Federal legislation can protect from unfair surprise medical billing

Published 8:45 am Wednesday, June 19, 2019

BY LEIF MURPHY
“Surprise medical billing” imposes severe hardship on many of the 140 million Americans who receive care in an emergency department each year. This phenomenon has many causes, ranging from insurers’ failure to create adequate provider networks to the fact that high deductible benefit plans expose patients to high out-of-pocket costs.
Many physician organizations, including my own, have petitioned state legislatures and the U.S. Congress to address surprise medical billing. Several states have recently passed surprise medical billing legislation, and others, including Tennessee, are in process of doing the same. However, because of the nature of federally-regulated, employer-funded insurance coverage, states cannot effectively regulate this practice, and a federal solution is needed.
Any effective federal legislation to address surprise medical billing should naturally protect patients. It must also include insurer accountability, transparency and reasonable limits on patient out-of-pocket costs. Good news is on the horizon. A bi-partisan solution that meets these needs has recently been presented by our own U.S. Representative Phil Roe (R-TN). Congressman Roe, along with U.S. Representatives Raul Ruiz, M.D. (D-CA), Van Taylor (R-TX), Joseph Morelle (D-NY), Larry Bucshon, M.D. (R-IN), Ami Bera, M.D. (D-CA), Brad Wenstrup, D.P.M. (R-OH) and Donna Shalala (D-FL): “Protecting People from Surprise Medical Bills Act.”
The key to this bill is a process called Independent Dispute Resolution (IDR). IDR protects patients by taking them out of the middle of reimbursement disputes while incentivizing insurers and providers, through an independent third party, to reach a fair, cost-effective and timely resolution of their dispute. Ultimately, the bill encourages arms-length negotiations between the two parties, which in turn promotes sufficient in-network reimbursement. Sufficient reimbursement means that emergency departments across the country can continue to provide critically needed care.
We urge Senator Lamar Alexander to support this framework, which addresses surprise medical billing comprehensively, in a way that will not adversely affect Tennessee’s hospitals and emergency medical physicians. While Senator Alexander’s recently released draft bill would protect patients, it would also result in draconian cuts in reimbursement and create emergency physician staffing shortages, particularly in rural and disadvantaged communities.
Congress has a real opportunity to protect Americans by implementing an IDR process at the national level. I encourage Senator Alexander to join with Republicans and Democrats in both the Senate and House in support of the “Protecting People from Surprise Medical Bills Act.”
(Leif Murphy is the Chief Executive Officer of TeamHealth. TeamHealth is one of the leading physician practices in the U.S. based in Knoxville.)

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