HAR §17-1739.1-5
HAR §17-1739.1-5. Methods of payment
Cite as Haw. Code R. § 17-1739.1-5
(a) State
payments for medical services shall not be provided to
anyone except the:
(1)
Provider; or
(2)
Recipient for settlement of a legal suit or
fair hearing.
(b) Payment to an individual shall be
prohibited, except in specified circumstances where
payment is reassigned to another person, facility, or
organization by the provider. The circumstances
include payment made:
(1) In accordance with a reassignment from the
provider to a government agency or
reassignment by a court order;
(2) To a business agent, such as a billing
service or an accounting firm, that
furnishes statements and receives payments
UNOFFICIAL
1739.1-13
in the name of the provider. The agent's
compensation for the service shall be
related to the cost of processing the
billing, and not on a percentage or other
basis of the amount that is billed or
collected, and the compensation
shall not be dependent upon the collection
of the payment; and
(3) To the following:
(A) The employer of the practitioner, if
the practitioner is required as a
condition of employment to turn over
the fees to the employer;
(B) The facility in which the service is
provided, if the practitioner has a
contract under which the facility
submits the claim; or
(C) A foundation, plan, or similar
organization operating an organized
health care delivery system, if the
practitioner has a contract under which
the organization submits the claim.
(c) Payment for any service furnished to a
recipient by a provider shall not be made to or
through a factor, either directly or by power of
attorney.
(d) Participation in the State's Medicaid
program shall be limited to providers who accept, as
payment in full, the amounts paid by Medicaid with the
exception of amounts specifically identified as the
recipient's spend-down or cost-share.
[Eff 10/26/01 ] (Auth: HRS §346-59) (Imp: 42
C.F.R. §§447.10, 447.15)