2017 Arkansas Code
Title 11 - Labor and Industrial Relations
Chapter 9 - Workers' Compensation
Subchapter 1 - General Provisions
§ 11-9-118. Provider payments while claims are pending
- (a) No hospital, physician, or other health care provider shall bill or attempt to collect any fee or any portion of a fee for services rendered to an employee due to a work-related injury or report to any credit reporting agency any failure of the employee to make the payment, when a claim for compensation has been filed under this chapter and the hospital, physician, or health care provider has received actual notice given in writing by the employee or the employee's representative. Actual notice shall be deemed received by the hospital, physician, or health care provider five (5) days after mailing by certified mail by the employee or his or her representative to the hospital, physician, or health care provider.
- (b) The notice shall include:
- (1) The name of the employer;
- (2) The name of the insurer, if known;
- (3) The name of the employee receiving the services;
- (4) The general nature of the injury, if known; and
- (5) Where a claim has been filed, the claim number, if known.
- (c) When an injury or bill is found to be noncompensable under this chapter, the hospital, physician, or other health care provider shall be entitled to pursue the employee for any unpaid portion of the fee or other charges for authorized services provided to the employee. Any applicable statute of limitations for an action for the fees or other charges shall be tolled from the time notice is given to the hospital, physician, or other health care provider until a determination of noncompensability in regard to the injury which is the basis of the services is made, or in the event that there is an appeal to the Workers' Compensation Commission, the Court of Appeals, or the Supreme Court, until a final determination of noncompensability is rendered and all appeal deadlines have passed.
- (d) This section shall not avoid, modify, or amend any other section or subsection of this chapter, including, but not limited to, the prohibition against balanced billing contained in § 11-9-508(d)(3) and any rules and regulations adopted thereunder.
- (e) An order by the commission pursuant to this section shall stay all proceedings for collection.
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