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Virginia Law (Virginia Code, Section 38.2-2201) Now Encourages The Timely Filing Of Health Insurance Claims

Posted on: May 28, 2014

A recently passed Virginia Law (Virginia Code, Section 38.2-2201) now encourages the timely filing of health insurance claims from patients involved in motor vehicle accidents regardless of whether motor vehicle insurance coverage might be available to satisfy a debt.

The law holds that as of July 1, 2013, if an in-network healthcare provider fails to submit its claim to the health insurance carrier in accordance with the plan documents and after the patient has provided the necessary documentation to verify eligibility (with more than 21 business days before the deadline of the provider to submit claims,) then (i) the covered patient shall have no obligation to pay for the healthcare services for which the provider was required to submit a claim, (ii) the provider shall not have the benefit of any of the liens that are established under § 8.01-66.2 and 8.01-66:9 regarding the healthcare services that have been provided, and (iii) the in-network provider shall be prohibited from recovering medical expense coverage under the patient’s motor vehicle liability insurance policy.

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