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 ensure 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
payer,
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
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 non-participating 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 upon 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 14, Section 1.