Senate Commerce Committee Statement to Senate, No. 1177 (May 16, 2022)
Summary
This is the Senate Commerce Committee Statement to Senate, No. 1177, with committee amendments, State of New Jersey, dated May 16, 2022. The committee reports favorably Senate Bill No. 1177, which as amended revises the arbitration processes in the "Out-of-network Consumer Protection, Transparency, Cost Containment and Accountability Act." The bill extends the time to negotiate a settlement after an inadvertent use of out-of-network services from 30 to 60 days, and extends the deadline to initiate binding arbitration from within 30 days of the final offer to within 90 days. It sets a difference between final offers of $1,000 or higher for a billed amount of $2,500 or more, or $500 or higher for a billed amount of less than $2,500. The bill also requires an arbitrator to include detailed written findings with each decision.
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“Senate Commerce Committee Statement to Senate, No. 1177 (May 16, 2022).”
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SENATE COMMERCE COMMITTEE
STATEMENT TO
SENATE, No. 1177
with committee amendments
STATE OF NEW JERSEY
DATED: MAY 16, 2022
The Senate Commerce Committee reports favorably Senate Bill
No. 1177, with committee amendments.
As amended, this bill amends the “Out-of-network Consumer
Protection, Transparency, Cost Containment and Accountability
Act” to revise certain aspects of the arbitration processes
established in that act for claims involving health insurance carriers
subject to the provisions of the act.
The bill extends the amount of time that the insurance carrier and
healthcare provider have to negotiate a settlement in the event of an
inadvertent use of out-of-network services from 30 to 60 days, and
extends the deadline for the carrier, provider, or covered person to
initiate binding arbitration in the event of a failure to reach a
settlement from within 30 days of the final offer to within 90 days
of the final offer. The bill provides that, in order for binding
arbitration to be initiated, the difference between a carrier’s and
provider’s final offers be $1,000 or higher for a billed amount of
$2,500 or more or $500 or higher for a billed amount of less than
$2,500.
Finally, the bill requires an arbitrator to include detailed written
findings with each decision. The detailed written findings are to be
an analysis of the decision including, but not be limited to,
information concerning any databases, previous awards, or other
documentation or arguments that contributed to the arbitrator’s
decision.
COMMITTEE AMENDMENTS
The committee amended the bill to remove a provision requiring
arbitrators to be certified by the Department of Banking and Insurance;
thereby preserving the requirement under current law that arbitrators
be certified by the American Arbitration Association.
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