Health Claims and Contract Provisions

Quick Answer

Claim provisions explain how to report a loss, provide evidence, and receive an approved benefit. They also address examinations, who receives payment, and when a claimant may sue. Exact wording and time limits vary by policy and law. Identify each provision's purpose and the event that starts its deadline.

What Does Each Claim Provision Do?

ProvisionFunction
Notice of claimAlerts the insurer to a possible covered loss.
Claim formsProvide a format for claim information.
Proof of lossSupports the benefit request with evidence of the expense or disability.
Time of paymentStates when a covered benefit is due after required proof is received.
Payment of claimsIdentifies who receives an approved benefit, such as the insured, a provider, or a named beneficiary for a death benefit.
Examination and autopsyDefine additional claim-investigation rights. An autopsy is an examination of a body after death.
Legal actionsSet the earliest and latest times to sue after required proof, subject to governing law.
  • To calculate a deadline, identify the event that starts the period and the stated counting rule. Notice, forms, complete proof, and approval may occur on different dates. A later approval does not restart a period that the contract starts on receipt of complete proof.
  • A beneficiary designation does not bypass the policy's coverage and proof conditions.

Exam Tip: Gotchas

  • Health claim deadlines depend on the contract and governing law. Never transfer a deadline from one policy form to another.

Applying the claim provisions

  • Notice can go to the insurer or an agent authorized to receive it. A producer license alone does not establish that authority.
  • Report the possible loss through the required channel without waiting for every final bill. An estimate in the notice does not establish the payable benefit.
  • If the contract permits written proof when the insurer delays its forms, submit that proof within the applicable period. The insurer still reviews coverage and the amount claimed.
  • Match records to the missing fact. A medical statement can document work restrictions; an attendance log documents absence. A bill shows a charge; a receipt can show actual payment when that proof is requested.
  • When the issued policy grants the right, the insurer can choose the examiner and pays for examinations it reasonably requires while a claim is pending. A repeat examination may be allowed when reasonably needed.
  • An autopsy right applies only where law permits. It can support claim investigation before benefit approval, and the insurer bears its expense under the standard provision.
  • A valid assignment, a transfer of stated policy rights, can redirect an approved benefit to a provider. It does not decide the benefit amount or replace the payment-timing provision.
  • An assignment may cover only part of a benefit. Pay the assigned portion as directed and the remaining benefit according to the policy.

Example: The policy pays an approved $1,000 benefit to the insured except for a valid $700 assignment to a provider:

  1. Pay the assigned $700 to the provider.
  2. Subtract that portion: $1,000 − $700 = $300.
  3. Pay the remaining $300 to the insured, the policy's remaining payee.

Where Should You Find a Claim Deadline?

A member asks when to file a claim. The producer, the insurance professional helping arrange coverage, locates the issued contract and directs the member to the insurer's claims unit instead of guessing a deadline.

Why Does Preauthorization Not Guarantee Payment?

  • Preauthorization, also called prior authorization, is an advance medical-necessity decision for a specified service or item. A plan may require it before nonemergency care.
  • Preauthorization, a provider estimate, or a completed claim form does not alone prove that a service is covered.
  • The allowed amount, also called the eligible expense, is the plan-recognized maximum for a covered service. It can be lower than the provider's billed charge.
  • The insurer applies the policy to the service, allowed amount, eligibility, documentation, exclusions, benefit limits, and cost sharing.
  • Apply the deductible, copayment, or coinsurance to the base stated by the plan. Do not assume the entire provider bill is payable.

Exam Tip: Gotchas

  • Prior authorization and a claim form do not prove the service is covered.

From claim notice to payment

  • The usual claim sequence is notice of claim, insurer-provided forms, proof of loss, review, and payment or explanation of the decision.
  • Notice alerts the insurer; forms gather information; proof substantiates the expense or disability.
  • For an ongoing disability claim, follow the policy's requirements for updated proof. Earlier approval does not replace proof reasonably required to review later benefit periods.
  • A provision for time of payment explains when an approved benefit is due after proof is received.
  • The policy also may allow examination or, after death, an autopsy where legally permitted.
  • A legal-actions clause sets the earliest and latest times a claimant may sue after required proof, subject to governing law. Its waiting period and final filing limit serve different purposes.
  • The exact deadlines for notice, proof, and legal action can differ by policy and jurisdiction.
  • Keep copies of submitted records and use the insurer’s claims channel; a producer should not replace the claims administrator or guess at a deadline.

What Should You Check on Exam Day?

  • What is the difference between notice of claim and proof of loss?
  • When does a payment-timing clause operate?
  • Why should a producer avoid guessing at claim deadlines?