OAR 436-009-0035
Interim Medical Benefits




Interim medical benefits under ORS 656.247 (Payment for medical services prior to claim acceptance or denial) only apply to initial claims when the patient has a health benefit plan, i.e., the patient’s private health insurance. For the purpose of this rule the Oregon Health Plan is not a health benefit plan.


Interim medical benefits are not due on claims:


When the patient is enrolled in an MCO prior to claim acceptance or denial under ORS 656.245 (Medical services to be provided)(4)(b)(B); or


When the insurer denies the claim within 14 days of the employer’s notice of the claim.


Interim medical benefits cover services provided from the date of employer’s notice or knowledge of the claim to the date the insurer accepts or denies the claim. Interim medical benefits do not include treatments excluded under OAR 436-009-0010 (Medical Billing and Payment)(12).


When billing for interim medical benefits, the medical provider must bill the workers’ compensation insurer according to these rules, and the health benefit plan according to the plan’s requirements. The provider may submit a pre-authorization request to the health benefit plan prior to claim acceptance or denial.


If the medical provider knows that the patient filed a work-related claim, the medical provider may not collect any health benefit plan co-pay, co-insurance, or deductible from the patient during the interim period.


Claim Acceptance. If the insurer accepts the claim:


The insurer must pay medical providers for services according to these rules; and


The provider, after receiving payment from the insurer, must reimburse the worker and the health benefit plan for any medical expenses, co-pays, co-insurance, or deductibles, paid by the worker or the health benefit plan.


Claim Denial. If the insurer denies the claim:


The insurer must notify the medical provider as provided in OAR 436-060-0140 (Acceptance or Denial of a Claim) that an initial claim has been denied; and


The medical provider must bill the health benefit plan, unless the medical provider has previously billed the health benefit plan. The provider must forward a copy of the workers’ compensation denial letter to the health benefit plan.

Source: Rule 436-009-0035 — Interim Medical Benefits, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-009-0035.

Last Updated

Jun. 8, 2021

Rule 436-009-0035’s source at or​.us