The contractor
shall not contact the beneficiary or the provider(s) for TPL information
for state agency claims. When submitting claims to TRICARE for recovery
of payments made, the state agency should attach information regarding
possible TPL for those claims which carry a diagnosis requiring
development (see the TOM,
Chapter 10). However,
if the TPL data submitted is not adequate to provide all the information
required, return the claim to the state agency to obtain the necessary
information. If the state agency does not provide the necessary
information within 35 calendar days, the claim shall be denied.
It is expected that the state agency will have a fully developed file
to establish or to rule out possible TPL. If TPL is involved, the
state should have exercised its subrogation rights and the state’s
beneficiary claim file should reflect complete data, including the
amount paid under TPL. Where TPL does exist, the TRICARE claim liability
should be minimal.