NJ DOBI Bulletin 2007-23
Penalty for Failure to Obtain Preauthorization, Precertification or Acknowledgment of Prior Notice Levied by Organized Delivery Systems on Network Providers
State of New Jersey
DEPARTMENT OF BANKING AND INSURANCE
DIVISION OF INSURANCE
PO BOX 325
TRENTON, NJ 086250325
JON S. CORZINE
STEVEN M. GOLDMAN
Governor
TEL (609) 2925427
FAX (609) 6330527
Commissioner
Visit us on the Web at www.njdobi.org
New Jersey is an Equal Opportunity Employer • Printed on Recycled Paper and Recyclable
BULLETIN 0723
TO:
ALL INSURERS AUTHORIZED TO TRANSACT BUSINESS IN NEW JERSEY,
HEALTH SERVICE CORPORATIONS, HEALTH MAINTENANCE
ORGANIZATIONS AND ORGANIZED DELIVERY SYSTEMS
FROM:
STEVEN M. GOLDMAN, COMMISSIONER
RE:
PENALTY FOR FAILURE TO OBTAIN PREAUTHORIZATION,
PRECERTIFICATION OR ACKNOWLEDGMENT OF PRIOR NOTICE LEVIED
BY ORGANIZED DELIVERY SYSTEMS ON NETWORK PROVIDERS
It has come to the Department’s attention that some organized delivery systems (ODS)
are administratively denying and withholding all reimbursement on claims submitted by network
providers for medically necessary services which would otherwise be covered but for the
provider’s failure to obtain required precertification, preauthorization or acknowledgment of
prior notice (collectively “administrative procedures”).
Such denial violates N.J.A.C.
11:24B:5.2(c)6, which permits a penalty of no greater than 50% of what would otherwise have
been paid to the network provider had the administrative procedures been satisfied, provided
such penalty is specified in the provider agreement.
The purpose of this bulletin is to remind ODSs and the insurance companies, health
service corporations and health maintenance organizations that contract with ODSs of the
maximum penalty that that can be levied on provider claims for medically necessary covered
services for failure to comply with the ODS’s or carrier’s administrative procedures. In order to
avoid enforcement action by the Department, ODSs that are not in compliance with N.J.A.C
corporations and health maintenance organizations that contract with ODSs of the
maximum penalty that that can be levied on provider claims for medically necessary covered
services for failure to comply with the ODS’s or carrier’s administrative procedures. In order to
avoid enforcement action by the Department, ODSs that are not in compliance with N.J.A.C.
11:24B:5.2(c)6 are advised to submit for the Department’s approval a Plan of Correction (POC)
describing how the ODS intends to come into compliance, including remediation with interest of
all improperly denied claims, on or before February 1, 2008. POCs and questions about this
bulletin should be submitted to:
Assistant Commissioner, Life and Health
Department of Banking and Insurance
20 West State Street
P. O. Box 325
Trenton, NJ 08625
Phone: (609) 292 – 5427, x 50333
Email: gale.simon@dobi.state.nj.us
2
The Department reserves the right to impose penalties of not less than $250 or more
than $10,000 per day pursuant to N.J.S.A. 17:48H29 for violations of N.J.A.C. 11:24B5.2. The
Department also intends to monitor provider arbitration filings and may impose additional
penalties on ODSs that fail to take timely corrective action, resulting in providers being required
to file appeals and arbitration requests in order to receive proper payment under N.J.A.C.
11:24B:5.2(c)6.
12/7/07
/s/ Steven M. Goldman
Date
Steven M. Goldman
Commissioner
Inoord/bbODSBulletin