From News Nation:
“Ban on ‘surprise’ medical
bills on track for Jan. 1 rollout”
The Biden administration on
Thursday put final touches on consumer protections against so-called “surprise”
medical bills. The ban on charges that hit insured patients at some of life’s
most vulnerable moments is on track to take effect Jan. 1, officials said. Patients
will no longer have to worry about getting a huge bill following a medical
crisis if the closest hospital emergency room happened to have been outside
their insurance plan’s provider network. They’ll also be protected from
unexpected charges if an out-of-network clinician takes part in a surgery or
procedure conducted at an in-network hospital. In such situations, patients
will be liable only for their in-network cost sharing amount.
The rules released Thursday
spelled out for the first time a key part of the new system: a
behind-the-scenes dispute resolution process that hospitals, doctors and
insurers will use to haggle over fees, without dragging patients into it. When
an insurer and a service provider disagree over fair payment, either side can
initiate a 30-day negotiation process. If they still can’t come to an
agreement, they can take the matter to an independent arbitrator. The
arbitrator will use as a guide a set amount intended to balance the value of
the medical services provided with goal of keeping costs from ballooning out of
control. Clear justification will be required for the final payment to end up
higher or lower. There will also be a new way for uninsured people and patients
who pay their own way to get an estimate of charges for medical procedures, as
well as a process for them to resolve billing disputes. “We’re hoping to give
folks a sigh of relief, who have been blindsided by billing,” said Health and
Human Services Secretary Xavier Becerra.
Surprise medical bills have been
a common problem for people with health insurance, all the more irritating
because most patients might have thought they were protected. Charges running
from hundreds to tens of thousands of dollars came from doctors and hospitals
outside the network of patients’ health insurance plans. It’s estimated that
about 1 in 5 emergency visits and 1 in 6 inpatient admissions triggered a
surprise bill. Although many states already have curbs on surprise billing,
federal action was needed to protect patients covered by large employer plans,
which are regulated at the national level. A 2020 law signed by then-President
Donald Trump laid out a bipartisan strategy for resolving the issue, and the
Biden administration filled in critical details. The idea was to take patients
and their families out of the financial equation by limiting what they can be
billed for out-of-network services to a fee that’s based on in-network charges.
That amount gets counted toward their in-network annual deductible.
The law’s new protections are
aimed at:
— Protecting patients from
surprise bills arising from emergency medical care. Protections apply if the
patient is seen at an out-of-network facility, or if they are treated by an
out-of-network clinician at an in-network hospital. In either case, the patient
can only be billed based on their plan’s in-network rate.
— Protecting patients admitted to
an in-network hospital for a planned procedure when an out-of-network clinician
gets involved and submits a bill.
— Requiring out-of-network
service providers to give patients 72-hour notice of their estimated charges.
Patients would have to agree to receive out-of-network care for the hospital or
doctor to then bill them.
— Barring air ambulance services
from sending patients surprise bills for more than the in-network cost sharing
amount.
Before the ban on surprise
billing, patients usually had to take the initiative themselves to work out
unexpected charges. In many cases the hospital or doctor would go back and
forth with the insurance company until they reached an agreement. But there was
no guarantee that would happen, and patients were at risk of being placed into
collection proceedings in situations they had no control over. Some health care
industry groups have urged the Biden administration to take more time to set up
the new arbitration system. Officials said Thursday they remain committed to
the Jan. 1 effective date and said 50 organizations have expressed interest in
taking on the role of arbitrators.
^ If this actually gets enforced
it will be a very great piece of legislation. ^
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