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Congress OKs end-of-year twist by banning most ‘surprise’ medical bills |
Congress delivered a long-desired 2020 holiday gift for patients, providing them relief from “surprise medical bills.” Individuals and families were subjected to these charges, too often whopping in size, from all kinds of medical providers that their health insurers had not approved for payment under their health policies. But lawmakers, no matter how politically riven, proved with their billing ban that they still can assist constituents with a nasty practice that had turned too many ordinary folks into financial hostages, stuck between the avarice of insurers and providers. Multiple legislative committees and influential lawmakers compromised, so Congress could mostly resolve this consumer nightmare as part of a 5,600-page bill passed in December that both provided hundreds of billions of dollars in desperately needed coronavirus relief and funded the government. The legislative action exempted one costly area considered still too complex and fraught for Congress to deal with — pricey emergency transport by ambulances. These services, for which consumers can get staggering bills, are run by so many different providers, including local governments, and operate under such a patchwork of regulations that lawmakers decided against dealing with this extreme expense. Still, as health policy Larry Leavitt of the nonpartisan Kaiser Family Foundation observed on social media of the overall congressional action: “Patients are the big winner here, gaining [needed] protection … 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 online news site Vox recapped what is at stake: “Multiple studies have found that about one in five emergency room visits result in a patient being charged for out-of-network care. According to the Kaiser Family Foundation, even 16% of admissions to an in-network hospital still lead to out-of-network charges because one of the doctors seen by the patient wasn’t part of their insurance plan network. As Sarah Kliff documented extensively for Vox, those surprise bills can have balances in the tens of thousands of dollars — even if, for example, somebody got hit by a city bus and was taken to a hospital while unconscious.” Vox reported that lawmakers, who held hearings and tried to strike deals to resolve this patient headache, long have gotten stuck, for example, in determining “what an insurance plan would pay to an out-of-network hospital or doctor or ambulance service.” The news site said: “One side of the debate (roughly represented by the first three committees to reach a deal and the health insurance lobby) wanted to default to something close to the average in-network price that is paid for the billed services in the area. The other side (represented by [some House leaders] and the hospitals) wanted to use a third-party arbitration process to come up with a fair payment.” Vox quoted the Brookings Institution’s Loren Adler, who reported on Twitter, a summary of the compromise lawmakers reached: “Surprise billing would be barred for out-of-network emergency care, for most out-of-network care at in-network facilities, and for air ambulances. The patients would be asked to pay only their in-network obligations for the care they received, and that is the end of it for them. The question then becomes what the insurer will pay the provider. There would initially be a 30-day period during which the insurance plan and the health care providers could try to negotiate a payment for the out-of-network claims. If they don’t reach an agreement, then arbitration would be the next step. The independent arbiters would primarily consider the average in-network charge for the services in question, as well as other information provider by the insurer and provider. Both sides would make an offer, and the arbiter would pick one based on the guidance stipulated in the bill. “Nobody would call it a perfect plan — ground ambulances are notably excluded from the prohibition on surprise billing — but most health policy experts seem to see it as a marked improvement over the status quo. ‘All in all, this takes consumers out of the middle of surprise billing disputes, almost certainly at least won’t increase costs, and I’d argue should allow the market to improve over time,’ Adler wrote. ‘That’s a win in my book, even if it’s not my ideal solution.’” The sudden specter and rapid rise of surprise medical billing, from a patient perspective, has been an abomination that could only occur in the exploitative U.S. health system. Insurers, working with employers, were eager to corral costs in job-provided policies. And so, they herded patients into “narrow networks” of providers, with whom insurers cut favorable deals for themselves on costs. This started to rile patients, who found that they were cut off from familiar doctors and hospitals they had long gone to. They also saw that institutions and specialists with big names and reputations too often were accessible only in the priciest insurer networks. The providers then quickly countered, with many declining to deal with insurers and employers. Instead, they sought to protect their cut, hitting patients with “out of network” charges for services — especially when patients were in poor position to dicker. Emergency room clinicians, anesthesiologists, pathologists, surgeons, and, yes, ambulances (on streets and airborne) infuriated patients with big surprise bills. The outcry reached to Washington, where armies of lobbyists representing the many special interests in medicine — doctors, hospitals, and insurers, to name a few — barraged lawmakers. The politicians took great heat from the public, especially because news organizations, notably Vox, the New York Times, and the nonpartisan Kaiser Health News (KHN) service, have published regular, outrage-provoking articles about patients getting gouged by providers with bills, which, too often arrived late and with extreme costs. Elisabeth Rosenthal, an editor, journalist, and onetime practicing doctor, is KHN’s editor and wrote an Op-Ed for the New York Times, her one-time employer, that succinctly described medicine’s billing mess. It’s worth repeating her core contention: “Much of what we accept as legal in medical billing would be regarded as fraud in any other sector. I have been circling around this conclusion for this past five years, as I’ve listened to patients’ stories while covering health care as a journalist and author. Now, after a summer of firsthand experience — my husband was in a bike crash in July — it’s time to call out this fact head-on …” Medical billing, especially with its surprises but also with its Byzantine, bumpf-creating back-and-forth, is an unacceptable grind on the people who should count most in our health care system — sick and injured patients and their anxious loved ones. When dealing with significant illness or injury — and we’re all a blink away from such instances — the last thing that consumers and their families need to deal with is a mountain of bankrupting bills that are so mysterious they would baffle an Ivy League MBA. This bureaucracy also costs Americans billions of dollars in wasted health care costs. |
Hospitals, slapping on liens, profiteer on wreck victims |
Motorists with health insurance still need to watch out for how some hospitals treat them for injuries from vehicle wrecks. That’s because some hospitals, in the name of protecting themselves financially, may spurn crash patients’ insurance coverage and seek to collect much higher charges directly from the patients by filing court liens against them. The New York Times reported that its investigations showed that patients, especially the poor and vulnerable, too often have gotten ripped off on treatments that their health insurance could have covered when they were involved in car crashes. Instead, hospitals and hospital chains seek to maximize profits by filing liens, making legal claims against wreck victims and their finances. Liens are a legal “claim on an asset, such as a home or a settlement payment, to make sure someone repays a debt,” the New York Times reported. Why do this and not just take health insurance payments? More money. As the newspaper reported, by filing liens — which give the institutions early and priority claim on individuals’ assets — hospitals also can charge their highest rate for their care, typically rack prices that most patients never see because their insurers, including Medicaid and Medicare, have negotiated better charges and would never pay the prime cost. Christopher Whaley, a health economist at the RAND Corporation who studies hospital pricing, told the New York Times he cannot fathom how institutions and chains could exploit the poor and injured in such fashion: “It’s astounding to think Medicaid patients would be charged the full-billed price. It’s absolutely unbelievable.” The newspaper, however, cited cases from coast to coast where patients, with health coverage of some kind, found themselves hounded by hospitals for payments for care they received after vehicle crashes — even if they repeatedly inform the institutions or chains to bill insurers first. The stress of the dunning exploitation is awful to patients recovering from injuries, and it can be catastrophic to their finances and credit records, as an elderly Virginian found, according to the New York Times: “Mary Edmison, an 86-year-old widow, said she tried everything to get Mary Washington, a hospital in Fredericksburg, Va., to bill her insurance — Medicare and private coverage — for the treatment she received in a 2016 crash. She called; she went to the hospital’s billing department; she sent a handwritten letter. ‘Again and again, I’ve asked Mary Washington to send their bills through the proper channels,’ she wrote in a 2017 letter. ‘I don’t know what their problem is.’ “In August 2017, the hospital sued her for more than $6,000. Ms. Edmison, who has since settled the issue with the help of a lawyer, was shocked. ‘I’m on a fixed income and those kind of charges would have sunk me,’ she said. Eric Fletcher, a spokesman for Mary Washington, declined to comment on Ms. Edmison’s case but said the hospital complies with state and federal lien laws. ‘We never want a patient to endure hardship related to medical bills,’ he said.” But the newspaper reported that a Washington state hospital, as part of a 2014 lawsuit, disclosed that it ginned up $10 million in revenue via liens filed against poor and injured patients who might have been protected by Medicaid. Hospitals and chains have made the legal argument, with varying success in courts, that they can and should squeeze poor patients for treatment costs before hitting up the government, which insists it routinely would cover payments for victims of auto crashes if billed. The New York Times explained the lien system: “[M]any states passed [lien laws] in the early 20th century, when fewer than 10% of Americans had health coverage. The laws were meant to protect hospitals from the burden of caring for uninsured patients, and to give them an incentive to treat those who could not pay upfront. A century later, hospital liens are most commonly used to pursue debts from car accident victims. The practice can be so lucrative, documents and interviews show, that some hospitals use outside debt collection companies to scour police records for recent accidents to make sure they identify which of their patients might have been in a wreck, so that they can pursue them with liens. Some laws limit what share of a patient settlement a hospital can lay claim to, and others allow only nonprofit hospitals to collect debts this way. Certain states require hospitals to bill accident victims’ health plans rather than using a lien. This approach is seen as more consumer-friendly because patients benefit from the discounts that health plans have negotiated on their behalf.” The newspaper added this: “When states have permissive hospital lien laws, some hospitals take advantage in ways that hurt patients. These hospitals tend to be wealthier, The New York Times found, and many of those that received hundreds of millions of dollars in federal bailout funding during the pandemic are among the most aggressive in pursuing payment through hospital liens. Community Health Systems, which owns 86 hospitals across the country, received about a quarter-billion in federal funds during the pandemic, according to data compiled by Good Jobs First, which researches government subsidies of companies. One of its hospitals in Tennessee refused to bill Medicare or the veterans’ health insurance of Jeremy Greenbaum after a car crash aggravated an old combat wound to his ankle. Instead, the hospital filed liens in 2019 for the full price of his care, records show. ‘I could cut off a finger and the V.A. would cover it,’ Mr. Greenbaum said, adding ‘the insurance is just that good.’ “The worst part, Mr. Greenbaum said, was the nearly constant collection calls that made him feel like a ‘real deadbeat.’ Mr. Greenbaum is now part of a lawsuit against the hospital, Tennova Healthcare Clarksville, that accuses it of predatory lien practices. Ann Metz, a spokeswoman for Tennova, said that ‘Tennessee state law allows hospitals to file provider liens as a way to ensure that health care providers can be paid for treatment.’” Let’s see what happens, if federal officials step in. Rep. Frank Pallone, a New Jersey Democrat and chair of the House Energy and Commerce Committee, made this comment on Twitter about the New York Times article: “Accident victims should be able to focus on recovery without worrying about being taken advantage of. @EnergyCommerce will get to the bottom of this — we must protect patients against this egregious billing practice.” With car, motorcycle, and truck wrecks occurring all too frequently these days, it is worth noting that these incidents can be traumatizing and life changing, leaving victims debilitated and in need of major care for long periods, sometimes for the rest of their lives. A common and shocking part of what victims and their loved ones experience begins, of course, when they may be in least control of their lives — maybe when they arrive at a hospital and are in desperate need of medical services. Patients and their families at this vulnerable moment, however, may be barraged by institutions’ financial personnel, demanding reams of information and signatures on piles of papers. The New York Times reported that some of the documents may be consent forms, allowing hospitals to slap liens on patients for treatment costs, rather than billing their medical insurers. Patients learned from the awful practice of surprise medical billing — in which they faced whopping charges from providers outside their health insurance companies’ “narrow networks” of approved caregivers — to do everything they could, considering their emergency condition, to avoid signing any paperwork in haste. Congress, in unexpected and bipartisan fashion, recently appears to have banned the worst parts of those surprise medical bills. But the caution against putting one’s John Hancock on anything under medical duress may still be wise. Here is another professional recommendation that may belie conventional wisdom: Patients should consider whether their early calls after a vehicular wreck should go, beyond loved ones, maybe not to their insurance agent alone but also perhaps to an experienced lawyer they trust. This may be especially pertinent if the injuries in a case are severe. Conventional wisdom holds that an auto insurance agent will look after a policy holder after a crash. Maybe. It’s great if you have a solid gold pro like that. But remember: the agents work for insurance companies, not you. Your lawyer, as occurs with our firm, can step in to ensure that your insurer doesn’t try to prevent you from getting benefits you may be entitled to just to save his employer on expenses in your case. Your auto agent certainly cannot be helpful to you if you find yourself in a battle with a hospital over its attempt to gouge you on your medical bills, especially if those aren’t falling under your health coverage but in a dubious slapping of liens against you or some aspect of your assets. |
Recent Health Care Blog Posts |
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HERE’S TO A HEALTHY 2021!
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Sincerely, Patrick Malone |