11 CRR-NY 361.4NY-CRR
11 CRR-NY 361.4
11 CRR-NY 361.4
361.4 Pooling of the cost of treating specified medical conditions prior to January 1, 1999.
(a) In each pool area, a specified medical condition pooling fund is established. Each pool operates independently; that is, all calculations and payments described below are made for each pool independently of any other pool.
(b) Each carrier shall pay to the pooling fund each quarter, beginning with the second quarter of 1993, and ending December 31, 1998, an amount determined as the product of paragraphs (1), (2), and (3) of this subdivision:
(1) An amount determined by the superintendent each year by September 1st, with respect to payments required during the subsequent calendar year. For 1993, this amount will be $5.
(2) The number of family units with coverage of a single individual under a pooled insurance contract or policy, other than a Medicare supplement insurance policy, as of the beginning of the quarter, plus twice the number of family units with dependents coverage by the carrier under a pooled insurance contract or policy, other than a Medicare supplement insurance policy, as of the beginning of the quarter.
(3) A coverage factor, as follows:
Type of Contract | Coverage Factor |
---|---|
Basic Hospital or Basic Hospital/Surgical | 0.75 |
Wraparound or Supplemental Major Medical | 0.25 |
Basic and Supplemental Major Medical, Comprehensive Major Medical, HMO | 1.0 |
(c) Each carrier may collect from the pooling fund in lump sum an amount listed in Table 1, subdivision (e) of this section, for claims incurred prior to January 1, 1997 and in lump sum an amount listed in Table 3, subdivision (e) of this section for claims incurred between January 1, 1997 and December 31, 1997 (but in no event more than the carrier is required to pay for the care of the listed medical condition), by submitting a claim in the calendar year following the calendar year in which the claim was incurred except that the deadline for filing 1997 claims is extended from December 31, 1998 to July 31, 2000, upon certification to the superintendent by the carrier that:
(1) an individual has been diagnosed as having one of the medical conditions listed in Table 1 or Table 3, subdivision (e) of this section as applicable, and the course of medical care identified in Table 1 or Table 3 has been recommended and completed;
(2) the identified individual is covered by the carrier under a pooled insurance contract or policy, other than a Medicare supplement insurance policy, for the identified medical care; and
(3) no other carrier or other third-party payor has primary responsibility for the cost of that medical care.
In the event that the individual changes carriers or is covered by more than one carrier under pooled insurance contracts or policies, other than a Medicare supplement insurance policy, during the course of the identified medical care, payment from the pooling fund of the amount listed in Table 1 or Table 3, subdivision (e) of this section, shall be pro-rated among the carriers based upon each carrier's proportionate share of the cost of the identified medical care. Insurers and HMOs may not base decisions as to whether a course of medical care is covered by an insurance or HMO policy or contract on the presence of that course of medical care in Table 1 or Table 3, subdivision (e) of this section, or the absence of that course of medical care from Table 1 or Table 3.
Distributions from the pooling fund of the amounts listed in Table 1 or Table 3, subdivision (e) of this section, shall be made based upon the month in which the claim attributable to expenses was incurred by the carrier. Older claims, based on the date the medical service was provided, will be given priority for payment over more recent claims.
(d) Each carrier may collect from the pooling fund each month an amount listed in Table 2, subdivision (e) of this section, for claims incurred prior to January 1, 1997 and each month an amount listed in Table 4, subdivision (e) of this section for claims incurred between January 1, 1997 and December 31, 1997, but in no event more than the carrier is required to pay for the care of the listed medical condition, by submitting a claim in the calendar year following the calendar year in which the claim was incurred except that the deadline for filing 1997 claims is extended from December 31, 1998 to July 31, 2000, upon certification to the superintendent by the carrier that:
(1) an individual has been diagnosed as having one of the medical conditions listed in Table 2 or Table 4, subdivision (e) of this section as applicable;
(2) the identified individual is covered by the carrier under a pooled insurance contract or policy, other than a Medicare supplement insurance policy, with respect to medical care for the identified medical condition as of the end of each month for which reimbursement is sought; and
(3) no other carrier or other third-party payor has primary responsibility for the cost of that medical care.
In the event that the individual is covered by more than one carrier under a pooled insurance contract or policy, other than a Medicare supplement insurance policy, payments from the pooling fund of the amount listed in Table 2 or Table 4, subdivision (e) of this section, shall be pro-rated among the carriers based upon each carrier's proportionate share of the cost of medical care for the identified medical condition.
Distributions from the pooling fund of the amounts listed in Table 2 or Table 4, subdivision (e) of this section, shall be made based upon the month in which the claim attributable to expenses was incurred by the carrier. Older claims, based on the date the medical service was provided, will be given priority for payment over more recent claims.
(e) Tables.
Table 1
Medical Condition | Course of Medical Care | Pool Payment |
---|---|---|
Irreversible, progressive liver disease | Liver transplantation | $ 80,000 |
Irreversible, progressive heart disease | Heart transplantation | 76,000 |
Irreversible, progressive pancreas disease | Pancreas transplantation | 56,000 |
Irreversible, progressive lung disease | Pulmonary transplantation | 136,000 |
Severe aplastic anemia | Bone marrow transplantation | 120,000 |
Acute leukemia | Bone marrow transplantation | 120,000 |
Chronic myelogenous leukemia (CML) in controlled (not blastic) phase | Bone marrow transplantation | 120,000 |
Neuroblastoma, Stage III or Stage IV in complete remission | Bone marrow transplantation | 120,000 |
Myelodysplastic syndrome | Bone marrow transplantation | 120,000 |
Hodgkins disease | Bone marrow transplantation | 120,000 |
Non-Hodgkins lymphoma | Bone marrow transplantation | 120,000 |
Severe combined immune deficiencies (SCID) | Bone marrow transplantation | 120,000 |
Wiskott-Aldrich Syndrome | Bone marrow transplantation | 120,000 |
Other condition, approved by the Superintendent in clinical situations where bone marrow transplantation has proven to be effective | Bone marrow transplantation | 120,000 |
Neonate with birth weight of less than 1500 grams | ICU care for more than 30 days | 96,000 |
Table 2
Medical Condition | Monthly Payment |
---|---|
HIV disease where the CD4 count is below 50 on two consecutive tests | $ 2,000 |
ALS leading to ventilator dependency for more than 30 days | 13,000 |
Severe trauma leading to ventilator dependency for more than 30 days | 13,000 |
Severe muscular dystrophy leading to ventilator dependency for more than 30 days | 13,000 |
Table 3
Medical Condition or Criteria | Course of Medical Care or Primary Diagnoses | Maximum Pool Payment |
---|---|---|
AIDS | ICD-9 code 042, 043, 044, 136.3, 117.5, 112.81 through 112.85, 176; or use of any of attached Drugs in Table 5 for treatment of AIDS | $ 10,000 |
Irreversible, progressive liver disease | Liver transplantation | 80,000 |
Irreversible, progressive heart disease | Heart transplantation | 76,000 |
Irreversible, progressive pancreas disease | Pancreas transplantation | 56,000 |
Irreversible, progressive lung disease | Pulmonary transplantation | 136,000 |
Irreversible, progressive kidney disease | Kidney transplantation not covered by Medicare | 56,000 |
Medical necessity | Bone marrow and stem cell procedures; CPT codes 38240 or 38241 | 120,000 |
Multiple Sclerosis | ICD9 Code 340 plus use of medicines J1825 or J1830 | 7,500 |
Neonatal distress | ICU care for more than 30 days | 96,000 |
Gaucher's disease | Use of medicines J0205, J1785 or NDC codes 58468178101, 58468106001 or 58468198301 | 75,000 |
Hemophilia with clotting factor VIII or IX | ICD9 code 286.0, 286.1, 286.2, 286.4, 286.7 plus use of medicines J7190, J7191, J7129, J7194, or J7196; or treatment with drugs listed in Table 6 | 50,000 |
Table 4
Medical Condition | Monthly Payment |
---|---|
ALS leading to ventilator dependency for more than 30 days | $13,000 |
Severe trauma leading to ventilator dependency for more than 30 days | 13,000 |
Severe muscular dystrophy leading to ventilator dependency for more than 30 days | 13,000 |
Ventilator dependency with procedure code CPT 94657 of 30 units or more in given calendar year | 13,000 |
Table 5
HIV/AIDS
FDB Label Name | NDC Labeler Code | NDC Product Code | Manufacturer/ Package Size |
---|---|---|---|
COMBIVIR TABLET | 00173 | 0595 | 00 |
COMBIVIR TABLET | 00173 | 0595 | 02 |
CRIXIVAN 200 MG CAPSULE | 00006 | 0571 | 42 |
CRIXIVAN 200 MG CAPSULE | 00006 | 0571 | 43 |
CRIXIVAN 400 MG CAPSULE | 00006 | 0573 | 54 |
CRIXIVAN 400 MG CAPSULE | 00006 | 0573 | 62 |
EPIVIR 10MG/ML ORAL SOLN | 00173 | 0471 | 00 |
EPIVIR 150MG TABLET | 00173 | 0470 | 01 |
FORTOVASE 200MG SOFTGEL | 00004 | 0246 | 48 |
HIVID 0.375MG TABLET | 00004 | 0220 | 01 |
HIVID 0.75MG TABLET | 00004 | 0221 | 01 |
INVIRASE 200MG CAPSULE | 00004 | 0245 | 15 |
INVIRASE 200MG CAPSULE | 54569 | 4242 | 01 |
NORVIR 100MG CAPSULE | 00074 | 8492 | 02 |
NORVIR 100MG CAPSULE | 00074 | 9492 | 54 |
NORVIR 100MG CAPSULE | 54569 | 4335 | 00 |
NORVIR 100MG CAPSULE | 54888 | 3782 | 00 |
NORVIR 80MG/ML SOLUTION | 00074 | 1940 | 63 |
RESCRIPTOR 100MG TABLET | 00009 | 3761 | 03 |
RETROVIR 100MG CAPSULE | 00081 | 0108 | 56 |
RETROVIR 100MG CAPSULE | 00173 | 0108 | 55 |
RETROVIR 100MG CAPSULE | 00173 | 0108 | 56 |
RETROVIR 10MG/ML SYRUP | 00173 | 0113 | 18 |
RETROVIR 300MG TABLET | 00173 | 0501 | 00 |
VIDEX 100MG PACKET | 00087 | 6614 | 43 |
VIDEX 100MG TABLET CHEWABLE | 00087 | 6852 | 01 |
VIDEX 100MG TABLET CHEWABLE | 00087 | 6627 | 43 |
VIDEX 150MG TABLET CHEWABLE | 00087 | 6653 | 01 |
VIDEX 150MG TABLET CHEWABLE | 00087 | 6626 | 43 |
VIDEX 157MG PACKET | 00087 | 6616 | 43 |
VIDEX 250MG PACKET | 00087 | 6616 | 43 |
VIDEX 25MG TABLET CHEWABLE | 00087 | 6628 | 43 |
VIDEX 4GM PEDIATRIC SOLN | 00087 | 6833 | 41 |
VIDEX 50MG TABLET CHEWABLE | 00087 | 6651 | 01 |
VIDEX 50MG TABLET CHEWABLE | 00087 | 6624 | 43 |
VIRACEPT 250MG TABLET | 63010 | 0010 | 27 |
VIRACEPT POWDER | 63010 | 0011 | 90 |
VIRAMUNE 200 MG TABLET | 00054 | 4647 | 21 |
VIRAMUNE 200 MG TABLET | 00054 | 4647 | 25 |
VIRAMUNE 200 MG TABLET | 00054 | 8647 | 25 |
VIRAMUNE 200 MG TABLET | 54868 | 3844 | 00 |
VIRAMUNE SUSP 50MG/5ML | 00054 | 3905 | 58 |
ZERIT 20MG CAPSULE | 00003 | 1965 | 01 |
ZERIT 30MG CAPSULE | 00003 | 1968 | 01 |
ZERIT 30MG CAPSULE | 54569 | 4053 | 00 |
ZERIT 40MG CAPSULE | 00003 | 1967 | 01 |
SUSTIVA 50MG CAPSULE | 00056 | 0470 | 30 |
SUSTIVA 100MG CAPSULE | 00056 | 0473 | 30 |
SUSTIVA 200MG CAPSULE | 00056 | 0474 | 92 |
Table 6
Factor VIII and IX NDC Codes
NDC | Drug name | Manufacturer |
---|---|---|
52769-0460-01 | AntIhemop HU INJ 306-1170 | AM RED CRO |
13143-0321-63 | Factor VIII inj 500-1200 | MEL BIOLOG |
00026-0664-30 | KOATE-HP 500IU | BAYER BIOL |
00053-7605-02 | HUMATE-P 500IU | CENTEON |
13143-0321-55 | MELATE 500IU | MEL BIOLOG |
52789-0480-01 | ANTIHEMOP HU ING 308-1170 | AM RED CRO |
00026-0664-50 | KOATE-HP INJ 1000IU | BAYER BIOL |
00053-7605-04 | HUMATE-P HU ING 1000IU | CENTEON |
00053-7656-04 | MONOCLA-P HU INJ 1000IU | CENTEON |
13143-0321-56 | MELATE 1000IU | MEL BIOLOG |
00026-0664-80 | KOATE HP 1500IU | BAYER BIOL |
00053-7656-01 | MONOCLA-P HU 250AHFU | CENTEON |
00063-7658-01 | MONOCLATE 600AHFU | ARMOUR |
55688-0106-02 | HYATE:C INJ 400-700U | SPEYWOOD |
00026-0670-20 | KOGENATE 250 AHFU | BAYER PHAR |
00053-8110-01 | BIOCLATE 250IU | CENTEON |
00053-8120-01 | HELIXATE 260IU | CENTEON |
00944-2938-01 | RECOMBINATE 220-400 | BAXHYLAND |
00026-0670-30 | KOGENATE 500AHFU | BAYER BIOL |
00053-8110-02 | BIOCLATE 500IU | CENTEON |
00053-8120-02 | HELIXATE 500IU | CENTEON |
00944-2938-02 | RECOMBINATE 401-800 | BAXHYLAND |
00026-0670-30 | KOGENATE 500AHFU | BAYER BIOL |
00053-8110-02 | BIOCLATE 600IU | CENTEON |
00053-8120-02 | HELIXATE 500IU | CENTEON |
00944-2938-02 | RECOMBINATE 401-800 | BAXHYLAND |
00028-0670-50 | KOGENATE 1000AHFU | BAYER BIOL |
00053-8110-04 | BIOCLATE 1000IU | CENTEON |
00944-2938-03 | RECOMBINATE 801-1240 | BAXHYLAND |
49889-3800-02 | ALPHANINE SD 250-1600 | ALPHA THER |
00053-7668-01 | MONONINE 250IU | CENTEON |
00053-7668-02 | MONONINE 500IU | CENTEON |
00053-7668-04 | MONONINE 1000IU | CENTEON |
58394-0003-01 | BENEFIX 250IU | GENETICSIN |
58394-0002-01 | BENEFIX 500IU | GENETICSIN |
58394-0001-01 | BENEFIX 1000IU | GENETICSIN |
00026-0626-20 | KONYNE 80 500IU | BAYER BIOL |
00944-0581-01 | PROPLEX T FACT IX | BAXHYLAND |
49669-3200-02 | PROFILNILE 500IU | ALPHA THER |
00026-0626-50 | KONYNE 80 1000IU | BAYER BIOL |
49689-3200-03 | PROFILNILE 1000IU | ALPHA THER |
54129-0244-02 | BEBULIN VH 200-1200 | IMMUNO |
(f) The pooling of the cost of treating specified medical conditions for claims incurred in 1998 shall occur as follows:
(1) Separately for each carrier, add the dollar amounts shown in Table 3, subdivision (e) of this section for each individual specified medical condition claim incurred during 1998 and listed in Table 3 and six times the dollar amounts shown in Table 4, subdivision (e) of this section for each individual specified medical condition claim incurred during 1998 and listed in Table 4. No individual can be counted more than once. If an individual has multiple conditions, assign to such individual the condition with the largest dollar amount. This total shall be the carrier's own total maximum specified medical condition claims.
(2) Separately for each carrier, the total maximum specified medical condition claims from paragraph (1) of this subdivision shall be divided by that carrier's 1998 contributions to the specified medical condition pool (as required by subdivision [b] of this section) to obtain that carrier's specified medical condition index.
(3) The regional specified medical condition index for all carriers in a specific region shall be subparagraph (i) divided by subparagraph (ii) of this paragraph:
(i) The sum for all carriers in the region of the total maximum specified medical condition claims as determined in paragraph (1) of this subdivision.
(ii) The sum for all carriers in the region of the 1998 contributions to the specified medical condition pool in that region.
(4) The carriers participating in the regional specified medical condition pool shall only be entitled to collect from the pool if the carrier's own specified medical condition index, determined by paragraph (2) of this subdivision, is greater than the regional specified medical condition index, determined by paragraph (3) of this subdivision, for that pool as of the end of 1998. Individual specified medical condition claims will no longer be reimbursed by the pool in 1998.
(5) A carrier entitled to collect from the 1998 specified medical condition pooling fund as determined by paragraph (4) of this subdivision may collect the product of subparagraphs (i) and (ii) of this paragraph:
(i) That carrier's percentage of the specified medical condition funds, determined by dividing clause (a) by clause (b) of this subparagraph:
(a) the amount by which the carrier's specified medical condition index is greater than the regional specified medical condition index weighted by the carrier's own 1998 specified medical condition contributions to the regional pool (determined by subtracting the regional specified medical condition index from the specified medical condition index for that carrier and then multiplying the result of the subtraction by the carrier's own 1998 specified medical condition contributions to the regional pool);
(b) the sum of the amounts determined in clause (a) of this subparagraph for all carriers in the regional pool who are entitled to collect from the 1998 specified medical condition pooling fund.
(ii) The sum of the 1998 specified medical condition funds available for distribution in that region plus the amount of funds for 1998 representing the 55 percent reduction in demographic payments in that region to pools that deal with individual health insurance policies and small group health insurance policies, other than Medicare supplement insurance policies.
(6) A carrier shall only be entitled to collect from the 1998 specified medical condition pooling fund an amount calculated pursuant to the method established in paragraphs (4) and (5) of this subdivision upon certification to the superintendent by the carrier by no later than July 31, 2000, that with respect to the claims reported to the administrator and used in paragraph (1) of this subdivision that:
(i) regarding the medical conditions listed in Table 3, subdivision (e) of this section:
(a) an individual has been diagnosed as having one of the medical conditions or criteria listed in Table 3, subdivision (e) of this section, and the course of medical care identified in Table 3 has been recommended and completed;
(b) the identified individual is covered by the carrier under a pooled insurance contract or policy, other than a Medicare supplement insurance policy, for the identified medical care; and
(c) no other carrier or other third-party payor has primary responsibility for the cost of that medical care;
(ii) regarding the medical conditions listed in Table 4, subdivision (e) of this section:
(a) an individual has been diagnosed as having one of the medical conditions listed in Table 4, subdivision (e) of this section;
(b) the identified individual is covered by the carrier under a pooled insurance contract or policy, other than a Medicare supplement insurance policy, with respect to medical care for the identified medical condition as of the end of each month for which reimbursement is sought; and
(c) no other carrier or other third-party payor has primary responsibility for the cost of that medical care.
(g) A carrier must report the number of claims that have been incurred for 1998 separately for each category listed in Table 3, subdivision (e) of this section and Table 4, subdivision (e) of this section in a manner prescribed by the superintendent.
11 CRR-NY 361.4
Current through May 31, 2021
End of Document |