Griesenbeck of Euro Specialty, Inc., in Roanoke, Va., recently had trouble getting reimbursed properly for feather, prime and block from State Farm and says he's fed up.

"Federal law has mandated what it is, end of story," Griesenbeck said. "No insurer has the right to go against federal law."

Griesenbeck is referring to the EPA's new 6H Rule, which he believes has settled the debate on whether feather, prime and block is a body procedure or a paint procedure.

Body or Paint?

Most insurance companies claim that feather, prime and block is a function of body labor and should be paid as a body procedure, or is already "included" in the repair time, thereby not requiring payment for paint materials. But most shops claim that feather, prime and block is a function of the paint department because it requires the use of a surface coating, namely primer, and the use of an HVLP spray gun. Therefore, they believe it should be billed as a paint procedure, which would include payment for paint materials.

According to attorney Andrew Rodenhouse, while the 6H Rule doesn't address how much time feather, prime and block requires or whether it should even be paid at all, it does say that if feather, prime and block is going to be performed, it must be performed under the guidelines of the rule, regardless of whether the repairer charges for it. This means that any application of a primer that's sprayed through an HVLP spray gun or its equivalent with the capacity of greater than 3 ounces must be performed in either a spraybooth or an approved prep area by a certified painter.

"So if the shop charges for feather, prime and block, it must be charged as a paint procedure and not as a body procedure," said Rodenhouse. "This is because any final bill showing that feather, prime and block was charged as a body procedure or 'included' in the body procedure may be used as evidence against the shop by the government that it violated the 6H Rule. If a shop owner, manager, painter or body technician violates this rule, it will leave him or her open to civil liability, criminal liability or even jail time."

At the Collision Industry Conference held March 17 in New Jersey, an EPA representative said that those penalties could be up to $37,500 per day per violation.

State Farm's Position

In a statement released to BodyShop Business by State Farm, the insurer explained its take on the 6H Rule and said it lets the market determine what it will or won't pay for.

"It is our understanding that the new federal (EPA) regulation addresses specifically where/how the operation should be performed within the repair facility and does not specifically address how this activity should be estimated or billed. State Farm relies on repair facilities to provide the vehicle owner with a final repair bill documenting the repair process and cost of repair.

"Labor and material costs associated with the feather, prime and block operation on repair panels is included in repair estimates prepared by State Farm. In areas where the majority of repair facilities request the feather, prime and block allowance be documented in another manner, State Farm follows the market area.

"State Farm continues to monitor industry activity at the market level and responds accordingly. As a result, feather, prime and block is documented on our repair estimates in a variety of ways. State Farm would be receptive to a single method to avoid confusion and better serve our shared customer." 

Griesenbeck thinks following what the market does is meaningless if what the majority of the market is doing is, in his opinion, illegal.

"If repairers are stupid and don't follow the law, why should I be penalized? The shame of it is that if every shop jumps off the Brooklyn Bridge, I guess I have to do it, too," he said. "All the body shops have had to make changes because of the 6H Rule, but the insurers can't even abide by a single thing because they'll have to pay for paint and materials."

It's Included

Tammy Horvat, office manager at Nagy's Collision Specialists in Wadsworth, Ohio, says she is typically told by insurers that feather, prime and block is an included operation.

"I've contacted insurance companies when I feel we should get paid for it, but I would say that unfortunately, it's a case-by-case basis," said Horvat. "But I always write it up under refinish time, and when I do get the time, it has always been under refinish labor."

"It's one of those operations that not enough repair facilities are putting on their estimates on a regular basis, so insurance companies will say, 'The market isn't putting it on their estimates, so we can't/won't pay for it,'" Horvat added. "It's no different than when we first started writing tint color. Until shops got on board and started writing it regularly, they wouldn't pay for it."

Tom O'Mara of O'Mara Auto Body in Martensdale, Iowa, hasn't been charging for it at all, and he said he doesn't know anyone else in his area who has either.

Wade Ebert of American Auto Body in Springfield, Ill., says he gets much resistance from insurers to pay for feather, prime and block, so he asks the vehicle owner to instead. He also writes it as a refinish operation.

Southern California sounds the same way. "What they tell shops in our area is that no one else is charging us for this, or you may charge us but we will lower your body repair time if you ask for it," says Lee Amaradio, owner of Faith Quality Auto Body in Murrieta, Calif.

However, Amaradio questioned whether listing feather, prime and block on an estimate as a body procedure and not billing for paint materials necessarily gives the EPA evidence that a shop didn't follow the 6H Rule.

"I think that's a stretch," said Amaradio. "I don't see any problems with the EPA because it's easy to prove feather, prime and block was done by the paint department since everything we prime and mix is listed on our VOC sheets by our mixing bank computer."

Attorney Rodenhouse disagrees, calling an estimate that does not bill feather, prime and block as a paint procedure "relevant evidence."

"The EPA would still bring that evidence," said Rodenhouse. "I wouldn't give the EPA a piece of evidence to use against you. If the shop says, 'I do that procedure in a paint booth, but I just bill it differently,' it shifts the burden to the shop to show evidence that the procedure indeed was done within the parameters of the 6H Rule."

The EPA has responded by saying it "does not have a role in how shops describe their operations to automotive insurers for reimbursement." It did not respond as to whether or not it could use an estimate that lists feather, prime and block as a body procedure as evidence that a shop violated the 6H Rule.

Feather, Prime and Block Defined

The Collision Industry Conference (CIC) Estimating Committee published a definition of feather, prime and block back in 2006, stating that "feather, prime and block are non-included refinish operations that complete the process from 150 grit to the condition of a new, undamaged panel... The body/paint labor and materials necessary to prepare the repaired area from 150 grit to the condition of a new undamaged part is a valid and required step in the process. The labor and material allowances for these operations requires an on-the-spot evaluation of the specific vehicle and damage."

Still, it seems as though repairers have undone the work by this committee by not asking for feather, prime and block and billing for it appropriately.

"I thought we had this figured out years ago," said Rodenhouse, a former body shop and towing business owner. "I can't believe we're still arguing about this."

Featheredge, Prime and Block is Not a Body Procedure