Dental Insurance Recoupment Laws
Insurance recoupment laws encompass several key concepts. Firstly, refund requests arising from fraud, misrepresentation, or inappropriate/abusive billing typically fall outside the general time limitations, although it is crucial to consult specific laws for precise details. Secondly, claims involving the coordination of benefits often afford a more extended timeframe for recoupment. Additionally, government entities typically operate within a more extended recoupment window. Lastly, it is noteworthy that numerous insurance contracts establish their own limitations on refund demands. While these contractual limitations may be less stringent than state laws necessitate, they cannot exceed the stipulations mandated by state law. It is essential for stakeholders to be aware of these nuances to ensure compliance within the complex landscape of insurance recoupment.
To Summarize:
- Refund requests due to fraud, misrepresentation, or inappropriate billing are usually exempt from time limitations; check specific laws for details.
- Coordination of benefits claims often has a longer recoupment time frame.
- Government entities also tend to have a lengthier time frame for recoupment.
- Many insurance contracts set their own limits on refund demands, which may be less than state law requires but cannot exceed it.
If you would like more information on how to manage or avoid refund demands that fall within the time limit, please refer to this article on how to handle dental insurance refund demands.
State | Time Limit | Other Factors | Source Law | Link |
---|---|---|---|---|
Alabama | 1 Year | 18 mo if COB | AL 27-1-17 | Link |
Alaska | No limit | - | AS 21.54.020 | Link |
Arkansas | 18 months | - | 23-63-1802 | Link |
Arizona | 1 year | - | 20-3012 | Link |
California | 365 days | - | 10133.66 | Link |
Colorado | 12 months ** | 36 mo if COV w/ federal. No refunds ever if verification of eligibility within 2 business days of DOS. | 10-16-106.5 and 10-16-704(4F) | Link |
Connecticut | 18 months | - | Section 38a-479b | Link |
Delaware | 24 months | - | CHAPTER 216 2730 | Link |
District of Colombia | 6 months | 18 mo if COB | 31-3133 | Link |
Florida | 12/30 months | Provider must respond in 40 days. No response = obligated to refund | 627-6131 | Link |
Georgia | 12 months | - | 33-20A-62 | Link |
Hawaii | 18 months | - | 431:13-108 | Link |
Idaho | - | - | No Law | N/A |
Illinois | 12 months | - | 215 ILCS 5/368d | Link |
Indiana | 2 years | - | IC 27-8-5.7-10 | Link |
Iowa | 2 years | No refunds under $25 ever | 191-15.33 | Link |
Kansas | 18 months | - | 40-2442 | Link |
Kentucky | 24 months | - | 304-17A-708 | Link |
Louisiana | Unique | Same as claims deadline (usually 12 months) | R.S. 22:250.34 B | Link |
Maine | 12 months | - | 24-A-4303 | Link |
Maryland | 6 months | 18 mo if COB | 15-1008 | Link |
Massachusetts | 12 months | - | Bill H.976 | Link |
Michigan | - | - | No Law | N/A |
Minnesota | 12 months | unless COB or retroactive termination | 62Q.75 | Link |
Mississippi | 12 months | Max same as claims deadline if lower | 83-41-219 | Link |
Missouri | 12 months | - | 376.384 | Link |
Montana | 12 months | Max same as claims deadline | 33-22-150 | Link |
Nebraska | 6 months | - | 210-60-011 | Link |
Nevada | - | - | No Law | N/A |
New Hampshire | 18 months | - | 420-J:8-B | Link |
New Jersey | 18 months | - | C.17B:30-48 | Link |
New Mexico | - | - | No Law | N/A |
New York | 24 months | - | SECTION 3224-B | Link |
North Carolina | 2 years | - | 58-3-225 | Link |
North Dakota | 12 months | - | 26.1-47-02.3 | Link |
Ohio | 2 years | - | 3901.388 | Link |
Oklahoma | 18 months | - | 36 O.S. 1250.2(5) | Link |
Oregon | 18 months | - | ORS 743B.451 | Link |
Pennsylvania | 24 months | - | Act 146 | Link |
Rhode Island | 18 months | - | 27-18-65 | Link |
South Carolina | 18 months | Except for self-insured or state/federal plans. | 38-59-250 | Link |
South Dakota | - | - | No Law | N/A |
Tennessee | 18 months | 6 months if verified | 56-7-110 | Link |
Texas | 180 days | - | 1301.1051 | Link |
Utah | 12 months | 24mo if COB, 36 month if government | 31A-26-301.6 | Link |
Vermont | 12 months | - | 18 V.S.A. 9418 | Link |
Virginia | 12 months | Max same as claims deadline if lower | 38.2-3407.15 | Link |
Washington | 24 months | 30mo if COB | 48.43.600 | Link |
West Virginia | 1 year | - | WVC 33-45-2 | Link |
Wisconsin | - | - | No Law | N/A |
Wyoming | - | - | No Law | N/A |
Disclaimer: The information presented in this spreadsheet is intended for general educational and informational purposes only. It should not, under any circumstances, be interpreted as legal advice. Dental Insurance Guy makes no assertions or warranties regarding the accuracy, veracity, or completeness of the information within this spreadsheet and assumes no liability for any consequences arising from its use.