NDAC 92-01-02-45.1
Medical service provider responsibilities and billings
Cite as N.D. Admin. Code ยง 92-01-02-45.1
1.
A medical service provider shall complete the registration process and corresponding forms
identified by the organization to receive payments for services.
2.
A medical service provider may not submit a charge for a service which exceeds the amount
the medical service provider charges for the same service in cases unrelated to workers'
compensation injuries.
3.
All bills must be fully itemized, including ICD codes, and services must be identified by code
numbers found in the fee schedules or as provided in these rules. The definitions of
commonality in the guidelines found in the current procedural terminology must be used as
guides governing the descriptions of services, except as provided in the fee schedules or in
these rules. All bills must be submitted to the organization within one year of the date of
service or within one year of the date the organization accepts liability for the work injury or
condition.
4.
All medical service providers shall submit charges for medical services on the most current
version of the UB 04, CMS 1500, or ADA form, or the corresponding electronic versions of
each. All pharmacy charges must be submitted electronically to the organization's pharmacy
managed care vendor using the current pharmacy transaction standard. Accepted electronic
medical billing formats are outlined in section 92-01-02-45.2. Medical service bills may not
include charges for more than one workers' compensation claim, and must include the
following:
a.
The injured employee's full name and address;
b.
The injured employee's claim number;
c.
Date and nature of injury;
d.
The area of the body treated, with the appropriate ICD-10-CM code, including
identification of right or left, as appropriate;
e.
Date of service;
f.
Facility's name and address and telephone number where the service was rendered;
g.
Name of allied health care professional providing the service along with the rendering
allied health care professional's national provider identifier (NPI);
h.
Billing facility's name, address, zip code, telephone number; medical service provider's
NPI and tax identification number; along with the billing facility's NPI;
i.
Referring or ordering health care provider's NPI;
j.
Place of service;
k.
Appropriate procedure code or hospital revenue code;
l.
Charge for each service;
m.
Units of service;
n.
If dental, tooth numbers;
o.
Total bill charge.
5.
All records submitted by medical service providers, including notes, except those provided by
an emergency room health care provider and those on forms provided by the organization,
must be typed to ensure that they are legible and reproducible. Copies of office or progress
notes are required for all followup visits. Documentation must be authentic to the visit and may
not include cloned, copied, or irrelevant documentation for purposes of up-coding a service.
Office notes are not acceptable in lieu of requested narrative reports. Communications may
not refer to more than one claim. Addendums and late entries to notes or reports must be
signed and must include the date they were created. Addendums or late entries to notes or
reports created more than sixty calendar days after the date of service may be accepted at the
organization's sole discretion.
6.
Medical service providers shall submit with each bill a copy of medical records or reports
which support the necessity of a service being billed and its relationship to the work injury,
including the level, type, and extent of the service provided to injured employees.
Documentation required includes:
a.
Laboratory and pathology reports;
b.
X-ray findings;
c.
Operative reports;
d.
Office notes and physical, chiropractic, and occupational therapy progress notes;
e.
Consultation reports;
f.
History, physical examination, and discharge summaries;
g.
Special diagnostic study reports; and
h.
Special or other requested narrative reports.
7.
If the medical service provider does not submit records with a bill and still does not provide
those records upon request of the organization, the charges for which records were not
supplied may not be paid by the organization, unless the medical service provider submits the
records before the decision denying payment of those charges becomes final. The medical
service provider may also be liable for the penalty provided in subsection 6 of North Dakota
Century Code section 65-05-07.
8.
Disputes arising out of reduced or denied reimbursement are handled in accordance with
section 92-01-02-46. In all cases of accepted compensable injury or illness under the
jurisdiction of the workers' compensation law, a medical service provider may not pursue
payment from an injured employee for treatment, equipment, or products unless an injured
employee desires to receive them and has accepted responsibility for payment, or unless the
payment for the treatment was denied because:
a.
The injured employee sought treatment from that medical service provider for conditions
not related to the compensable injury or illness.
b.
The injured employee sought treatment from that medical service provider which was not
prescribed by the injured employee's primary health care provider. This includes ongoing
treatment by the allied health care professional.
c.
The injured employee sought treatment from that allied health care professional after
being notified that the treatment sought from that allied health care professional has been
determined to be unscientific, unproven, outmoded, investigative, or experimental.
d.
The injured employee did not follow the requirements of subsection 1 of North Dakota
Century Code section 65-05-28 regarding change of health care providers before
seeking treatment of the work injury.
e.
The injured employee is subject to North Dakota Century Code section 65-05-28.2, and
the health care provider requesting payment is not a preferred provider and has not been
approved as an alternative health care provider under subsection 2, 3, or 4 of North
Dakota Century Code section 65-05-28.2.
9.
A medical service provider may not bill for services not provided to an injured employee and
may not bill multiple charges for the same service. Rebilling must indicate that the charges
have been previously billed.
10.
Pursuant to North Dakota Century Code section 65-05-33, a medical service provider may not
submit false or fraudulent billings.
11.
Only one office visit designation may be used at a time except for those code numbers relating
specifically to additional time.
12.
If an injured employee is seen initially in an emergency department and is admitted
subsequently to the hospital for inpatient treatment, the services provided immediately prior to
the admission are part of the inpatient treatment.
13.
If an allied health care professional is asked to review records or reports prepared by another
allied health care professional, the allied health care professional shall bill for the review of the
records using CPT code 99080 with a descriptor of "record review".
14.
If there is a dispute over the amount of a bill or the necessity of services rendered, the
organization shall pay the undisputed portion of the bill and provide specific reasons for
nonpayment or reduction of each medical service code.
15.
If medical documentation outlines that a non-work-related condition is being treated
concurrently with the compensable injury and that condition has no effect on the compensable
injury, the organization may reduce the charges submitted for treatment. In addition, the allied
health care professional must notify the organization immediately and submit:
a.
A description or diagnosis of the non-work-related condition.
b.
A description of the treatment being rendered.
c.
The effect, if any, of the non-work-related condition on the compensable injury.
The allied health care professional shall include a thorough explanation of how the
non-work-related condition affects the compensable injury if the allied health care professional
requests authorization to treat the non-work-related condition. Temporary treatment of a
non-work-related condition may be allowed, upon prior approval by the organization, provided
the condition directly delays recovery of the compensable injury. The organization may not
approve or pay for treatment for a known pre-existing non-work-related condition for which the
injured employee was receiving treatment prior to the occurrence of the compensable injury,
which is not delaying recovery of the compensable injury. The organization may not pay for
treatment of a non-work-related condition when it no longer exerts any influence upon the
compensable injury. If treatment of a non-work-related condition is being rendered, the allied
health care professional shall submit reports monthly outlining the effect of treatment on both
the non-work-related condition and the compensable injury.
16.
In cases of questionable liability when the organization has not rendered a decision on
compensability, the medical service provider has billed the injured employee or other
insurance, and the claim is subsequently allowed, the medical service provider shall refund
the injured employee or other insurer in full and bill the organization for services rendered.
17.
The organization may not pay for the cost of duplicating records when covering the treatment
received by the injured employee. If the organization requests records in addition to those
listed in subsection 5, records prior to the date of injury, or records necessary for a
coordination of benefits determination, the organization shall pay a charge of no more than
twenty dollars for the first twenty-five pages and seventy-five cents per page after twenty-five
pages. In an electronic, digital, or other computerized format, the organization shall pay a
charge of thirty dollars for the first twenty-five pages and twenty-five cents per page after
twenty-five pages. This charge includes any administration fee, retrieval fee, and postage
expense.
18.
The medical service provider shall assign the correct approved billing code for the service
rendered using the appropriate provider group designation. Bills received without codes must
be returned to the medical service provider.
19.
Billing codes must be found in the most recent edition of the physician's current procedural
terminology; health care financing administration common procedure coding system; code on
dental procedures and nomenclature maintained by the American dental association; or any
other code listed in the fee schedules.
20.
A medical service provider shall comply within thirty calendar days with the organization's
request for copies of existing medical data concerning the services provided, the patient's
condition, the plan of treatment, and other issues pertaining to the organization's
determination of compensability, medical necessity, or excessiveness or the organization may
refuse payment for services provided by that medical service provider.
21.
A medical service provider may not bill an injured employee a fee for the difference between
the maximum allowable fee set forth in the organization's fee schedule and usual and
customary charges, or bill the injured employee any other fee in addition to the fee paid, or to
be paid, by the organization for individual treatments, equipment, and products.