A&H Policy ProvisionsQuestion 298 of 716

When a California health insurer fails to pay or contest a properly submitted CLEAN claim within the statutory deadline (generally 30 working days for paper / 30 calendar days for electronic), what is the principal financial consequence to the insurer?

a.The CDI automatically revokes the insurer's certificate of authority on the first missed deadline and without a hearing, because a prompt-payment violation is a strict-liability ground for immediate suspension of the right to transact
b.The provider must accept a payment reduced by half, because the statute makes a late claim payable at fifty percent of billed charges as the penalty for submitting a claim the insurer proved unable to adjudicate within the statutory window
c.Interest accrues automatically on the unpaid amount (generally at 10% per year, or 15% for certain emergency claims), payable to the provider/insured without need to request it, plus potential market-conduct sanctions
d.The claim is forgiven and the insurer owes the provider nothing at all, because missing the statutory window extinguishes the obligation and shifts the entire balance to the patient as an ordinary uncovered charge

Explanation

California Insurance Code §10123.13 (and §10350.7 for disability/health prompt-pay) imposes a duty on insurers to pay or contest a clean claim within 30 working days (paper) or 30 calendar days (electronic). Failure to do so causes interest to accrue automatically on the unpaid amount — generally 10% per year, or 15% for certain emergency-care claims under §10123.147 — payable to the claimant without the claimant having to request it, which is the response describing automatic interest plus potential market-conduct sanctions. Persistent violations can also trigger market-conduct examinations, fines, and enforcement actions by the CDI. The response saying the claim is forgiven and the balance shifts to the patient is wrong; the claim remains due. The response cutting the provider to fifty percent of billed charges fabricates a 50% haircut. Automatic revocation of the certificate of authority on the first missed deadline is far disproportionate; certificates of authority are revoked only for serious, sustained violations after due process. The accrual-of-interest remedy is the principal day-to-day enforcement mechanism.

Law Reference: California Insurance Code §10350.7 (prompt-pay interest); §10123.13

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