(a) An insurance carrier may perform an audit of a medical bill that has been submitted by a health care provider to the insurance carrier for reimbursement. The insurance carrier may not audit a medical bill upon which it has taken final action.
(b) If an insurance carrier decides to conduct an audit of a medical bill, the insurance carrier shall:
  (1) provide notice to the health care provider no later than the 45th day after the date the insurance carrier received the complete medical bill. For onsite audits, provide notice in accordance with subsection (c) of this section;
  (2) pay to the health care provider no later than the 45th day after receipt of the health care provider's medical bill, for the health care being audited:
    (A) for a workers' compensation health care network established under Insurance Code Chapter 1305, 85 percent of the applicable contracted amount; or
    (B) for services not provided under Insurance Code Chapter 1305, 85 percent of:
      (i) the maximum allowable reimbursement amounts established under the applicable Division fee guidelines;
      (ii) the contracted amount for services not addressed by Division fee guidelines; or
      (iii) the fair and reasonable reimbursement in accordance with §134.1 of this title (relating to Medical Reimbursement) for services not addressed by clause (i) or (ii) of this subparagraph;
  (3) make a determination regarding the relationship of the health care services provided for the compensable injury, the extent of the injury, and the medical necessity of the services provided; and
  (4) complete the audit and pay, reduce, or deny in accordance with §133.240 of this chapter (relating to Medical Payments and Denials) no later than the 160th day after receipt of the complete medical bill.
(c) If the insurance carrier intends to perform an onsite audit, the notice shall include the following information for each medical bill that is subject to audit:
  (1) employee's full name, address, and Social Security number;
  (2) date of injury;
  (3) date(s) of service for which the audit is being performed;
  (4) insurance carrier's name and address;
  (5) a proposed date and time for the audit, subject to mutual agreement; and
  (6) name and telephone number of the person who will perform the onsite audit, has the authority to act on behalf of the insurance carrier, and shall personally appear for the onsite audit at the scheduled date and time.
(d) During the insurance carrier's onsite audit, the health care provider shall:
  (1) make available to the insurance carrier: all notes, reports, test results, narratives, and other documentation the health care provider has relating to the billing(s) subject to audit; and
  (2) designate one person with authority to: negotiate a resolution, serve as the liaison between the health care provider and the insurance carrier, and be available to the insurance carrier's representative.
(e) On the last day of the onsite audit, the health care provider's liaison and the insurance carrier's representative shall meet for an exit interview. The insurance carrier's representative shall present to the health care provider's liaison a list of unresolved issues related to the health care provided and the billed charges. The health care provider's liaison and the insurance carrier's representative shall discuss and attempt to resolve the issues.

Source Note: The provisions of this §133.230 adopted to be effective May 2, 2006, 31 TexReg 3544