                                 CODE OF VIRGINIA

DUTY OF IN-NETWORK PROVIDERS TO SUBMIT CLAIMS TO HEALTH INSURERS; LIABILITY OF
COVERED PATIENTS FOR UNBILLED HEALTH CARE SERVICES (§ 8.01-27.5)

A. As used in this section:
			&#8220;Covered patient&#8221; means a patient whose health care services are
covered under terms of a health care policy.			&#8220;Health care policy&#8221;
means any health care plan, subscription contract, evidence of coverage,
certificate, health services plan, medical or hospital services plan, accident
and sickness insurance policy or certificate, or other similar certificate,
policy, contract, or arrangement, and any endorsement or rider thereto, offered,
arranged, issued, or administered by a health insurer to an individual or a
group contract holder to cover all or a portion of the cost of individuals, or
their eligible dependents, receiving covered health care services. &#8220;Health
care policy&#8221; includes coverages issued pursuant to (i) Chapter 28 (&#xA7;
2.2-2800 et seq.) of Title 2.2 (state employees); (ii) &#xA7; 2.2-1204 (local
choice); (iii) 5 U.S.C. &#xA7; 8901 et seq. (federal employees); (iv) an
employee welfare benefit plan as defined in 29 U.S.C. &#xA7; 1002 (1) of the
Employee Retirement Income Security Act of 1974 (ERISA) that is self-insured or
self-funded; and (v) Title XVIII of the Social Security Act, 42 U.S.C. &#xA7;
1395 et seq. (Medicare), Title XIX of the Social Security Act, 42 U.S.C. &#xA7;
1396 et seq. (Medicaid), or Title XXI of the Social Security Act, 42 U.S.C.
&#xA7; 1397aa et seq. (CHIP). &#8220;Health care policy&#8221; does not include
(a) Chapter 55 of Title 10 of the United States Code, 10 U.S.C. &#xA7; 1071 et
seq. (TRICARE); (b) subscription contracts for one or more dental or optometric
services plans that are subject to Chapter 45 (&#xA7; 38.2-4500 et seq.) of
Title 38.2; (c) insurance policies that provide coverage, singly or in
combination, for death, dismemberment, disability, or hospital and medical care
caused by or necessitated as a result of accident or specified kinds of
accidents, including student accident, sports accident, blanket accident,
specific accident, and accidental death and dismemberment policies; (d) credit
life insurance and credit accident and sickness insurance issued pursuant to
Chapter 37.1 (&#xA7; 38.2-3717 et seq.) of Title 38.2; (e) insurance policies
that provide payments when an insured is disabled or unable to work because of
illness, disease, or injury, including incidental benefits; (f) long-term care
insurance as defined in &#xA7; 38.2-5200; (g) plans providing only limited
health care services under &#xA7; 38.2-4300 unless offered by endorsement or
rider to a group health benefit plan; (h) TRICARE supplement, Medicare
supplement, or workers&#8217; compensation coverages; or (i) medical expense
coverage issued pursuant to &#xA7; 38.2-2201.			&#8220;Health care
provider&#8221; has the same meaning ascribed to the term in &#xA7;
8.01-581.1.			&#8220;Health care services&#8221; means items or services
furnished to any individual for the purpose of preventing, alleviating, curing,
or healing human illness, injury, or physical disability.			&#8220;Health
insurer&#8221; means any entity that is the issuer or sponsor of a health care
policy.			&#8220;In-network provider&#8221; means a health care provider that is
employed by or has entered into a provider agreement with the health insurer
that has issued the health care policy or is a participating provider with such
health insurer, under which agreement or conditions of participation the health
care provider has agreed to provide health care services to covered
patients.			&#8220;Patient&#8221; means an individual who receives health care
services from a health care provider, or any person authorized by law to consent
on behalf of the individual incapable of making an informed decision, or, in the
case of a minor child, the parent or parents having custody of the child or the
child&#8217;s legal guardian, or as otherwise provided by law.			&#8220;Provider
agreement&#8221; means a contract, agreement, or arrangement between a health
care provider and a health insurer, or a health insurer&#8217;s network,
provider panel, intermediary, or representative, under which the health care
provider has agreed to provide health care services to patients with coverage
under a health care policy issued by the health insurer and to accept payment
from the health insurer for the health care services provided.

B. An in-network provider that provides health care services to a covered
patient shall submit its claim to the health insurer for the health care
services in accordance with the terms of the applicable provider agreement or as
permitted under applicable federal or state laws or regulations, provided that
the covered patient provides the in-network provider with information required
by the terms of the covered patient&#8217;s health care policy&#8217;s plan
documents, including the information that is required to verify the
individual&#8217;s coverage under the health care policy, within not fewer than
21 business days before the deadline for the in-network provider to submit its
claim to the health insurer as required by the terms of the provider agreement.
If an in-network provider does not submit its claim to the health insurer in
accordance with the requirements of this subsection, then (i) the covered
patient shall have no obligation to pay for health care services for which the
in-network provider was required to submit its claim, (ii) the in-network
provider shall not have the benefit of the liens provided by &#xA7;&#xA7;
8.01-66.2 and 8.01-66.9 with regard to health care services for which the
in-network provider was required to submit its claim, and (iii) the in-network
provider shall be prohibited from recovering payment for any of the health care
services for which it was required to submit its claim from an insurer providing
medical expense benefits to the covered patient under a policy of motor vehicle
liability insurance pursuant to &#xA7; 38.2-2201, by exercising an assignment of
the covered patient&#8217;s rights to the medical expense benefits or by other
means. If the in-network provider submits its claim to the health insurer in
accordance with the requirements of this subsection, the covered patient or the
health insurer shall be obligated to pay for the health care services in
accordance with the terms of the provider agreement or health care
policy&#8217;s plan documents. To the extent that self-insured or self-funded
plans governed by ERISA or Title XVIII of the Social Security Act, 42 U.S.C.
&#xA7; 1395 et seq. (Medicare), Title XIX of the Social Security Act, 42 U.S.C.
&#xA7; 1396 et seq. (Medicaid), or Title XXI of the Social Security Act, 42
U.S.C. &#xA7; 1397aa et seq. (CHIP) provide otherwise, health care providers
shall be permitted to submit claims and coordinate benefits as provided for in
the provider agreements or plan documents or as required under applicable
federal and state laws and regulations.

C. Any knowing violation of the provisions of this section shall constitute a
prohibited practice in accordance with &#xA7; 59.1-200 and shall be subject to
any and all of the enforcement provisions of the Virginia Consumer Protection
Act (&#xA7; 59.1-196 et seq.).

HISTORY: 2013, c. 700; 2014, cc. 157, 417; 2018, c. 788; 2022, c. 351.