507B.4A - DUTY TO RESPOND TO INQUIRIES AND PROMPT PAYMENT OF CLAIM.

        507B.4A  DUTY TO RESPOND TO INQUIRIES AND PROMPT      PAYMENT OF CLAIM.         1.  A person shall promptly respond to inquiries from the      commissioner.         a.  A person's actions are deemed untimely under this      subsection if the person fails to respond to an inquiry from the      commissioner within thirty days of the receipt of the inquiry, unless      good cause exists for delay.         b.  Failure to respond to inquiries from the commissioner      pursuant to this subsection with such frequency as to indicate a      general business practice shall subject the person to penalty under      this chapter.         2. a.  An insurer providing accident and sickness insurance      under chapter 509, 514, or 514A; a health maintenance organization;      an organized delivery system authorized under 1993 Iowa Acts, ch.      158, and licensed by the department of public health; or another      entity providing health insurance or health benefits subject to state      insurance regulation shall either accept and pay or deny a clean      claim.         b.  For purposes of this subsection, "clean claim" means a      properly completed paper or electronic billing instrument containing      all reasonably necessary information, that does not involve      coordination of benefits for third-party liability, preexisting      condition investigations, or subrogation, and that does not involve      the existence of particular circumstances requiring special treatment      that prevents a prompt payment from being made.         c.  The commissioner shall adopt rules establishing processes      for timely adjudication and payment of claims by insurers for health      care benefits.  The rules shall be consistent with the time frames      and other procedural standards for claims decisions by group health      plans established by the United States department of labor pursuant      to 29 C.F.R. pt.  2560 in effect on January 1, 2002.         d.  Payment of a clean claim shall include interest at the      rate of ten percent per annum when an insurer or other entity as      defined in this subsection that administers or processes claims on      behalf of the insurer or other entity fails to timely pay a claim.         e.  This subsection shall not apply to liability insurance,      workers' compensation or similar insurance, automobile or homeowners'      medical payment insurance, disability income, or long-term care      insurance.  
         Section History: Recent Form
         2001 Acts, ch 69, §8, 39; 2001 Acts, ch 176, §71         Referred to in § 507B.4, 507B.6, 507B.12, 514F.6