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Medi-Pak® Advantage PFFS Terms & Conditions

Table Of Contents

  1. Introduction
  2. When a provider is deemed to accept the Medi-Pak® Advantage terms and conditions.
  3. Provider qualifications and requirements.
  4. Payment to providers:
  5. Filing a claim for payment.
  6. Maintaining medical records and allowing audits.
  7. Getting an advance organization determination.
  8. Provider payment dispute resolution process.
  9. Member and provider appeals and grievances.
  10. Providing members with notice of their appeal rights – Requirements for Hospitals, SNFs, CORFs and HHAs.
  11. If you need additional information or have questions.

Introduction

Medi-Pak® Advantage is a Medicare Advantage Private Fee-for-Service (PFFS) plan offered by Arkansas Blue Cross and Blue Shield. Medi-Pak® Advantage allows members to use any provider, such as a physician, health professional, hospital, or other Medicare provider in the United States that agrees to treat the member after having the opportunity to review these terms and conditions of payment, as long as the provider is eligible to provide health care services under Medicare Part A and Part B (also known as "Original Medicare") or eligible to be paid by Medi-Pak® Advantage for benefits that are not covered under Original Medicare.

The law provides that if you have an opportunity to review these terms and conditions of payment and you treat a Medi-Pak® Advantage member, you will be "deemed" to have a contract with Medi-Pak® Advantage. Section 2 explains how the deeming process works. The rest of this document contains the contract that the law allows Medi-Pak® Advantage to deem to hold between you, the provider, and Medi-Pak® Advantage. Any provider in the United States that meets the deeming criteria in Section 2 is deemed to have a contract with Medi-Pak® Advantage for the services furnished to the member when the deeming conditions are met. No prior authorization, prior notification or referral is required as a condition of coverage when medically necessary, plan-covered services are furnished to a member. However, a member or provider may request an advance organization determination before a service is provided in order to confirm that the service is medically necessary and will be covered by the plan. Section 7 describes how a provider can request an advance organization determination from the plan.

Medi-Pak® Advantage has signed contracts with some providers. These providers are our network providers.

Our members can still receive services from non-network providers who do not have a signed contract with us, as long as the provider meets the deeming criteria described in Section 2. These deemed contracting providers are subject to all of the terms and conditions of payment described in this document.

To access the list of providers who participate with Medi-Pak® Advantage go to: https://secure.arkansasbluecross.com/provider_directory/ then select the Guest search option. In the list under Search by Specific Network, select Medicare, and then select "Search Network." In the pop-up menu, choose "Medi-Pak® Advantage PFFS" to search for network providers. The amount of cost sharing a member pays a provider who is not one of our network providers may be more than the cost sharing the member pays a network provider. We indicate the services for which the cost sharing amount differs between network providers and non-network providers in the Medi-Pak® Advantage Member Evidence of Coverage (EOC).

2. When a provider is deemed to accept the Medi-Pak® Advantage terms and conditions of payment

A provider is deemed by law to have a contract with Medi-Pak® Advantage when all of the following three criteria are met:

  1. The provider is aware, in advance of furnishing health care services, that the patient is a member of Medi-Pak® Advantage. All Medi-Pak® Advantage members receive a member ID card that includes the ABCBS logo that clearly identifies them as Medi-Pak® Advantage PFFS members. The provider may validate eligibility by calling Customer Service at 877-233-7022 or 800-676-BLUE (800-676-2583). In addition, providers may check AHIN to verify member eligibility.
  2. The provider either has a copy of, or has reasonable access to, the Medi-Pak® Advantage terms and conditions of payment (this document). The terms and conditions are available on our website at: www.arkbluecross.com

    The terms and conditions may also be obtained by calling Customer Service at 877-233-7022 or 800-676-BLUE (800-676-2583).

  3. The provider furnishes covered services to a Medi-Pak® Advantage member.

If all of these conditions are met, the provider is deemed to have agreed to the Medi-Pak® Advantage terms and conditions of payment for that member specific to that visit. For example: If a Medi-Pak® Advantage member shows you an enrollment card identifying him/her as a member of Medi-Pak® Advantage and you provide services to that member, you will be considered a deemed provider. Therefore, it is your responsibility to obtain and review the terms and conditions of payment prior to providing services, except in the case of emergency services (see below).

Note: You, the provider, can decide whether or not to accept the Medi-Pak® Advantage terms and conditions of payment each time you see a Medi-Pak® Advantage member. A decision to treat one plan member does not obligate you to treat other Medi-Pak® Advantage members, nor does it obligate you to accept the same member for treatment at a subsequent visit.

If you DO NOT wish to accept the Medi-Pak® Advantage terms and conditions of payment, then you should not furnish services to a Medi-Pak® Advantage member, except for emergency services. If you nonetheless do furnish non-emergency services, you will be subject to these terms and conditions whether you wish to agree to them or not. Providers furnishing emergency services will be treated as non-contract providers and paid at the payment amounts they would have received under Original Medicare.

3. Provider qualifications and requirements

In order to be paid by Medi-Pak® Advantage for services provided to one of our members, you must:

  • Have a National Provider Identifier in order to submit electronic transactions to Medi-Pak® Advantage, in accordance with HIPAA requirements.
  • Submit all claims (electronic or paper) to your local Blue plan.
  • Furnish services to a Medi-Pak® Advantage member within the scope of your licensure or certification.
  • Provide only services that are covered by the Medi-Pak® Advantage plan and that are medically necessary by Medicare definitions.
  • Meet applicable Medicare certification requirements (e.g., if you are an institutional provider such as a hospital or skilled nursing facility).
  • Not have opted out of participation in the Medicare program under §1802(b) of the Social Security Act, unless providing emergency or urgently needed services.
  • Not be on the HHS Office of Inspectors General excluded and sanctioned provider list.
  • Not be a federal health care provider, such as a Veterans' Administration provider, except when providing emergency care.
  • Comply with all applicable Medicare and other applicable federal health care program laws, regulations and program instructions, including laws protecting patient privacy rights and HIPAA that apply to covered services furnished to members.
  • Agree to cooperate with Medi-Pak® Advantage to resolve any member grievance involving the provider within the time frame required under Federal law.
  • For providers who are hospitals, home health agencies, skilled nursing facilities, or comprehensive outpatient rehabilitation facilities, provide applicable beneficiary appeals notices (See Section 10 for specific requirements).
  • Not charge the member in excess of cost sharing allowed under these Terms and Conditions under any condition, including in the event of plan bankruptcy.

4. Payment to providers

Plan Payment

Medi-Pak® Advantage reimburses deemed providers at the amount they would have received under Original Medicare for Medicare-covered services, minus any member required cost sharing, for all medically necessary services covered by Medicare.

Medi-Pak® Advantage will pay Physician Quality Reporting Initiative (PQRI) bonus and e-prescribing incentive payment amounts to deemed physicians who would have received them in connection with treating Medicare beneficiaries who are not enrolled in Medicare Advantage plan.

Medi-Pak® Advantage will process and pay clean claims within 30 days of receipt. If a clean claim is not paid within the 30-day time frame, then Medi-Pak® Advantage will pay interest on the claim according to Medicare guidelines. Section 5 has more information on prompt payment rules. Payment to providers for which Medicare does not have a publicly published rate will be based on the estimated Medicare amount. View the Payment Methodology [pdf] for more detailed information.

Services covered under Medi-Pak® Advantage that are not covered under Original Medicare are reimbursed using the Medi-Pak® Advantage fee schedule. Please call us at 877-233-7022 or 800-676-BLUE (800-676-2583) to receive information on our fee schedule.

Deemed providers furnishing such services must accept the fee schedule amount, minus applicable member cost sharing, as payment in full.

Member benefits and cost sharing

Payment of cost sharing amounts is the responsibility of the member. Providers should collect the applicable cost sharing from the member at the time of the service when possible. You can only collect from the member the appropriate Medi-Pak® Advantage co-payments or coinsurance amounts described in these terms and conditions. After collecting cost sharing from the member, the provider should bill Medi-Pak® Advantage for covered services. Section 5 provides instructions on how to submit claims to us. Please note, however, that Medi-Pak® Advantage may not hold members accountable for any cost-sharing (deductibles, copayments, coinsurance) for Medicare-covered preventive services that are subject to zero cost sharing.

If a member is a dual-eligible Medicare beneficiary (that is, the member is enrolled in the Medi-Pak® Advantage plan and a State Medicaid program), then the provider cannot collect any cost sharing for Medicare Part A and Part B services from the member at the time of service when the State is responsible for paying such amounts (nominal copayments authorized under the Medicaid State plan may be collected). Instead, the provider may only accept the Medi-Pak® Advantage plan payment (plus any Medicaid copayment amounts) as payment in full or bill the appropriate State source.

For your quick reference, the pdfs below list some of the important services covered under Medi-Pak® Advantage and the associated member cost sharing amounts.

To view a complete list of covered services and member cost sharing amounts under Medi-Pak® Advantage go to: http://www.arkansasbluecross.com/LookingForInsurance/MedicarePlans/default.aspx?zip=undefined. You may call us at 877-233-7022 or 800-676-BLUE (800-676-2583) to obtain more information about covered benefits, plan payment rates, and member cost sharing amounts under Medi-Pak® Advantage. Be sure to have the member's ID number including the 3 character alpha prefix (on the ID card) when you call.

Medi-Pak® Advantage follows Medicare coverage decisions for Medicare-covered services. Services not covered by Medicare are not covered by Medi-Pak® Advantage, unless specified by the plan. Information on obtaining an advance coverage determination can be found in Section 7. Medi-Pak® Advantage does not require members or providers to obtain prior authorization, prior notification or referrals from the plan as a condition of coverage. There are no prior authorization and prior notification rules for Medi-Pak® Advantage members.

Note: Medicare supplemental policies, commonly referred to as Medigap plans, cannot cover cost sharing amounts for Medicare Advantage plans, including PFFS plans. All cost sharing is the member's responsibility.

Balance billing of members

There are two different PFFS balance billing scenarios:

  • If the provider is deemed and a non-participating provider under Original Medicare rules, up to 15% balance billing is permitted. However, the plan – not the beneficiary – must pay the 15%.
  • If the provider is deemed or contracted, and the balance billing is explicitly included in the Medi-Pak® Advantage contract with the provider or in the terms and conditions of payment, it may balance bill up to 15% of the total plan payment amount for services, for which the beneficiary is responsible.

A provider may collect only applicable plan cost sharing amounts from Medi-Pak® Advantage members and may not otherwise charge or bill members. Balance billing is prohibited by providers who furnish plan-covered services to Medi-Pak® Advantage members.

Hold harmless requirements

In no event, including, but not limited to non-payment by Medi-Pak® Advantage, insolvency of Medi-Pak® Advantage, and/or breach of these terms and conditions, shall a deemed provider bill, charge, collect a deposit from, seek compensation, remuneration or reimbursement from, or have any recourse against a member or persons acting on their behalf for plan-covered services provided under these terms and conditions. This provision shall not prohibit the collection of any applicable coinsurance, copayments or deductibles billed in accordance with the terms of the member's benefit plan.

If any payment amount is mistakenly or erroneously collected from a member, you must make a refund of that amount to the member.

5. Filing a claim for payment

  • You must submit a claim to Medi-Pak® Advantage for an Original Medicare covered service within the same time frame you would have to submit under Original Medicare, which is within one calendar year after the date of service. Failure to be timely with claim submissions may result in non-payment. The rules for submitting timely claims under Original Medicare can be found at: https://www.cms.gov/MLNMattersArticles/downloads/MM6960.pdf
  • Prompt Payment—Medi-Pak® Advantage will process and pay clean claims within 30 days of receipt. If a clean claim is not paid within the 30-day time frame, Medi-Pak® Advantage will pay interest on the claim according to Medicare guidelines. A clean claim includes the minimum information necessary to adjudicate a claim, not to exceed the information required by Original Medicare. Medi-Pak® Advantage will process all non-clean claims and notify providers of the determination within 60 days of receiving such claims.
  • Submit claims using the standard CMS-1500, CMS-1450 (UB-04), or the appropriate electronic filing format.
  • Use the same coding rules and billing guidelines as Original Medicare, including Medicare CPT Codes, HCPCS codes and defined modifiers. Bill diagnosis codes to the highest level of specificity.
  • Include the following on your claims:
    • National Provider Identifier.
    • The member's ID number, including the 3-digit prefix.
    • Date(s) of service.
  • For providers that are paid based upon interim rates, include with your claim a copy of your current interim rate letter if the interim rate has changed since your previous claim submission.
  • Coordination of Benefits: All Medicare secondary payer rules apply. These rules can be found in the Medicare Secondary Payer Manual located at: http://www.cms.gov/Manuals/IOM/list.asp

    Providers should identify primary coverage and provide information to Medi-Pak® Advantage at the time of billing.

  • Where to submit a claim:
    • For electronic claim submission, submit to your local Blue Plan.
    • For paper claim submission, submit to your local Blue Plan.
  • If you have problems submitting claims to us or have any billing questions, contact our technical billing resource at 501-378-2336.

6. Maintaining medical records and allowing audits

Deemed providers shall maintain timely and accurate medical, financial and administrative records related to services they render to Medi-Pak® Advantage members. Unless a longer time period is required by applicable statutes or regulations, the provider shall maintain such records for at least 10 years from the date of service.

Deemed providers must provide Medi-Pak® Advantage, the Department of Health and Human Services, the Comptroller General, or their designees access to any books, contracts, medical records, patient care documentation, and other records maintained by the provider pertaining to services rendered to Medicare beneficiaries enrolled in a Medicare Advantage plan, consistent with federal and state privacy laws. Such records will primarily be used for Centers for Medicare & Medicaid Services (CMS) audits of risk adjustment data upon which CMS capitation payments to Medi-Pak® Advantage are based. Providers are required to furnish member medical records without charge when the medical records are required for government use.

Medi-Pak® Advantage also may request records for activities in the following situations: Medi-Pak® Advantage audits of risk adjustment data, determinations of whether services are covered under the plan, are reasonable and medically necessary, and whether the plan was billed correctly for the service; to investigate fraud and abuse; in order to make advance coverage determinations; and to document compliance with regulatory reporting requirements for quality measures. Medi-Pak® Advantage will not use these records for any purpose other than the intended use. Providers are required to furnish these member medical records without charge.

Medi-Pak® Advantage will not use medical record reviews to create artificial barriers that would delay payments to providers. Both mandatory and voluntary provision of medical records must be consistent with HIPAA privacy law requirements.

7. Getting an advance organization determination

Providers may choose to obtain a written advance coverage determination (known as an organization determination) from Medi-Pak® Advantage before furnishing a service in order to confirm whether the service is medically necessary and will be covered by Medi-Pak® Advantage. To obtain an advance organization determination, call us at 877-233-7022. Medi-Pak® Advantage will make a decision and notify you and the member within 14 days of receiving the request, with a possible 14-day extension either due to the member's request or a Medi-Pak® Advantage justification that the delay is in the member's best interest. In cases where you believe that waiting for a decision under this time frame could place the member's life, health, or ability to regain maximum function in serious jeopardy, you can request an expedited determination. To obtain an expedited determination, call us at 800-285-6687. We will notify you of our decision as expeditiously as the enrollee's health condition requires, but no later than 72 hours after receiving the request, unless we invoke a (up to) 14-day extension either due to the member's request or Medi-Pak® Advantage's justification (for example, the receipt of additional medical evidence may change Medi-Pak® Advantage's decision to deny) that the delay is in the member's best interest.

In the absence of an advance organization determination, Medi-Pak® Advantage can retroactively deny payment for a service furnished to a member if we determine that the service was not covered by our plan or was not medically necessary. However, providers have the right to dispute our decision by exercising member appeals rights (see the Federal regulations at 42 CFR Part 422, subpart M, or Chapter 13 of the Medicare Managed Care Manual).

8. Provider payment dispute resolution process

If you believe that the payment amount you received for a service is less than the amount indicated in the Medi-Pak® Advantage terms and conditions of payment, you have the right to dispute the payment amount by following Medi-Pak® Advantage dispute resolution process.

To file a payment dispute with Medi-Pak® Advantage, send a written dispute to Medi-Pak® Advantage, Provider Dispute Department, P.O. Box 2181, Little Rock, AR 72203 or call us at 877-233-7022. Additionally, please provide appropriate documentation to support your payment dispute (e.g., a remittance advice from a Medicare carrier would be considered such documentation). Claims must be disputed within 120 days from the date payment is initially received by the provider. Note that in cases where Medi-Pak® Advantage re-adjudicates a claim, for instance, when Medi-Pak® Advantage discovers the claim was processed incorrectly the first time, you have an additional 120 days from the date you are notified of the re-adjudication in which to dispute the claim.

Medi-Pak® Advantage will review your dispute and respond to you within 30 days from the time the provider payment dispute is first received by Medi-Pak® Advantage. If Medi-Pak® Advantage agrees with the reason for your payment dispute, Medi-Pak® Advantage will pay you the additional amount you are requesting, including any interest that is due. Medi-Pak® Advantage will inform you in writing if the decision is unfavorable and no additional amount is owed.

After the Medi-Pak® Advantage payment dispute resolution process is completed, if you still believe that Medi-Pak® Advantage reached an incorrect decision regarding payment on your claim, you may file an additional request for review with an independent review organization contracted by CMS. To file this additional request for review of a payment dispute with the independent review organization, you may contact the Payment Dispute Resolution Contractor (PDRC) directly at:

C2C Solutions, Inc.

Payment Dispute Resolution Contractor
P.O. Box 44017
Jacksonville, FL 32231-4017

The PDCR also may be reached by email at PDRC@C2Cinc.com, by fax at 904-361-0551, or by phone at 904-791-6430. You will be required to submit specific information for your request to the PDRC to be considered valid. Note that you must first complete the Medi-Pak® Advantage payment dispute resolution process before you can request a review by the independent review organization.

9. Member and provider appeals and grievances

Medi-Pak® Advantage members have the right to file appeals and grievances with Medi-Pak® Advantage when they have concerns or problems related to coverage or care. Members may appeal a decision made by Medi-Pak® Advantage to deny coverage or payment for a service or benefit that they believe should be covered or paid for. Members should file a grievance for all other types of complaints not related to the provision or payment for health care.

A physician who is providing treatment may, upon notifying the member, appeal pre-service organization determination denials to the plan on behalf of the member. The physician may also appeal a post-service organization determination denial as a representative, or sign a waiver of liability (promising to hold the member harmless regardless of the outcome) and appeal the denial using the member appeal process. There must be potential member liability (e.g., an actual claim for services already rendered as opposed to an advance organization determination), in order for a provider to appeal utilizing the member appeal process.

A non-physician provider may appeal organization determinations on behalf of the member as a representative, or sign a waiver of liability (promising to hold the member harmless regardless of the outcome) and appeal post-service organization determinations (e.g., claims) using the member appeal process. As noted above, there must be potential member liability in order for a provider to appeal utilizing the member appeal process.

If a provider appeals using the member appeal process, the provider agrees to abide by the statutes, regulations, standards, and guidelines applicable to the Medicare PFFS Member appeals and grievance processes.

The Medi-Pak® Advantage Member Evidence of Coverage (EOC) provides more detailed information about the member appeal and grievance processes. The member EOC is posted under the Medi-Pak® Advantage link on the website located at: http://www.arkbluecross.com

You can call Customer Service at 877-233-7022 or 800-676-BLUE (800-676-2583) for more information on our member appeals and grievance policies and procedures.

10. Providing members with notice of their appeals rights – Requirements for Hospitals, SNFs, CORFs and HHAs

Hospitals must notify Medicare beneficiaries, including Medicare Advantage beneficiaries enrolled in PFFS plans, who are hospital inpatients about their discharge appeal rights by complying with the requirements for providing the Important Message from Medicare (IM), including complying with the normal time frames for delivery. For copies of the notice and additional information regarding this requirement, go to: http://www.cms.gov/BNI/12_HospitalDischargeAppealNotices.asp

Skilled nursing facilities, home health agencies, and comprehensive outpatient rehabilitation facilities must notify Medicare beneficiaries, including Medicare Advantage beneficiaries enrolled in PFFS plans, about their right to appeal a termination of services decision by complying with the requirements for providing the Notice of Medicare Non-Coverage (NOMNC), including complying with the normal time frames for delivery. For copies of the notice and the notice instructions, go to: http://www.cms.gov/BNI/09_MAEDNotices.asp

As directed in the instructions, the NOMNC should contain the Medi-Pak® Advantage contact information somewhere on the form (such as in the additional information section on page 2 of the NOMNC).

Hospitals, home health agencies, comprehensive outpatient rehabilitation facilities, or skilled nursing facilities must provide members with a detailed explanation on behalf of the plan if a member notifies the Quality Improvement Organization (QIO) that the member wishes to appeal a decision regarding a hospital discharge (Detailed Notice of Discharge) or termination of home health agency, comprehensive outpatient rehabilitation facility or skilled nursing facility services (Detailed Explanation of Non-coverage) within the time frames specified by law. For copies of the notices and the notice instructions, go to: http://www.cms.gov/BNI/12_HospitalDischargeAppealNotices.asp and http://www.cms.gov/BNI/09_MAEDNotices.asp

11. If you need additional information or have questions

If you have general questions about the Medi-Pak® Advantage terms and conditions of payment, contact us at 877-233-7022, Monday – Friday, 8 a.m. to 8 p.m. or mail us at Medi-Pak® Advantage, P.O. Box 2181, Little Rock, AR 72203-2181.

  • If you have questions about submitting claims, call 501-378-2336.
  • If you have questions about plan payments, call 877-233-7022.