Congress is finally poised to protect patients from surprise medical bills.
It took a pandemic to overcome a political fight over how much insurers should pay out-of-network doctors and hospitals.
Insurers, employers, and consumers have argued payments to out-of-network providers should be based on a benchmark like in-network negotiated rates.
Providers favored an arbitration process for determining payment.
The bill Congress is poised to pass calls for arbitration.
There are guardrails on the surprise bill arbitration process.
Arbitrators must consider the prevailing in-network negotiated payment rates.
Arbitrators must not consider Medicare and Medicaid rates (which are lower) or provider charges (which are higher).
The pandemic tilted the political leverage towards doctors and hospitals and away from insurers in establishing an arbitration process rather than a benchmark payment.
Importantly, patients will be protected from surprise medical bills no matter what.
You know who won't be protected from surprise medical bills in the legislation Congress is about to pass? People in short-term insurance plans that have been expanded by the Trump administration.
18% of ER visits and 16% of in-network inpatient hospital admissions include an out-of-network charge and potential surprise bill for patients.
Many states have passed laws protecting patients from surprise medical bills. But, states cannot regulate self-insured employer plans, which 62% of people with employer-provided insurance. The new federal legislation about to pass will extend protections to them.
These are the kinds of surprise bills that will be prohibited:
You go to an ER and the hospital or doctors bill you over and above what your insurance pays.
You go to an in-network hospital and an out-of-network doctor treating you bills you extra.
The new federal legislation will end surprise medical bills, but won't end every nasty surprise patients can get when using the health care system.
There are still deductibles, complicated drug formularies, claim denials, and all sorts of other complications patients encounter.
Patients are the big winner here, gaining protection from surprise medical bills. They've effectively been held hostage as well-funded health care industry groups battled over how much out-of-network providers would get paid.
The surprise medical billing ban doesn't take effect until January 1, 2022, so patients should still be wary until then.
There's some confusion around how arbitration of surprise bills would work.
Patients do not have to go through arbitration. They are shielded from surprise bills. Period.
Arbitration is between insurers and providers to determine how much gets paid.
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We've been debating surprise bills for so long, it's easy to lose track of how bonkers these bills are.
For example: You get taken to the nearest ER (because, it's an emergency). Your insurer covers it. But, the hospital or ER doctors send you extra bills, because...they can.
Another example of a surprise medical bill:
You do your research and pick an in-network hospital for your planned procedure. But, an out-of-network anesthesiologist shows up in the operating room and sends you a surprise extra bill over and above what your insurer pays.
A lot of President-Elect Biden's sweeping health care plans will be stymied if Republicans maintain control of the Senate, but he can and probably will reverse much of what President Trump has done in health care administratively.
Some Trump actions Biden can reverse:
Short-term plans not covering pre-existing conditions
ACA outreach cuts
Work requirements and funding caps in Medicaid
Gender identity discrimination
Family planning funding restrictions
Immigration limits for those using health benefits
Possibly the most important thing President-Elect Biden can do in health care at this moment in history is approach the pandemic with facts, science, and empathy. None of those things require an act of Congress.
President Trump and many other candidates opposing the ACA say they support protecting people with pre-existing conditions. Now seems like a good time to ask how they would do that if the ACA gets struck down, which is all of a sudden more likely.
Overturning the ACA is not only about pre-existing condition protections. It's also about the Medicaid expansion, closing the Medicare drug coverage donut hole, preventive services, Medicare payments to hospitals, taxes, and much more.
The number of Americans uninsured increased by 2.3 million from 2016 to 2019, after dropping by 20 million in the years following passage of the Affordable Care Act in 2010.
There was a big increase in the share of Hispanics uninsured in 2019 -- 18.7%, up from 17.9% in 2018. Hispanics are the group most likely to be uninsured, and are being hit particularly hard by COVID-19 right now.
President Trump has issued an executive order calling for regulations to cap drug prices paid in Medicare to those in other countries.
Joe Biden has proposed having the government negotiate drug prices paid by everyone.
Biden's drug pricing plan goes much further than Trump's, but both are proposing a significantly bigger role for the federal government in limiting drug prices.
President Trump's executive order on drug pricing does not by itself do anything. It has to be followed up by regulations, which will take time.
Trump has a history of bold talk on drug prices, only to pull back when it comes to putting actual regulations in place.