| State/Citation |
Status of Law |
State Contact |
| Alabama
HB164 (2001)
Amends Insurance General Provisions §
27-1-19
Reimbursement of Health Care Providers
Rules of Alabama State Board of Health
Bureau of Health Care Standards
Chapter 420-5-6 HMOs
420-5-6.06 (10)
|
30 calendar days
for clean electronic claims & 45 calendar days for clean
written claims.
Interest on overdue claims is 1.5%.
|
For insurance
plans: Alabama Department of Insurance, (334) 269-3550 |
| Alaska
Division of Alaska Insurance
Administrative Code
3 AAC 26070
|
30 days for a
clean claim to be paid. |
Alaska Division of
Insurance
(907) 465-2515
|
| Arizona
Title 20 Insurance
Chapter 2 Transaction of Insurance Business
Article 6 Unfair Practices and Frauds
§ 20-462 Timely Payment of Claims
|
Claims must be
paid within 30 days or the time period specified in the
contract. Interest on overdue claims at a rate that is
equal to the legal rate. |
Arizona Department
of Insurance
(800) 325-2548
|
| Arkansas
Insurance Regulations
Rule and Regulation 43
Unfair Claims Settlement Practices
|
30 days for
electronic clean claims and 45 days for non-electronic clean
claims. Penalty is 12% per year for late payment. |
Arkansas
Department of Insurance
(800) 282-9134
|
| California
Health and Safety Codes
Division 2. Licensing Provisions Chapter 2.2. Health Care
Service Plans, Article 5. Standards
1371.35* Time limits for reimbursement, contest, or denial of
certain claims; What constitutes complete claim; Claims exempted
from time limits
Insurance Code § 10123.13 Reimbursement
of Claims
|
Claims must be
paid within 45 working days for an HMO, 30 days for a health
service plan. Interest accrues at 15% per annum. |
California
Department of Managed Healthcare
(800) 400-0815
|
| Colorado
10-16-106.5
Prompt Payment of Claims Legislative Declaration
Title 10 Article 16
106.5 Prompt Payment of Claims - Legislative Declaration,
Effective January 1, 2000
|
As of January 1,
2000, claims must be paid in 30 days if submitted
electronically, 45 if not. Penalty is 10% annually. After
90 days an extra penalty of 10% of the total amount of claim is
added. |
Colorado Division
of Insurance
(303) 894-7499
|
| Connecticut
Public Act No. 98-163, Insurance General
Statutes § 38a-816
An act concerning health provider billing practices and
requiring health insurers to pay or reimburse providers on a
timely basis
|
Claims must be
paid within 45 working days. Interest accrues at 15% per annum. |
Connecticut
Department of Insurance (Consumer Affairs)
(860) 297-3800
|
| Delaware
Department of Insurance
Regulation 80
Standards for Prompt, Fair and Equitable Settlement of Claims
for Health Care Services
|
Clean claims
must be paid in 45 days. Penalty interest at maximum rate
allowable to lenders under Title 6 §2301A. |
Delaware
Department of Insurance
(302) 739-4251
|
| District of
Columbia
Title 31 Ch. 31A Section 331 et faq 2002
Supplement
|
30 days for clean
claim. Interest penalty for overdue claims is 1.5% from 31st
to 60th day. 61st to 120th
day penalty is 2% and after 120th interest penalty is
2.5%. |
District of
Columbia Department of Insurance
(202) 727-8000
|
| Florida
Title 37 § 641.3155 Provider contracts;
payment of claims
|
Electronic clean
claims must be paid in 20 days and paper claim paid in 40 days.
Interest penalty for overdue claims is 12% per year.
|
Consumer
Affairs-Florida Department of Insurance
(850) 413-3100
|
| Georgia
Title 33 Insurance
§ 33-24-59.4
|
Claims must be
paid within 15 days. Interest accrues at 18% per annum. |
Georgia Office of
Insurance (Consumer Services)
(404) 656-2056
|
| Hawaii
Chapter 431:13 Reimbursement for Health
Insurance Benefits
|
Clean, paper
claims must be paid in 30 days, electronic claims within 15
days. Interest accrues at 15%. Commissioner may impose fines. |
Hawaii Medical
Association
(808) 536-7702
|
| Idaho |
Does not have a
prompt payment law. |
|
| Illinois
215 ILCS 5/368a
Timely Payment for Health Care Services
|
Clean claims must
be paid in 30 days. Interest accrues at 9% per annum. |
Illinois
Department of Insurance
(312) 814-2427
|
| Indiana
IC 27-8-5.7 Accident and Sickness
Insurance Provider Payment
|
Paper claims must
be paid in 45 days, 30 days for electronic claims. The
interest rate provided under §IC 12-15-27-3(7)(A). |
Indiana Department
of Insurance (Consumer Services)
(317) 232-2385
|
| Iowa
Senate File 500
Section 8
"Duty to respond to Inquiries and Prompt Payment of
Claim"
|
Clean claim paid
within 30 days. Penalty amount is 10%. |
Iowa Division of
Insurance
(515) 281-5705
|
| Kansas
L.2000 CH.147, Section 43-46
Chapter 40 Insurance
Article 2 General Provisions
40-2,126 Interest due on Insurance Settlements
|
30 day timeframe
1% fine per month or interest imposed on late payment. |
Kansas Department
of Insurance, (ask for Accident & Health Services)
(785) 296-3071
|
| Kentucky
KRS 304.17A.702
Claim Payment Time Frame Duties of Insurer
|
Claims must be
paid within 30 working days. Interest accrues at 12% per annum
between 31 and 60 days. 18% between 61 and 90 days. 21% after 90
days. |
Kentucky
Department of Insurance
(502) 564-6088
|
| Louisiana
Title 22 R.S. 22:250.31 through 250.37
|
Claims submitted
electronically must be paid within 25 days. Paper claims
submitted in 45 days must be paid in 45 days; submitted after 45
days must be paid in 60 days. Penalty is 1% of unpaid balance.
An additional 1% penalty is added for each 25 days that the
claim remains unpaid. |
Louisiana
Department of Insurance
(225) 342-0895
|
| Maine
Title 24 Insurance Code
Chapter 27 The Insurance Contract
§ 2436 Late Payment
|
Clean claims must
be paid within 30 days. Interest accrues at 1.5% per month. |
Maine Bureau of
Insurance (Ask for Consumer Health)
(207) 624-8475
|
| Maryland
Article - Insurance 15-1005. Prompt
Payment of Claims
|
Clean claims must
be paid within 30 days. Interest accrues at monthly rates of
1.5% (31-60 days late), 2% (61-120 days late), and 2.5% (121+
days late). |
Maryland Insurance
Administration
(800) 492-6116
|
| Massachusetts
Chapter 141, Section 20 and 24
|
Payer must respond
within 45 days of receipt of notice for claims reimbursement.
Interest accrues at 1.5% per month, not to exceed 18% per year. |
Massachusetts
Division of Insurance, Health Unit of the State Rating Bureau
(617) 521-7349
|
| Michigan
§ 500.2006 Timely payment of benefits or
interest; proof of loss
|
Law applies only
to non-contracted providers: Claims must be paid in 60 days,
with an interest penalty of 12% per annum. |
Michigan Insurance
Division
(517) 373-0240
|
| Minnesota
Statutes Chapter 62Q.75 Prompt Payment
Required
|
Undisputed or
disputed claims paid within 30 days. Interest on overdue claims
at 1.5% per month. |
Minnesota
Department of Commerce
(651) 296-4026
|
| Mississippi
Title 83 Insurance
Chapter 9 Accident, Health and Medicare Supplement Insurance
83-9-5 Policy Provisions
|
25 calendar days
after receipt of electronic clean claims and 35 calendar days
after receipt of non-electronic clean claims. Interest accrues
at 1.5% per month. |
Mississippi
Department of Insurance
(601) 359-3569
|
| Missouri
Missouri Revised Statutes
Chapter 376
Life, Health, and Accident Insurance Section 376.393
H328 (2001)
Amending existing law concerning penalties
|
Claims must be
paid, denied, or returned for information within 45 days.
Penalty is 1% per month. An additional penalty of 50% of the
claim -- not to exceed $20 -- is imposed if the claim is not
paid, suspended or denied or if the interest due is not paid
within 40 processing days if the provider so notifies the
carrier of this delinquency. |
Missouri
Department of Insurance
(573) 751-4126
|
| Montana
Title 33 Insurance and Insurance
Companies
Chapter 18 Unfair Trade Practices
Part 2 Insurer's Relations with Insured and Claimant
33-18-232 Time for Payment of Claims
|
Clean claims must
be paid within 30 days. Interest accrues at 18% per annum. |
Montana Department
of Insurance
(406) 444-2040
|
| Nebraska
Unfair Claim Practices
NE 44-1540
|
15 working days
after claim adjudication is completed. 30 days to pay
claim. |
Nebraska
Department of Insurance Consumer Hotline
(877) 564-7323
|
| Nevada
Nevada Revised Statute (NRS)
Chapter 683A.0879
|
30 days to pay
claims. Interest equal to the prime rate at the largest bank in
Nevada plus an additional 6%. |
Nevada Division of
Insurance
(775) 687-4270
|
| New Hampshire
415:6-H Effective 1/1/01
Prompt Payment Required
|
Payment within 15
days for electronic claims. 45 days for non-electronic claims.
Interest 1.5% per month on overdue claims. |
New Hampshire
Department of Insurance
(603) 271-2261
|
| New Jersey
S.B. 323 and A.B. 2121
Effective January 2000
|
Clean, electronic
claims must be paid within 30 days, paper claims within 40 days.
Interest on overdue claims at 10% per year. |
New Jersey
Division of Insurance, Life & Health Section, Enforcement
& Consumer Protection
(609) 292-5316
|
| New Mexico
Title 13 Insurance
Chapter 10 Health Insurance
Part 13 Managed Health Care
|
30 days for
electronic clean claims and 45 days for non-electronic clean
claims. Interest on overdue claims is 1.5% per month. |
New Mexico
Department of Insurance Consumer Division
(505) 827-4601
|
| New York
Chapters 637 and 666 of the Laws of 1997
|
Claims must be
paid within 45 days. Interest accrues at greater of 12% per year
or corporate tax rate determined by Commissioner. |
New York State
Insurance Department Consumer Services Bureau
(212) 480-6400
|
| North Carolina
Chapter 58 Insurance
Article 3 General Regulations for Insurance
58-3-100
|
Plan must notify
of claim status within 30 days. No regulation on payment.
Interest on overdue claims 18%. |
North Carolina
Department of Insurance
(919) 733-2032
|
| North Dakota
§ 26.1-36-37.1 Standard Health Insurance
Proof of Loss Form - Claim Payment Time Limits
|
Claims must be
paid within 15 days. |
North Dakota
Department of Insurance
(701) 328-2440
|
| Ohio
Title 39 Insurance
Chapter 3901 Superintendent of Insurance
Miscellaneous Provisions
§ 3901.381 Prompt Payment of Health Care Providers by
Third-Party Payers
|
Complete claims
must be paid 30 days after receipt by the insurance carrier.
Interest on overdue claims is 18% a year. |
Ohio Department of
Insurance
(614) 644-2658
|
| Oklahoma
Insurance Code 36
§§ 1219, 1250.5
Delay in Payment of Claims
Title 63 O.S. Section 2514
Reimbursement of Claims within Certain Time Period
Title 74 §1238
|
Claims must be
paid within 45 days. Interest accrues at 10% per year. |
Oklahoma Insurance
Department
(405) 521-2828
|
| Oregon
Claim Settlement Practices
836-080-0225
|
30 days to pay
claim. Interest on overdue claims is 12% per year. |
Oregon Department
of Insurance
(503) 947-7984
|
| Pennsylvania
Title 40 P.S. Section 991.2166 Prompt
Payment of Claims
|
Clean claims must
be paid in 45 days. Interest is 10% per annum. For claims with
HMOs/PPOs, providers must first exhaust carrier appeals process. |
Pennsylvania
Insurance Department
(717) 787-2317
|
| Rhode Island
Prompt Claims Processing. Title 27,
Chapter 18, Section 61
|
30 days for
electronic claims. 40 days for paper claims. Interest
penalty is 12% per year. |
Rhode Island
Department of Insurance
(401) 222-2223
|
| South Carolina
Accident and Health Insurance
38-71-735(J)
|
Fully insured plan
claims must be paid within 60 days, providing all necessary
information is received to process claim. |
South Carolina
Department of Insurance
(803) 737-6160
|
| South Dakota
Time limits for processing claims.
58-12-20
|
30 days for
electronic, 45 days for paper claims. |
South Dakota
Department. of Insurance
(605) 773-3563
|
| Tennessee
Title 56 Chapter 7, Section 109
Timely Reimbursement of Health Insurance Claim Act
|
30 days for
non-electronic claims. 21days for electronic clean claims.
Interest on overdue claims 1% per month. |
Tennessee
Department of Insurance, Legal Division
(615) 741-2199
|
| Texas
Texas Health Maintenance Organization Act
Chapter 20 A Section 18B
Senate Bill 418
PPO
Texas Insurance
3.70-3c, Section 3a
HMO
Article 20A.18b
|
45 days for
payment, denial or audit of non-electronic, non-pharmacy clean
claims; 30 days for payment, denial or audit of electronic;
non-pharmacy clean claims; 21 days from affirmative adjudication
for payment of pharmacy claims. Late payment penalties:
(1) If claim is paid on or before 45th day after applicable
statutory claim payment period (as defined) carrier must
pay: contracted rate plus the lesser of 50% of difference
between contracted rate and billed charges or $100,000. (2) If
claim is paid on or after the 46th day but before 91st
day after applicable statutory claim payment period,
carrier must pay: the contracted rate plus the lesser of
100% of the difference between contracted and billed charge or
$200,000. (3) If claim is paid on or after the 91st day
after the applicable statutory claim payment period, the
carrier must pay the contracted rate plus the penalty specified
in paragraph 2 plus 18% interest on the penalty amount. |
Texas Department
of Insurance
(512) 322-4266
|
| Utah
State Rule 590-89 Unfair Claims Settlement
Practices Rule
|
30 days for claim
payment. For the first 90 days that the payment is late:
multiply the total amount of the claim by the total number of
days that the payment is late by 1%. For a claim payment that is
91 or more days late, add the late fee for the first 90 days and
the following sum: the total amount of the claim, the number of
days that the response is late beyond the initial 90 days
and the rate of interest established under § 15-1-1. |
Utah Department of
Insurance
(801) 538-3800
|
| Vermont
Title 18 Chapter 221 Section 9418
Payment for Health Services
|
Claims must be
paid in 45 days. Interest penalty is 12% per annum. |
Vermont Department
of Insurance
(802) 828-3301
|
| Virginia
Chapter 34, Title 38.2
Section 38.2-3407.13
Ethics and Fairness in Carrier Business Practice
|
Clean claims must
be paid within 40 days. Penalty interest rate is the legal
rate of interest. |
Virginia
Legislative Services
(804) 786-3591
|
| Washington
R § 284-43-321 (1999)
|
30 days for clean
claims. Interest penalty is 1% per month. |
Washington
Insurance Commission
(360) 753-7300
|
| West Virginia
33-43-2
|
30 days for
electronic clean claims and 40 days for manual (non-electronic)
clean claims. Interest penalty is 10% per year. |
West Virginia
Division of Insurance
(304) 558-3386
|
| Wisconsin
Insurance Chapter 628 Insurance Marketing
Subchapter III. Marketing Practices 628.46 Timely Payment of
Claims
|
If claims are not
paid within 30 days they are subject to a penalty interest rate
of 12% per year. |
Wisconsin
Department of Insurance Complaints & Consumer Services
(608) 266-3585
|
| Wyoming
Title 26 Insurance Code
Chapter 15 The Insurance Contract 26-15-124 Claim to be accepted
or rejected; attorney's fees
|
Claims must be
paid within 45 days. Interest penalty is 10% per year. |
Wyoming Department
of Insurance
(307) 777-7401
|