(b) Exemptions.
(1) A health care provider is exempt from the
requirement to submit medical bills electronically to an insurance carrier if:
(A) the health care provider employs fewer
than 10 full time employees;
(B)
the health care provider provided services to 32 or fewer injured employees
during the preceding calendar year; or
(C) the health care provider can sufficiently
demonstrate electronic medical bill implementation will create an unreasonable
financial hardship and can provide supporting documentation such as financial
statements and other documentation which reflect the cost of
implementation.
(2) A
health care provider who asserts an exemption under this section must provide
all supporting documentation to the division within 15 days of a division
request for documentation.
(3) An
insurance carrier is exempt from the requirement to receive medical bills
electronically from health care providers if:
(A) the insurance carrier is placed in
receivership;
(B) the insurance
carrier was issued an initial license to write workers' compensation insurance
by the Texas Department of Insurance during the current or preceding calendar
year;
(C) the insurance carrier had
less than 32 workers' compensation claims for which income or medical benefits
were paid during the preceding calendar year;
(D) the insurance carrier no longer writes
workers' compensation insurance in Texas and is only handling runoff
claims;
(E) the insurance carrier
was a certified self-insured employer under Labor Code, Chapter 407, or a
self-insured group under Labor Code, Chapter 407A, which has withdrawn from the
certified self-insurance program or group self-insurance; or
(F) the insurance carrier submits a request
to the division with supporting documentation such as financial statements and
other documents which reflect cost of implementation and sufficiently
demonstrates that electronic medical bill implementation will create an
unreasonable financial hardship and the Commissioner approves the
request.
(4) An
insurance carrier who asserts an exemption under this subsection must provide
all supporting documentation to the division within 15 days of a division
request for documentation.
(5)
Insurance carriers shall submit notification to the division prior to the
beginning of each calendar year for which they will assert an exemption to the
electronic medical bill processing requirements. The required notification must
include:
(A) federal tax identification number
of the insurance carrier;
(B)
contact information, including but not limited to the name, physical address,
and telephone number; and
(C) a
description regarding facts related to the exemption under paragraph (3) of
this subsection asserted by the insurance carrier.