Louisville Medicine Volume 67, Issue 3 | Page 29

DOCTORS' LOUNGE SPEAK YOUR MIND If you would like to respond to an article in this issue, please submit an article or letter to the editor. Contributions may be sent to [email protected] or may be submitted online at www.glms.org. The GLMS Editorial Board reserves the right to choose what will be published. Please note that the views expressed in Doctors’ Lounge or any other article in this publication are not those of the Greater Louisville Medical Society or Louisville Medicine. SURPRISE! YOU OWE US $350,000 FOR LIVING C AUTHOR Mary Barry, MD ongrats, you survived the car wreck. The truck that T-boned you is in the junkyard, but you have managed to claw your way out of the ICU, to the ward, to the rehab center, and finally, back to your own kitchen table. You feel clearheaded enough, armed with your cherished childhood letter opener (a gag gift to a Cardinal fan: it says “Cincinnati Reds”) to tackle at last the mountain of mail. The get-well cards make you laugh. The bills don’t, especially the ones from Cigna when you have Anthem! What is that all about? And, especially the one with long pages of charges that are headlined out-of-network and add up to an old but nice condo in Gulf Shores. This is where you start to scream. You can walk again, you can feed and dress yourself with your good arm in a cast, and your brain swelling is long gone. Your time is your own again, not packed with therapy appointments and waiting rooms. Just when you thought you could take an easy breath, that truck has crashed your life again. This time it has accomplices: the out-of-network balance billers. In an emergency setting, patients frequently have no control over their care: the ambulance takes them to the place the EMS determines is the best, the one not on diversion, the closest or the fastest. Since you are nearly always admitted to the hospital where you were seen in the emergency room, you then have no control over your hospital bill. According to the Kaiser data, one in six Americans have received an emergency surprise bill. The Affordable Care Act (ACA) recognized this as a problem and made provisions for it. According to www.healthsystemtracker. org, “This law provides partial protection for patients receiving out-of-network emergency care. The ACA requires all non-grand- fathered health plans to cover out-of-network emergency services and to apply the in-network level of cost-sharing to such services. Health plans are also required to pay a reasonable amount for the out-of-network services.” However, the ACA does not prohibit balance billing by facilities or providers of this care. In contrast, in-network hospitals and doc- tors are not allowed to bill for the balances not covered by the insurer. They are required to accept the amount negotiated in the contract. Texas is one of the leading states for patients to suffer this huge shock – 38% of patients in emergency rooms by some surveys, as contrasted to 4% for people in Alabama. In June, Texas Gov. Greg Abbott signed the bipartisan Senate Bill 1264, designed to eliminate such surprise billing (but as passed, only for people with insurance plans regulated by the state of Texas, not with federally regulated insurance plans). Way to go Texas! In Kentucky, Sen. Ralph Alvarado and ranking Democrat Sen. Dennis Parrett have introduced SB24, including this issue in a wide range of other health care proposals; a previous bill KY SB79 is still sitting in the Banking and Insurance Committee. The Texas bill was backed by the Texas Medical Association and the Texas Hospital Association, passing the House 146-0 and the Senate 29-2. It carries three major components: reporting of the surprise medical bills will be limited on consumer credit reports; hospitals, clinics and doctors accepting state regulated insurance plans must eliminate all balance billing; and mandatory mediation of the amounts billed must be accomplished by a state arbitrator who takes the patient out of the equation. Arbitration takes place between the insurance plan administrator and the provider, only. (continued on page 28) AUGUST 2019 27