Per MCL 550.910(3), if the entity or individual fits this definition of a TPA,
the entity or person must be certified as a TPA in the State of Michigan if one
of the following is true:
- The TPA is domiciled in this state.
- The TPA has its principal administrative office or principal headquarters
located in this state.
- The TPA solicits a plan or sponsor of a plan or provides administrative
services to a plan or sponsor of a plan, which plan or sponsor is either
domiciled in this state or has its principal headquarters or principal administrative
office in this state. This subdivision shall not apply to a TPA who has
been licensed or certified as a TPA in that TPA’s state of domicile
pursuant to a statute or regulation similar to this act.
- The TPA provides substantial administrative services to a carrier for
the carrier’s business in this state.
NOTE: Generally, substantial administrative services would mean premiums of
$25,000 per year collected from Michigan residents insured under plans administered
by the TPA.
The following require certification as a TPA:
- An entity that processes claims or subcontracts the processing of claims
under a written service contract with an employer, client, insurance company,
etc. Medical claims include surgical, dental, vision, pharmaceutical, disability,
long-term care, cafeteria plans with a health component, non-self-funded worker’s
compensation medical plans, and credit disability.
- An insurance producer/agent who processes claims for health care benefits
under a service contract with a carrier, as defined above.
- Subsidiaries of a TPA that are processing health claims need to be dually
certified as TPAs. Divisions of the TPA that are processing claims do not
need to be separately certified as TPAs.
The following DO NOT require certification as a TPA:
- An admitted licensed insurance company
- Utilization review corporations and individuals only doing utilization review
A Michigan licensed Health Maintenance Organization (HMO) cannot be a TPA.
Additionally, an Alternative Health Care Financing and Delivery System (AFDS)
cannot be a TPA. A nonresident entity does not need to register as a foreign
corporation in Michigan in order to apply for a TPA Certificate of Authority.
Adjusting
It is not necessary to employ an adjuster to be certified as a TPA if the TPA
is processing only medical claims. However, if the TPA has a contract to process/adjust
Property and Casualty claims (in addition to medical claims) and there is an
individual who is adjusting Property and Casualty, that individual must be licensed
as an insurance adjuster. Likewise, an individual who is adjusting Worker’s
Compensation losses must be licensed. Any insurance company staff adjusters
do not need to be licensed.