C. Healthcare services include inpatient, outpatient, and designated high-cost ancillary services. 1095 or this part. Costs for each DRG will be determined by multiplying the standardized amount per discharge by the DRG relative weight. Learn more about the eCFR, its status, and the editorial process. Treatment provided to an individual other than a transient patient, who is admitted (i.e., placed under treatment or observation) to a bed in a facility of the uniformed services that has authorized beds for inpatient medical or dental care. (4) Adjustments for outliers, area wages, and indirect medical education. (b) This part applies to all facilities of the Uniformed Services; the Department of Transportation administers this part with respect to facilities to the Coast Guard, not the Department of Defense. 1095, 1097b(b), and 1079b. A third party payer plan is any plan or program provided by a third party payer, but not including an income or wage supplemental plan. 1075 or 1078). Certain adjustments are made to reflect differences between the CHAMPUS payment system and MHS billing solutions. Any provision of a law or regulation of a State or political subdivision thereof that purports to establish any requirement on a third party payer that would have the effect of excluding from coverage or limiting payment, for any health care services for which payment by the third party payer under 10 U.S.C. [55 FR 21748, May 29, 1990, as amended at 65 FR 7728, Feb. 16, 2000; 67 FR 57740, Sept. 12, 2002]. This content is from the eCFR and may include recent changes applied to the CFR. A provision in a third party payer plan, other than a Medicare supplemental plan under 220.10, that seeks to make Medicare the primary payer and the plan the secondary payer or that would operate to carve out of the plan's coverage an amount equivalent to the Medicare payment that would be made if the services were provided by a provider to whom payment would be made under Part A or Part B of Medicare is not a permissible ground for refusing or reducing payment as the primary payer to the facility of the Uniformed Services by the third party payer unless the provision: (i) Expressly disallows payment as the primary payer to all providers to whom payment would not be made under Medicare (including payment under Part A, Part B, a Medicare HMO, or a Medicare+Choice plan); and. The availability of healthcare services in any facility of the Uniformed Services will not be affected by the participation or nonparticipation of a Uniformed Services beneficiary in a health care plan of a third party payer. 220.10 Special rules for Medicare supplemental plans. These examples are not all inclusive. A relative weight for each DRG shall be the same as the DRG weights published annually for hospital reimbursement rates under CHAMPUS pursuant to 32 CFR 199.14(a)(1). chapter 55 of title 10, United States Code. 1095 and this part, including identification of policy numbers, claim numbers, involved parties and their representatives, and other relevant information. Redesignated and amended at 65 FR 7729, 7731, Feb. 16, 2000; 67 FR 57742, Sept. 12, 2002]. Section 1097b(b) elaborates on the methods for computation of reasonable charges. If you work for a Federal agency, use this drafting site when drafting amendatory language for Federal regulations: switch to switch to drafting.ecfr.gov. (10) Any integrated delivery system (IDS) plan. Thus, except in cases covered by 220.8(k), payment of the claim made pursuant to 10 U.S.C. (a) Basic rule. The obligation of a Medicare supplemental plan to pay shall be determined as if the facility of the Uniformed Services were a medicare-eligible provider and the services provided as if they were Medicare-covered services. 1095 and this part, offset or reduce any payment due under 10 U.S.C. For any patient of a facility of the Uniformed Services who indicates that he or she is a beneficiary of a third party payer plan, the usual medical services or subsistence charge will not be collected from the patient to the extent that payment received from the payer exceeds the medical services or subsistence charge.

(4) Automobile liability insurance underwriter or carrier. (14) Any Medicare supplemental insurance plan. Any third party payer that can satisfactorily demonstrate a prevailing rate of payment in the same geographic area for the same or similar aggregate groups of services that is less than the charges prescribed under this section may, with the agreement of the facility of the Uniformed Services (or other authorized representatives of the United States), limit payments under 10 U.S.C. (5) Identification of professional and institutional charges. [65 FR 7730, Feb. 16, 2000, as amended at 67 FR 57742, Sept. 12, 2002]. (ii) If a dual beneficiary is admitted first to a facility of the Uniformed Services and secondly to a Medicare-certified hospital within 60 days of discharge from the facility of the Uniformed Services, the facility of the Uniformed Services shall refund to the Medicare supplemental insurer any inpatient hospital deductible that the insurer paid to the facility of the Uniformed Services so that it may pay the deductible to the Medicare-certified hospital. Pursuant to 10 U.S.C. contact the publishing agency. The second method uses Itemized Resource Utilization (IRU) rates based on the cost to provide inpatient institutional resources. Inpatient hospital care. 1095. If the third party payer's plan includes a requirement for a deductible or copayment by the beneficiary of the plan, then the amount the United States may collect from the third party payer is the reasonable charge for the care provided less the appropriate deductible or copayment amount. The Department of Defense may, but is not required by this part, to adjust charge determinations in particular cases for length-of-stay outliers (long stay and short stay), cost outliers, area wage rates, and indirect medical education. (2) Standard amount. 1074(b), 1076(a), or 1076(b). Automobile liability insurance means insurance against legal liability for health and medical expenses resulting from personal injuries arising from operation of a motor vehicle. If any such adjustments are used, the method shall be comparable to that used for CHAMPUS hospital reimbursements pursuant to 32 CFR 199.14(a)(1)(iii)(E), and the calculation of the standardized amount under paragraph (a)(2) of this section will reflect that such adjustments will be used. In cases in which the right of the United States to collect from the automobile liability insurance carrier is premised on establishing some tort liability on some third person, matters regarding the determination of such tort liability shall be governed by the same substantive standards as would be applied under the FMCRA including reliance on state law for determinations regarding tort liability. Pursuant to the general duty of third party payers under 10 U.S.C. No-fault insurance means an insurance contract providing compensation for health and medical expenses relating to personal injury arising from the operation of a motor vehicle in which the compensation is not premised on who may have been responsible for causing such injury. Displaying title 32, up to date as of 7/18/2022. (c) Claim from United States exclusive. (3) Exclusion of military beneficiaries. Such rates, representative of costs, are also endorsed by section 1079(a). With respect to services provided on or after January 1, 2003, reasonable charges for anesthesia services will be based on an average cost per minute of service in all Military Treatment Facilities. Reasonable charges for inpatient institutional services provided on or after October 1, 2017, are based on either of two methods as determined by the ASD(HA). https://www.ecfr.gov/current/title-32/subtitle-A/chapter-I/subchapter-M/part-220, Collection from Third Party Payers of Reasonable Charges for Healthcare Services. (1) Uniformed Services beneficiaries are required to provide correct information to the facility of the Uniformed Services regarding whether the beneficiary is covered by a third party payer's plan.
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