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Glossary

Prompt pay law

Short answer

A prompt pay law is a state statute or federal rule that requires a payer to pay or deny a clean claim within a set number of days after receiving it and to add interest or a penalty when it pays late.

Browse more terms in the medical billing glossary.

Last reviewed by the Remitwright billing team. Editorial policy

Also written asprompt pay lawsprompt payment lawprompt payment laws

Prompt pay laws put a clock on the payer, and the deadlines differ by state. New York gives insurers 30 days to pay a claim sent electronically and 45 days for one sent any other way, and 30 calendar days to deny it or ask for more information1. Florida gives 20 days for electronic claims and 40 for paper, charges 12 percent simple interest a year on overdue payments, and turns a claim still neither paid nor denied 120 days after receipt, 140 for paper, into an obligation the insurer can no longer contest2. For Original Medicare the clock is federal: a clean claim must be paid or denied no later than 30 days after receipt, and interest is owed after that3.

For A/R follow-up, these rules turn a slow payment into an obligation with interest attached, but only once the claim counts as received. Medicare does not treat a claim that fails basic format or completion requirements as received until it comes back corrected. Medicare also has a floor: it waits 13 days after receipt before paying a clean electronic claim and 26 days for paper, so the earliest an electronic claim can pay is day 143.

The mistake is assuming the state law covers every commercial claim. It reaches the insurers and plans the state regulates, which can leave out self-funded employer plans, and Medicare and Medicaid follow their own rules. When a regulated plan pays late, cite the statute and the receipt date in writing, and check that the interest arrives with the payment.

Example

Prompt pay law in practice

A New York practice sends a clean electronic claim to a state-regulated insurer on March 3. The insurer has 30 days, does not ask for more information and pays on April 20, so the payment is owed with interest for the late period at the greater of 12 percent a year or the rate the state tax commissioner sets for corporate taxes. Hypothetical example.

Next step

A prompt pay law is part of A/R follow-up, one of the services a dedicated biller runs for you.

See A/R follow-up

FAQ

Questions about a prompt pay law

Do prompt pay laws apply to self-funded employer plans?

Often not, because a state can enforce its insurance law only against the insurers and plans it regulates. Oklahoma's insurance department, for example, says complaints about self-funded employer plans covered by ERISA, Medicare and Medicaid fall outside its jurisdiction, and refers them to the plan administrator or employer, the U.S. Department of Labor, CMS or the Oklahoma Health Care Authority. Find out how a plan is funded before you cite a state statute.

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What do you bill for?

A little about your volume
How many providers? (Medical practice)

Trips per month? (NEMT)

Active clients? (Home care / home health)

Orders per month? (DME)

How many clinicians? (Behavioral health / therapy)

Claims per month, roughly? (Something else)

What's the biggest problem right now?

Where should we send the review?

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