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.