Stacy,

The definition of a health plan excludes any policy, plan, or program to
the extent that it provides or pays the cost of excepted benefits that
are defined at 42 USC 300gg91(c)(1).  This cite lists 8 benefits
including "workers compensation or similar insurance".

So, if your only line of busines is workers compensation, you are
excluded altogether from the HIPAA regulations and are not required to
comply with any of the transactions or other mandates.  If your company
has more than one line of business, the workers comp. "policy, plan, or
program" is excluded from HIPAA regulations.  

On the other hand, workers comp. programs often deal with many entites
that are required to comply - like providers, so these programs may
decide it is in their best interest to voluntarily comply with some or
all of the rules.

Covered providers are not required to send an electronic claim to
worker's comp. using the standard because the definition of a claim is
"from a provider to a health plan" and workers comp. is not a health
plan.  Same logic for the eligibility inquiries.  

Hope that helps.  

Leah Hole-Curry
Fox Systems, Inc.
  

>>> [EMAIL PROTECTED] 02/14/02 15:21 PM >>>
We would like to better understand the scope of the worker's
compensation
exception identified in the definition of health insurance issuer.  Does
this exception include all aspects of administering a worker's comp
program
(e.g. claims receipt, payment, notification, communications between
payer
and provider, etc.) or does it refer only to those administrative
activities
that process the claim (e.g. submitting to employer, notifying state
agencies, etc.)? 

As an example:

1)  Does a worker's comp claim sent from a provider to a health plan
have to
follow the standard 837 transaction?

2)  If a provider inquires about the status of a worker's comp claim,
must
the provider and the health plan follow the standard 276/277
transaction?

Thank you for your time and consideration.

Stacy Cruise



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