(1) An issuer shall comply with section 1882(c) (3) of the Social Security Act (as enacted by section 4081(b) (2) (C) of the Omnibus Budget Reconciliation Act of 1987 (OBRA) , Pub. L. No. 100-203) by:
- (a) Accepting a notice from a medicare carrier on dually assigned claims submitted by participating physicians and suppliers as a claim form otherwise required and making a payment determination on the basis of the information contained in that notice;
- (b) Notifying the participating physician or supplier and the beneficiary of the payment determination;
- (c) Paying the participating physician or supplier directly;
- (d) Furnishing, at the time of enrollment, each enrollee with a card listing the policy name, number and a central mailing address to which notices from a medicare carrier may be sent;
- (e) Paying user fees for claim notices that are transmitted electronically or otherwise. Any cost may not be passed on to the insured as a separate distinguishable charge and the charge may not be separated from the premium; and
- (f) Providing to the secretary of health and human services, at least annually, a central mailing address to which all claims may be sent by medicare carriers.
- (2) Compliance with the above requirements must be certified on the medicare supplement insurance experience reporting form.
Authorizing statute(s): 33-1-313 and 33-22-904, MCA
Implementing statute(s): 33-15-303 and 33-22-901 through 33-22-924, MCA
History: NEW, 1990 MAR p. 1688, Eff. 9/1/90; AMD, 1993 MAR p. 1487, Eff. 7/16/93; AMD, 1996 MAR p. 1637, Eff. 6/21/96.