Hold Harmless – US Family Health Plan
Participating US Family Health Plan providers have contractually agreed that, except for the collection of copayments, coinsurance, deductibles, payments for non-covered services, or payments for covered services provided after their agreement is terminated, in no event shall they bill, charge, collect a deposit from, or seek any recourse against any member or person acting on a member's behalf for covered services. Participating providers may bill or charge members for non-covered services if the member agrees in writing, prior to the provision of the services, to pay for the services.
US Family Health Plan contracted providers must obtain a signed Acknowledgement of Financial Responsibility Statement from the member in order to bill or collect for non-covered surgeries or TRICARE excluded services (see Member Handbook). General waiver forms signed at time of admission are not sufficient per TRICARE regulations. The waiver must be specific to the date of service and include the CPT code and the charge for the service.
As outlined in the TRICARE Operations Manual 6010.56-M, February 1, 2008, a network provider may not require payment from beneficiaries for any excluded services that the beneficiary received from the network provider and the beneficiary is "held harmless". Excluded or excludable services include TRICARE statutory exclusions (e.g. cosmetic procedures, certain durable medical equipment items or supplies) or services considered to be unproven or experimental. Providers are required to follow all applicable pre-authorization requirements, as Hold Harmless provisions apply.
Specifically, Chapter 5, Section 1, Network Development, states the following:
"A network provider may not require payment from the beneficiary for any excluded or excludable services that the beneficiary received from the network provider (i.e., the beneficiary will be held harmless) except as follows:
- If the beneficiary did not inform the provider that he or she was a TRICARE beneficiary, the provider may bill the beneficiary for services provided.
- If the beneficiary was informed that the services were excluded or excludable and he/she agreed in advance to pay for the services, the provider may bill the beneficiary. An agreement to pay must be evidenced by written records ("written records" include for example: 1) provider notes written prior to receipt of the services demonstrating that the beneficiary was informed that the services were excluded or excludable and the beneficiary agreed to pay for them; 2) a statement or letter written by the beneficiary prior to receipt of the services, acknowledging that the services were excluded or excludable and agreeing to pay for them; 3) statements written by both the beneficiary and provider following receipt of the services that the beneficiary, prior to receipt of the services, agreed to pay for them, knowing that the services were excluded or excludable). General agreements to pay, such as those signed by the beneficiary at the time of admission, are not evidence that the beneficiary knew specific services were excluded or excludable."
A TRICARE-approved, waiver of patient financial responsibility form is available in Forms and Documents.