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06/01/2024 05:10 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20130&cosponId=14929
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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: June 23, 2014 04:16 PM
From: Representative Mario M. Scavello
To: All House members
Subject: LEGISLATION TO IMPROVE TIMELINESS OF PAYMENT FOR MEDICAL PROVIDERS UNDER WORKERS' COMPENSATION SYSTEM
 
In the near future, I plan to introduce the attached legislation to ensure that medical providers within the workers’ compensation system are paid for their services in a timely and fair manner. This legislation reflects constructive ideas that were proposed to me by medical providers (in particular by members of the PA Orthopedic Society). In general, the PA workers’ compensation system is performing well with respect to treatment of injured workers, as is reflected in the 2011 Medical Access Study done by the Bureau of Workers Compensation which showed 87% of injured workers were satisfied with their care. It is important to note that this same report noted that timeliness of payment to medical providers had improved, but the report still noted that 23% of providers surveyed felt timeliness of payment was a problem. In addition, the report noted that 9% of providers felt that having their fees “discounted” even though they were not participating in a PPO network was a major problem. In my opinion, it reasonable to expect employers/insurers to pay undisputed medical bills in the 30 day timeframe already required by the law, and it is reasonable to assume that providers should not have their bills “discounted” without a written contract with a PPO/Employer/Insurer.

In order to enact changes to the law to ensure that providers are treated fairly within the workers compensation system, my legislation proposes the following reasonable reforms:

• Prohibits discounting of provider fees unless there is a written contract with an employer/insurer/agent of the insurer. Often, “downstream” providers (who have no contract with PPO or other third party administrators) are reimbursed at rates lower than they originally billed, even though there was no contract agreeing to do so.

• Requires that employers/insurers accept electronic reports and billing after January 1, 2016. Providers complain about the added expense of still having to utilize paper reports/billings.

• Require that employers/insurers implement updated fee schedule by January 10th of each year. The W/C medical fee schedule is updated every year with a COLA. The Department of Labor & Industry must have the updated rates in place by January 1, 2014. Many providers have stated that some insurers do not reimburse them at updated rates until February or March.
• Strengthens application for Fee Review process to create stiffer penalties if employe/insurer did not pay undisputed medical bills in timely manner. Providers argue that there must be stronger penalties to ensure that employers/insurers make the effort to pay undisputed bills on time.

• Creates new penalty petition process to enforce payment guidelines.

As Chairman of the Labor & Industry Committee, I believe this legislation offers some constructive ideas to ensure the current law is enforced. I expect to conduct one or more public hearings on this legislation in order to produce a final product that has as much consensus as possible. Again, the medical treatment side of our workers compensation system appears to be working in a satisfactory manner with respect to treating injured workers, but it is not perfect, and can always be improved.

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