1797 - Customary charges for treatment.

     § 1797.  Customary charges for treatment.        (a)  General rule.--A person or institution providing     treatment, accommodations, products or services to an injured     person for an injury covered by liability or uninsured and     underinsured benefits or first party medical benefits, including     extraordinary medical benefits, for a motor vehicle described in     Subchapter B (relating to motor vehicle liability insurance     first party benefits) shall not require, request or accept     payment for the treatment, accommodations, products or services     in excess of 110% of the prevailing charge at the 75th     percentile; 110% of the applicable fee schedule, the recommended     fee or the inflation index charge; or 110% of the diagnostic-     related groups (DRG) payment; whichever pertains to the     specialty service involved, determined to be applicable in this     Commonwealth under the Medicare program for comparable services     at the time the services were rendered, or the provider's usual     and customary charge, whichever is less. The General Assembly     finds that the reimbursement allowances applicable in the     Commonwealth under the Medicare program are an appropriate basis     to calculate payment for treatments, accommodations, products or     services for injuries covered by liability or uninsured and     underinsured benefits or first party medical benefits insurance.     Future changes or additions to Medicare allowances are     applicable under this section. If the commissioner determines     that an allowance under the Medicare program is not reasonable,     he may adopt a different allowance by regulation, which     allowance shall be applied against the percentage limitation in     this subsection. If a prevailing charge, fee schedule,     recommended fee, inflation index charge or DRG payment has not     been calculated under the Medicare program for a particular     treatment, accommodation, product or service, the amount of the     payment may not exceed 80% of the provider's usual and customary     charge. If acute care is provided in an acute care facility to a     patient with an immediately life-threatening or urgent injury by     a Level I or Level II trauma center accredited by the     Pennsylvania Trauma Systems Foundation under the act of July 3,     1985 (P.L.164, No.45), known as the Emergency Medical Services     Act, or to a major burn injury patient by a burn facility which     meets all the service standards of the American Burn     Association, the amount of payment may not exceed the usual and     customary charge. Providers subject to this section may not bill     the insured directly but must bill the insurer for a     determination of the amount payable. The provider shall not bill     or otherwise attempt to collect from the insured the difference     between the provider's full charge and the amount paid by the     insurer.        (b)  Peer review plan for challenges to reasonableness and     necessity of treatment.--            (1)  Peer review plan.--Insurers shall contract jointly        or separately with any peer review organization established        for the purpose of evaluating treatment, health care        services, products or accommodations provided to any injured        person. Such evaluation shall be for the purpose of        confirming that such treatment, products, services or        accommodations conform to the professional standards of        performance and are medically necessary. An insurer's        challenge must be made to a PRO within 90 days of the        insurer's receipt of the provider's bill for treatment or        services or may be made at any time for continuing treatment        or services.            (2)  PRO reconsideration.--An insurer, provider or        insured may request a reconsideration by the PRO of the PRO's        initial determination. Such a request for reconsideration        must be made within 30 days of the PRO's initial        determination. If reconsideration is requested for the        services of a physician or other licensed health care        professional, then the reviewing individual must be, or the        reviewing panel must include, an individual in the same        specialty as the individual subject to review.            (3)  Pending determinations by PRO.--If the insurer        challenges within 30 days of receipt of a bill for medical        treatment or rehabilitative services, the insurer need not        pay the provider subject to the challenge until a        determination has been made by the PRO. The insured may not        be billed for any treatment, accommodations, products or        services during the peer review process.            (4)  Appeal to court.--A provider of medical treatment or        rehabilitative services or merchandise or an insured may        challenge before a court an insurer's refusal to pay for past        or future medical treatment or rehabilitative services or        merchandise, the reasonableness or necessity of which the        insurer has not challenged before a PRO. Conduct considered        to be wanton shall be subject to a payment of treble damages        to the injured party.            (5)  PRO determination in favor of provider or insured.--        If a PRO determines that medical treatment or rehabilitative        services or merchandise were medically necessary, the insurer        must pay to the provider the outstanding amount plus interest        at 12% per year on any amount withheld by the insurer pending        PRO review.            (6)  Court determination in favor of provider or        insured.--If, pursuant to paragraph (4), a court determines        that medical treatment or rehabilitative services or        merchandise were medically necessary, the insurer must pay to        the provider the outstanding amount plus interest at 12%, as        well as the costs of the challenge and all attorney fees.            (7)  Determination in favor of insurer.--If it is        determined by a PRO or court that a provider has provided        unnecessary medical treatment or rehabilitative services or        merchandise or that future provision of such treatment,        services or merchandise will be unnecessary, or both, the        provider may not collect payment for the medically        unnecessary treatment, services or merchandise. If the        provider has collected such payment, it must return the        amount paid plus interest at 12% per year within 30 days. In        no case does the failure of the provider to return the        payment obligate the insured to assume responsibility for        payment for the treatment, services or merchandise.        (c)  Review authorized.--By December 1, 1991, the Legislative     Budget and Finance Committee shall commence a review of the     impact of this section. Such review may be conducted biennially.     (Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Feb. 7, 1990,     P.L.11, No.6, eff. Apr. 15, 1990)        References in Text.  The act of July 3, 1985 (P.L.164,     No.45), known as the Emergency Medical Serivces Act, referred to     in subsec. (a), was repealed by the act of August 18, 2009     (P.L.308, No.37). The subject matter is now contained in Chapter     81 of Title 35 (Health and Safety).        Cross References.  Section 1797 is referred to in section     1712 of this title.