Healthcare Reform Law PPACA Claim Specialists: New Legal Assignment of Benefits Required Under New Federal Provider’s Bill of Rights
On
“For the first time in history, new Federal PPACA Claims and Appeals Regulations define a healthcare provider in terms of a valid authorized representative as a claimant as the patient, with 100% & complete rights as a patient, to enjoin all reimbursement protections under new Patient’s Bill of Rights, for all participating and non-participating providers,” said Dr.
“Now, for the first time, Provider’s Bill of Rights is the same as Patient’s Bill of Rights,” explained Dr.
A claimant is now defined under new Federal PPACA Claims and Appeals Regulations as following:
“(iii) Claimant. Claimant means an individual who makes a claim under this section. For purposes of this section, references to claimant include a claimant's authorized representative.” [Page 43355]
http://webapps.dol.gov/FederalRegister/HtmlDisplay.aspx?DocId=24056&AgencyId=8&DocumentType=2
“This Provider’s Bill of Rights is especially new and important for all non-participating providers, as these non-participating providers will have the same rights in receiving direct reimbursement checks, coverage verifications and appeals rights as patients and all participating providers, if the non-participating providers have valid legal AOB’s and became claimants under PPACA,” reiterated by Dr. Zhou.
However, Dr. Zhou alerted, a provider’s rights under PPACA are not automatic, without additional compliance by a healthcare provider, as PPACA adopted ERISA claim regulation, 29 CFR 2560.503-1, in its entirety, and DOL EBSA ERISA FAQ declared traditional AOB as non-compliance and invalid under ERISA, thus invalid under PPACA. Only a valid legal AOB under ERISA will be valid AOB under PPACA, for a true Provider’s Bill of Rights.
ERISA regulation, 29 CFR 2560.503-1, was adopted as minimum standards under new Federal PPACA Claims and Appeals Regulations:
“Minimum internal claims and appeals standards. A group health plan and a health insurance issuer offering group health insurance coverage must comply with all the requirements applicable to group health plans under 29 CFR 2560.503-1,……” [Page 43355]
http://webapps.dol.gov/FederalRegister/HtmlDisplay.aspx?DocId=24056&AgencyId=8&DocumentType=2
DOL ERISA FAQ declared traditional AOB non-compliant and invalid:
“B-2: Does an assignment of benefits by a claimant to a health care provider constitute the designation of an authorized representative?
No. An assignment of benefits by a claimant is generally limited to assignment of the claimant’s right to receive a benefit payment under the terms of the plan. Typically, assignments are not a grant of authority to act on a claimant’s behalf in pursuing and appealing a benefit determination under a plan…….”
http://www.dol.gov/ebsa/faqs/faq_claims_proc_reg.html
ERISAclaim.com PPACA & ERISA Claim Specialists Certification Programs are established to provide expert guidance in understanding, implementation and compliance with PPACA:
Complete Affordable Care Act Regulations and Guidance can be found on DOL website:
http://www.dol.gov/ebsa/healthreform/
HHS, DOL &
http://www.healthreform.gov/newsroom/new_patients_bill_of_rights.html
HHS, DOL &
http://www.hhs.gov/news/press/2010pres/07/20100722a.html
HHS, DOL &
http://www.healthcare.gov/news/factsheets/protectconsumers_factsheet072210.pdf
For more information on how to become an ERISA-PPACA & ERISA Claims Specialist under new and existing federal appeals regulations: http://www.erisaclaim.com/certification.htm.
Information on ERISAclaim.com’s ERISA &
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Read the full story at http://www.prweb.com/releases/2011/1/prweb8070141.htm


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