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Survey of Legislation on Third Party Reimbursement for Nurses

Published online by Cambridge University Press:  27 April 2021

Extract

Direct reimbursement by insurers for the services of nurses and nurse practitioners is a primary goal of many state and national associations of nurses. Direct reimbursement means either that a nurse is paid directly by the insurer for nursing or nurse practitioner services rendered, or that the patient is reimbursed for costs incurred for those services. The issue is important to nurses for several reasons.

First, reimbursement allows rhe consumer of health care a wider choice of types of providers from whom to purchase care. As a practical matter, if an insurer does not reimburse for the care rendered by one type of professional, patients are likely to seek care from another whose services are paid by health insurance. The General Accounting office, for example, has lited restrictive third party reimbursement practices as one of the obstacles impeding the wider use of nurse-midwives. Second, some types of health care are less expensive when rendered by a nurse or a nurse practitioner; reimbursement thus can provide quality care at a lower cost. Third, reimbursement is a form of recognition that practice styles are changing. In 1983, West Virginia became the first state that explicitly reimburses for care provided by “nonsalaried duly licensed registered professional nurses engaged in private nursing practice or partnership.”

Type
NLE Rounds
Copyright
Copyright © American Society of Law, Medicine and Ethics 1983

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References

U.S. General Accounting Office, Availability of Nurse-Midwife Services under Federal Health Care Programs (U.S. Gov't Printing Office, Washington, D.C.) (June 4, 1982). See also U.S. General Accounting Office, Better Management and More Resources Needed to Strengthen Federal Efforts to Improve Pregnancy Outcome (U.S. Gov't Printing Office, Washington, D.C.) (January 21, 1980).Google Scholar
47 Fed. Reg. 21049 (May 17, 1982).Google Scholar
W. Va. Code art. 15 §33-15-4(b) (Cum. Supp. 1983).Google Scholar
Haire, D., Health Insurance Coverage for Nurse-Midwifery Services: Results of a National Survey, Journal of Nurse-Midwifery 27: 35 (November/December 1982).Google Scholar
44 Fed. Reg. 58709 (October 11, 1979).Google Scholar
32 C.F.R. §199.12(c)(3)(iii)(d)(1) (1982).Google Scholar
32 C.F.R. §199.12(c)(3)(iii)(d)(2) (1982).Google Scholar
42 C.F.R. Parts 405, 435, 436, 440, 441 (1982). See also 47 Fed. Reg. 21046 (May 17, 1982).Google Scholar
42 C.F.R. §441.21 (1982).Google Scholar
See Cohn, S., Legislative Survey of Nurse-Midwifery Practice, Journal of Nurse-Midwifery (forthcoming, March/April 1984).Google Scholar
Alaska Stat. §21.42.355 (Cum. Supp. 1983).Google Scholar
Id. §21.42.355(b).Google Scholar
Cal. Health & Safety Code §1373 (1983); Cal. Ins. Code §§10176, 10177, 11512.8 (1983).Google Scholar
Cal. Ins. Code §10176(b) (1983).Google Scholar
Md. Ann. Code art. 48A, §490A-1 (1983) (despite its title, Reimbursement for Services Performed by Dentists, this provision refers to all licensed health care providers).Google Scholar
Md. Ann. Code art. 48A, §§354S, 470-O (1983).Google Scholar
Md. Ann. Code art. 48A, §§354N, 470M, 477R (1983).Google Scholar
Id. §490A-2.Google Scholar
1983 Minn. Sess. Law Serv. ch. 221, amending Minn. Stat. §62A. 15, subd. 3a (1982).Google Scholar
Miss. Code Ann. §83-41-213 (Cum. Supp. 1983).Google Scholar
1983 Mont. Laws Senate Bill No. 70 (approved April 1983).Google Scholar
N.J. Stat. Ann. §17:48A-34 (Cum. Supp. 1983–84).Google Scholar
N.M. Stat. Ann. §59-18-19 (Cum. Supp. 1983).Google Scholar
N.Y. Ins. Law §162a (Cum. Supp. 1983) (reimbursement for hospitalization for normal maternity may be limited to four days regardless of the fact that payment for other illness is not so limited).Google Scholar
Or. Rev. Stat. §743.128(1981).Google Scholar
Pa. Stat. Ann. tit. 40, §§3001–3003 (Cum. Supp. 1983–84).Google Scholar
S.D. Codified Laws Ann. §58-17-54 (Supp. 1983).Google Scholar
Utah Code Ann. §31-27-24(I) (Cum. Supp. 1982).Google Scholar
In re Boehme, Insurance Commissioner Op. No. 78-36 (April 1979).Google Scholar
Wash. Rev. Code Ann. §§48.20.411, 48.21.141,48.44.290 (Cum. Supp. 1983).Google Scholar
W. Va. Code art. 15§33-15-4(b) (Cum. Supp. 1983).Google Scholar
See American Nurses’ Association, Third-Party Reimbursement Legislation for Services of Nurses: A Report of Changes in State Health Insurance Law, pp. 12–14 (June 20, 1983).Google Scholar
Midwife Deliveries Up Slightly in 1980, NCHS Data Show, Quickening, p. 13 (May/June 1983) (published by the American College of Nurse-Midwives) (the data do not distinguish between deliveries attended by certified nurse-midwives and those done by lay midwives).Google Scholar
See, e.g., La. Rev. Stat. Ann. §12:1071, et seq. (Cum. Supp. 1983).Google Scholar