1.0 POLICY
1.1 Existence
of Other Coverage
Double coverage consists of medical
benefits coverage by both TRICARE and another medical/hospital insurance,
medical service, or health plan (with the exception of Medicaid
and certain other programs identified by Defense Health Agency (DHA),
e.g., the Indian Health Service (IHS) and State Victims Assistance
Plans). Prior to payment of any claim for services or supplies rendered
to any TRICARE beneficiary, regardless of eligibility status, it
must be determined whether other coverage exists. If other coverage
exists, TRICARE coverage is available only as secondary payer, and
only after a claim has been filed with the other plan and a payment
determination issued. This must be done regardless of any provisions
contained in the other coverage. For example, a dependent child
who is eligible for TRICARE through his/her natural parent may also
be eligible for some other coverage through a step-parent. The step-parent’s
coverage is primary payer, regardless of any provision in that coverage
which provides that the natural parent’s coverage is primary. A
contractor shall coordinate benefits and obtain the information
regarding the other insurance payment to determine what the TRICARE
liability is to assure that:
1.1.1 TRICARE beneficiaries receive maximum benefits
from their health coverage, but no more than they are entitled to
receive, and
1.1.2 The
combined payments under TRICARE and the double coverage plan do
not exceed the total charges.
1.2 Last Pay Limitation
Except for certain
situations in which Medicare is the primary payer (see
Section 4, paragraph 1.0), no more can be
paid as secondary payer than would have been paid in the absence
of other coverage. TRICARE, as secondary payor, cannot reimburse
charges for any services or supplies which are not otherwise covered
under the program. TRICARE benefits cannot be paid for services
received prior to TRICARE eligibility. The application of double
coverage provisions does not extend or add to the usual payment
amounts under TRICARE.
1.3 Lack of Payment by Other Health Insurer
Amounts
which have been denied by the other coverage simply because the
claim was not filed timely with the other coverage or because the
beneficiary failed to meet some other requirement of coverage cannot
be paid. If a statement from the other coverage as to how much would
have been paid had the claim met the other coverage’s requirements
is provided to the contractor, the claim can be processed as if
the other coverage actually paid the amount shown on the statement.
If no such statement is received, the claim is to be denied.
1.4 Definitions
1.4.1 Insurance
Plan
1.4.1.1 An
insurance plan is any plan or program which is designed to provide
compensation or coverage for expenses incurred by a beneficiary
for medical services and supplies. It includes plans or programs
for which the beneficiary pays a premium to an issuing agent as
well as those plans or programs to which the beneficiary is entitled
by law or as a result of employment or membership in, or association
with, an organization or group. An insurance plan provided to a
beneficiary as a result of his or her status as a student (student
insurance) is also included.
1.4.1.2 Not included
are:
• So-called supplemental insurance plans
which, for all categories of beneficiaries, provide solely for cash
payment of deductibles, cost-shares, and amounts for non-covered
services due to program limitations or for which the enrollee is
liable (see
Chapter 1, Section 26); or
• Income maintenance programs which provide
cash payments for periods of hospitalization or disability, regardless
of the amount or type of services required or the expenses incurred.
These plans are not intended to actually pay for medical services, but
are intended only to supplement the beneficiary’s income during
a time of increased expenses, and perhaps lowered income. On the
other hand, a plan which varies its benefits depending on the care
received or the patient’s diagnosis would be considered health insurance
coverage as opposed to an income supplement and would be primary
payer to TRICARE. Any payment made directly to the provider of care as
opposed to the beneficiary can be assumed to be an insurance plan
and not an income supplement; or
• State Victims of Crime Compensation Programs.
• Automobile liability/no fault insurance
which provide compensation for health and medical expenses relating
to a personal injury arising from the operation of a motor vehicle.
1.4.2 Medical Service
Or Health Plan
1.4.2.1 A
medical service or health plan is any plan or program of an organized
health care group, corporation or other entity for the provision
of health care to an individual from plan providers, both professional
and institutional. It includes plans or programs for which the beneficiary
pays a premium to an issuing agent as well as those plans or programs
to which the beneficiary is entitled by law or as a result of employment
or membership in, or association with, an organization or group.
1.4.2.2 Not included
are:
• Certain federal Government programs which
are designed to provide benefits to a distinct beneficiary population
and for which entitlement does not derive from either premium payment
or monetary contribution (e.g., Medicaid and Worker’s Compensation).
• Health care delivery systems not considered
within the definition of either an insurance plan, medical service
or health plan including the Department of Veterans Affairs (DVA)/Veterans
Health Administration (VHA), the Maternal and Child
Health Program, the Indian Health Services (IHS), and entitlement
to receive care from the designated provider. These programs are
designed to provide benefits to a distinct beneficiary population,
and they require no premium payment or monetary contribution prior
to obtaining care.
1.5 No Waiver
of Benefit From Other Insurer
Beneficiaries
may not waive benefits due from any plan which meets the above definitions.
If a double coverage plan provides, or may provide, benefits for
the services, a claim must be filed with the double coverage plan.
Refusal by the beneficiary to claim benefits from the other coverages
must result in a denial of TRICARE benefits. Benefits are considered
to be the services available. For example, if the other plan includes
psychotherapy as a benefit, but only by a psychiatrist, the beneficiary
cannot elect to waive this benefit in order to receive services
from a psychologist. For TRICARE for Life (TFL) claims, an exception
exists for mental health counselors and pastoral counselors as well
as for services received under a private contract (see
Section 4, paragraph 1.3.1.4).
1.6 Beneficiary
Liability
In all double coverage situations,
a beneficiary’s liability is limited by all TRICARE provisions.
As a result, a provider cannot collect from a TRICARE beneficiary
any amount that would result in total payment to the provider that
exceeds TRICARE limitations. For example, a beneficiary is not liable
for any cost-sharing or deductible amounts required by the primary
payer, if the sum of the primary payer’s and payments made by TRICARE
are at least equal to 115% of the allowable amount authorized by TRICARE
for a nonparticipating provider. This is true whether TRICARE actually
makes any payment or not. This also applies to claims from participating
non-network providers and from network providers. Because of the
payment calculations, the provider usually will receive payments
from the primary payer and from TRICARE that equal the billed charges.
In those rare cases where this does not occur, the provider cannot
collect any amount from the beneficiary that would result in payment
that exceeds the allowable amount authorized under TRICARE.
Note: It
is important to note that this paragraph addresses beneficiary liability
and does not change in any way the amounts the TRICARE Program will
pay based on provisions elsewhere in this chapter.
1.7 Claims Processed
Under the Diagnosis Related Group (DRG)-Based Payment System or the
Inpatient Mental Health Per Diem Payment System
When double
coverage exists on a claim processed under the DRG-based payment
system or the inpatient mental health per diem payment system, the
payment cannot exceed an amount that, when combined with the primary
payment, equals the lesser of the DRG-based amount, the inpatient mental
health per diem based amount, or the hospital’s charges for the
services (including any discount arrangements). Thus, when the DRG-based
amount or the inpatient mental health per diem based amount is greater
than the hospital’s actual billed charge, and the primary payer
has paid the full billed charge, no additional payment will be made
under TRICARE. Similarly, when the DRG-based amount or the inpatient
mental health per diem based amount is less than the hospital’s
actual billed charge, and the primary payer has paid the full DRG-based
amount or inpatient mental health per diem based amount, no additional
payment can be made. Nor can the hospital bill the beneficiary for any additional
amounts in these cases.
1.8 Claims Processed Under The Reasonable
Cost Method For Critical Access Hospitals (CAHs)
When double
coverage exists on a claim processed under the reasonable cost method
for CAHs, the payment under TRICARE cannot exceed an amount that
when combined with the primary payment equals the lesser of the
established cap amount multiplied by the billed charges or 101%
of reasonable cost. The reasonable cost method for CAHs is the lesser
of the established/determined Cost-to-Charge Ratio (CCR) cap (reference
Chapter 15, Section 1 for Fiscal Year (FY)
inpatient and outpatient CCR cap) multiplied by billed charges or
101% of reasonable costs [1.01 x (hospital-specific CCR x billed charges)].
1.9
No
Legal Obligation to Pay
Payment
should not be extended for services and supplies for which the beneficiary
or sponsor has no legal obligation to pay; or for which no charge
would be made if the beneficiary was not an eligible TRICARE beneficiary.
Whenever possible, all double coverage claims should be accompanied
by an Explanation Of Benefits (EOB) from the primary insurer. If
the existence of a participating agreement limiting liability of
a beneficiary is evident on the EOB, payment shall be limited to
that liability; however, if it is not clearly evident, the claim
shall be processed as if no such agreement exists.
1.10 Claims Processed
Under The CCR Methodology for Sole Community Hospitals (SCHs)
When
double coverage exists on a claim processed under the CCR methodology
for SCHs, the payment under TRICARE cannot exceed an amount that
when combined with the primary payment equals the lesser of billed
charges, negotiated rate, or the CCR methodology as described in
Chapter 15, Section 1.