§ 1395h. Provisions relating to the administration of part A
(a)
In general
The administration of this part shall be conducted through contracts with medicare administrative contractors under section
1395kk–1 of this title.
(c)
Prompt payment of claims
(2)
(A)
Each contract under section
1395kk–1 of this title that provides for making payments under this part shall provide that payment shall be issued, mailed, or otherwise transmitted with respect to not less than 95 percent of all claims submitted under this subchapter—
within the applicable number of calendar days after the date on which the claim is received.
(B)
In this paragraph:
(i)
The term “clean claim” means a claim that has no defect or impropriety (including any lack of any required substantiating documentation) or particular circumstance requiring special treatment that prevents timely payment from being made on the claim under this subchapter.
(ii)
The term “applicable number of calendar days” means—
(I)
with respect to claims received in the 12-month period beginning October 1, 1986, 30 calendar days,
(II)
with respect to claims received in the 12-month period beginning October 1, 1987, 26 calendar days,
(III)
with respect to claims received in the 12-month period beginning October 1, 1988, 25 calendar days,
(C)
If payment is not issued, mailed, or otherwise transmitted within the applicable number of calendar days (as defined in clause (ii) of subparagraph (B)) after a clean claim (as defined in clause (i) of such subparagraph) is received from a hospital, critical access hospital, skilled nursing facility, home health agency, hospice program, comprehensive outpatient rehabilitation facility, or rehabilitation agency that is not receiving payments on a periodic interim payment basis with respect to such services, interest shall be paid at the rate used for purposes of section
3902
(a) of title
31 (relating to interest penalties for failure to make prompt payments) for the period beginning on the day after the required payment date and ending on the date on which payment is made.
(3)
(A)
Each contract under section
1395kk–1 of this title that provides for making payments under this part shall provide that no payment shall be issued, mailed, or otherwise transmitted with respect to any claim submitted under this subchapter within the applicable number of calendar days after the date on which the claim is received.
(j)
Denial of claim; notification and reconsideration
A contract with a medicare administrative contractor under section
1395kk–1 of this title with respect to the administration of this part shall require that, with respect to a claim for home health services, extended care services, or post-hospital extended care services submitted by a provider to such medicare administrative contractor that is denied, such medicare administrative contractor—
(k)
Annual reporting requirement on erroneous payment recovery
A contract with a medicare administrative contractor under section
1395kk–1 of this title with respect to the administration of this part shall require that such medicare administrative contractor submit an annual report to the Secretary describing the steps taken to recover payments made for items or services for which payment has been or could be made under a primary plan (as defined in section
1395y
(b)(2)(A) of this title).