(1) Payment of medical claims shall be made in accordance with the schedule of nonhospital medical fees and the hospital rates adopted by the department.

(2) The insurer shall make timely payments of all medical claims for which liability is accepted.

(3) Payment of private room charges shall be made only if ordered by the treating physician.

(4) Special nurses shall be paid only if ordered by the treating physician.

(5) For claims arising before July 1, 1993, no fee or charge is payable by the injured worker for treatment of injuries sustained if liability is accepted by the insurer.

(6) For claims arising on or after July 1, 1993, no fee or charge is payable by the injured worker for treatment of injuries sustained if liability is accepted by the insurer, other than:

(a) the co-payment provided by 39-71-704 , MCA. The decision whether to require a co-payment rests with the insurer, not the medical provider. If the insurer does not require a co-payment by the worker, the provider may not charge or bill the worker any fee. The insurer must give enough advance notice to known medical providers that it will require co-payments from a worker so that the provider can make arrangements with the worker to collect the co-payment;

(b) the charges for a nonpreferred provider, after notice is given as provided in 39-71-1102 , MCA;

(c) the charges for medical services obtained from other than a managed care organization, once an organization is designated by the insurer as provided in 39-71-1101 , MCA; or

(d) the charges for medical services denied by the insurer on the basis that the services meet both of the following criteria:

(i) the medical services do not return the injured worker to employment; and

(ii) the medical services do not sustain medical stability.

(7) For injured workers who are receiving benefits from the Uninsured Employers' Fund pursuant to 39-71-503 , MCA, the provisions of this rule are subject to 39-71-510 , MCA.