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Clinical Laboratories and Pathology Groups

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Clinical Laboratories and Pathology Groups

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Blockchain Continues to Present Opportunities for Independent Hospital and Clinical Laboratories, as Aetna and Ascension Join Synaptic Health Alliance

These new additions to the Synaptic Health Alliance demonstrate an increasing belief among insurers that blockchain will improve the accuracy and exchange of critical healthcare data

Is blockchain technology ready for widespread use within healthcare? New developments show a growing interest among major health insurers to incorporate blockchain technology into their ongoing operations. As this happens, clinical laboratories will need a strategy, since a large proportion of all health data is made up of medical laboratory test results.

Dark Daily previously reported on how blockchain technology—with its big data and systemwide integration to existing healthcare provider directories—could alter how clinical laboratories obtain/store testing information and bill/receive payment for services rendered. We also covered how blockchain could enable insurers to instantly verify beneficiary’s coverage and attain interoperability between disparate electronic healthcare record (EHR) systems, including laboratory EHRs.

Now, insurers Aetna and Ascension have joined founding members UnitedHealthcare, Multiplan, Quest Diagnostics, Optum, and Humana in the Synaptic Health Alliance (SHA). These organizations formed SHA last year to “leverage [blockchain] technology to facilitate reaching across industry and competitive lines, creating a provider data exchange—a cooperatively owned, synchronized distributed ledger to collect and share changes to provider data,” according to the organization’s website.

What should be on the minds of every hospital and independent medical laboratory administrator is what will be required to engage in information exchange with such a distributed, non-centralized provider ledger.

What is Blockchain and How Does it Apply to Healthcare and Diagnostic Providers?

The SHA defines blockchain as “a shared, distributed digital ledger on which transactions are chronologically recorded in a cooperative and tamper-free manner [such as a] spreadsheet that gets duplicated multiple times across a network of computers, which is designed to regularly update the spreadsheet.”

Though the SHA’s efforts are still being tested, medical laboratories and pathology groups should note how Quest’s “physical relationship” with healthcare providers—as Jason O’Meara, Senior Director of Architecture at Quest Diagnostics describes it—gives the blood company an advantage. “The first day a practice opens up, they need internet, a telephone provider, and they have to have a diagnostics provider,” he told FierceHealthcare.

“Each of our organizations expends a tremendous amount of energy and effort trying to get this data as good as it can be,” O’Meara continued. “The challenge is—when we’re doing this in independent silos—it leads to duplication of efforts.”

O’Meara notes that while health plans collect needed information for months after a new practice opens, Quest often knows of these new locations “several weeks in advance” because new locations need supplies and the capability to order diagnostic tests from day one.

This physical-relationship advantage applies to all clinical laboratories, because they often are the first to know—and provide supplies to—new provider offices.

This informative video describes three ways blockchain will change healthcare. Click here to view the video or click on the image above. (Photo/video copyright: The Medical Futurist.)

Trimming Costs through Redundancy Elimination

Federal regulations require healthcare providers and payers to maintain frequently updated directories of care providers and services. These directories are then used across and between health networks to determine service availability, coverage options, and other critical elements related to obtaining care and reimbursements.

The Council for Affordable Quality Healthcare (CAQH) estimates the cost to maintain such directories is as high as $2.1 billion annually. Yet, even with that level of spending, a January 2018 Centers for Medicare and Medicaid Services (CMS) audit found that 52% of Medicare Advantage Organization (MAO) provider directories contained at least one error, FierceHealthcare reported.

The errors include providers who:

  • “Weren’t at the location listed;
  • “Didn’t accept the plan at that location;
  • “Who weren’t accepting new patients despite the directory saying that they were; and,
  • “Incorrect or disconnected phone numbers.”

In other words, CMS found that in its own MAO directories, about half of the information enrollees need to make important healthcare choices is either incorrect or out of date!

The SHA intends to change that by using blockchain to create a shared, up-to-the-minute accurate resource with interoperability between all participating providers.

By allowing alliance participants to consolidate directory updates, the system could eliminate silos and drastically reduce time and money spent applying updates to directories individually at each provider.

“We want this to be a public utility that every health plan and provider can participate on,” O’Meara told FierceHealthcare. “There’s no other technology we’re aware of that would allow for that type of robustness.”

Other Efforts to use Blockchain in Healthcare

In January, HealthPayerIntelligence (HPI) outlined another strategic initiative similar to the SHA involving Aetna, Anthem, Health Care Service Corporation (HCSC), IBM, and PNC Bank to create a “health utility network” using blockchain technology “to improve data accuracy for providers, regulators, and other stakeholders, and give our members more control over their own data.”

Lori Steele, Global Managing Director for IBM Healthcare and Life Sciences, told HPI that“blockchain’s unique attributes make it suitable for large networks of members to quickly exchange sensitive data in a permissioned, controlled, and transparent way.”

She continued, “The fact that these major healthcare players have come together to collaborate indicates the value they see in working together to explore new models that we think could drive more efficiency in the healthcare system and ultimately improve the patient experience.”

As medical laboratories continue to endure the financial pressures of healthcare reform, blockchain appears to offer yet another way to increase efficiencies, improve accuracy and accountability, and exchange data between disparate information systems.

While many possible uses for this technology remain in proof-of-concept and pilot-testing phases, pathologists and medical laboratory administrators looking to stay ahead of trends will want to keep up with blockchain as it continues to mature.

—Jon Stone

Related Information:

Aetna, Ascension Join Blockchain Alliance Targeting Provider Directories

Blockchain Collaborations in Health Care Continue to Grow

CMS: Errors Continue to Plague Medicare Advantage Plans’ Provider Directories

The Synaptic Health Alliance: A Look at How Blockchain Technology Could Improve Provider Data Quality

Humana, UnitedHealthcare Launch Blockchain Pilot Focused on Provider Directories

New Blockchain Collaboration Launches with Aetna, Anthem and HCSC

Aetna, IBM Launching New Blockchain Healthcare Network

Aetna, Anthem, HCSC Back Healthcare Blockchain Initiative

Aetna and Ascension Join Synaptic Health Alliance Blockchain Pilot for Healthcare Provider Data

Improving Provider Data Accuracy: A Collaborative Approach Using a Permissioned Blockchain

Blockchain Technology Could Impact How Clinical Laboratories and Pathology Groups Exchange Lab Test Data

Many Hospital Laboratories Must Report PAMA Private Payer Clinical Lab Test Price Data as ‘Applicable Labs’ in 2019, But Lack Systems and Expertise for This Task

Medicare officials are including most hospital laboratories in this PAMA data reporting cycle, but hospitals face $10,000/day federal penalties for not filing, filing late, or filing incomplete or inaccurate data

Clinical laboratories operated by hospitals and health systems could prove to be a game changer for the lab industry in this upcoming PAMA private payer lab test price reporting cycle. But that upside comes with risk.

For this reporting period, the federal Centers for Medicare and Medicaid Services (CMS) has defined any hospital laboratory that uses the CMS 1450 14X to bill for Medicare Part B clinical laboratory tests as an “applicable laboratory” under the Protecting Access to Medicare Act of 2014 (PAMA). That means a majority of hospital labs in the United States are required to report the prices they were paid by private health insurers to CMS.

This makes the current PAMA reporting period a high-stakes endeavor, because unprepared clinical laboratories could face federal fines of $10,000/day. The reporting eligibility requirements are broad and may leave unprepared clinical laboratories at significant risk.

The CMS PAMA regulations page states:

“Under the final rule, laboratories, including physician office laboratories, are required to report private [payer] rate and volume data if they:

  • “Have more than $12,500 in Medicare revenues from laboratory services on the CLFS [Clinical Laboratory Fee Schedule]; and,
  • “Receive more than 50% of their Medicare revenues from laboratory and physician services during a data collection period.

“Laboratories will collect private [payer] data from January 1, 2019, through June 30, 2019, and report it to CMS by March 31, 2020.”

In addition to shrinking margins, increased competition, reduced reimbursement rates, and ever-changing regulations, clinical laboratories now face new fines that could prove financially catastrophic for even the largest, most efficient labs.

New Rules and Reporting Requirements Threaten Unprepared Labs

Healthcare reform continues to reshape how healthcare is both delivered and billed across the country. GenomeWeb reported in 2017 that CMS expects PAMA to save the government $3.93 billion by 2028.

While medical laboratories continue to grapple with the impact of reduced reimbursement rates under PAMA’s revised CLFS final rule, the new rules for what constitutes an “applicable lab” and the new reporting requirements that started January 1, 2019, add yet another level of complexity to reporting and compliance concerns.

Rodney Forsman, Assistant Professor Emeritus of Lab Medicine and Pathology at the Mayo Clinic College of Medicine, in Rochester, MN, told Dark Daily that “Laboratories must work to identify reporting concerns, billing and IT limitations, and identify current statutes and limitations to present to compliance officers and stakeholders. Failure to do so could leave labs liable for fines of up to $10,000 per day.”

Compliance Will Be a Team Effort

He further emphasizes that compliance with reporting requirements will involve a range of stakeholders within the hospital and its laboratory. Information technology (IT) teams, compliance officers, laboratory C-suite executives, and billing departments all will play a role in implementing the changes needed and reporting the data required.

Therefore, understanding exactly what regulations require—and what is at stake—is crucial to not only implement critical changes, but to ensure that the lab understands and is on-board with said changes.

Considerations include:

  • Understanding the new collection and reporting periods;
  • Assessing billing and IT limitations in relation to reporting requirements; and,
  • Implementing proper data capture and validation systems ahead of data submission.

To help hospital laboratories, independent clinical laboratories, and stakeholders prepare for these recently enacted requirements and avoid substantial fines, Forsman and Brian Kemp, Vice President of Change Healthcare, headquartered in Nashville, TN, will co-present a 90-minute webinar, titled, “PAMA in 2019: What Labs Need to Know to Collect Data, Report on Time, and Avoid $10,000 per Day Penalties.”

Rodney-Forsman-Brian-Kemp-400w@72ppi
Rodney Forsman (left), Assistant Professor Emeritus of Lab Medicine and Pathology at the Mayo Clinic College of Medicine, and Brian Kemp (right), Vice President of Change Healthcare, stress that a current understanding of PAMA’s impact is crucial and that clinical laboratories are at considerable risk if they are not compliant with the latest PAMA requirements. (Photo copyright: Dark Daily.)

This important webinar will include:

  • A brief overview of PAMA;
  • The latest updates to PAMA reporting requirements; and,
  • Actionable information for applicable labs required to meet them.

The speakers will also cover concerns for hospital outreach programs and specific CMS 1450 14X Type of Bill (TOB) billing changes to help hospital COOs, CFOs, CIOs, contract officers, and compliance officers understand the latest implications of ongoing PAMA requirements.

Laboratory directors, managers, administrators, and IT and billing staff will want to attend this critical webinar to learn essential PAMA reporting considerations and pitfalls to avoid.

(To register for this critical Feb. 20th webinar, click here. Or, copy and paste this URL into your browser: https://www.darkdaily.com/webinar/pama-in-2019-what-labs-need-to-know-to-collect-data-report-on-time-and-avoid-10000-per-day-penalties/.)

—Jon Stone

Related Information:

PAMA in 2019: What Labs Need to Know to Collect Data, Report on Time and Avoid $10,000 per day Penalties

PAMA’s Impact on Laboratory Margins

PAMA and Bundled Payments Force Labs to Feel a Reimbursement Shift

CMS 2018 PAMA Pricing Cut for Lab Tests Deeper than Prior Estimate; Advanced Dx Lab Tests Fare Well

Laboratories Take Aim at Proposed PAMA 2018 Medicare Rates for Tests

2018 Medicare Payment Cuts for Clinical Testing

Hospitals Need to Be Aware of CMS Changes to PAMA

CMS Issues PAMA Final Rule That Aims to Cut Medicare’s Clinical Laboratory Test Price Schedule Sharply Beginning in 2018

PAMA Reporting Penalties Can Be Substantial for Laboratories

Implementing a New EHR at the Veterans Administration Is Taking Longer and Costing More than Earlier Estimates

With a now-estimated price tag of $16.1 billion, federal regulators and government representatives question the VA’s replacement for their VistA medical records system

Originally estimated to cost $10 billion, a contract to replace the federal Department of Veterans Affairs (VA) electronic health record (EHR) system will now cost $16.1 billion, according to new estimates, and this has drawn increased scrutiny from regulators and the media.

ProPublica reports that the initial deal signed in May 2018 between the VA and Cerner, one of the nation’s largest vendors of laboratory information systems (LIS) and anatomic pathology information systems, included a $10-billion ‘no-bid’ contract to replace the VA’s aging VistA medical records system over 10 years. Since then, that estimate has ballooned to $16 billion, and with this latest increase, is now at $16.1 billion.

One ongoing challenge facing clinical laboratories and anatomic pathology groups is maintaining interfaces to the plethora of disparate EHR systems implemented in healthcare networks across the country. It’s a costly undertaking that has nearly bankrupted many healthcare providers.

Thus, these developments could impact how medical laboratories and pathology groups work and communicate with the VA in the future and are worth paying attention to.

Price Concerns Grow Before Progress Starts

Citing talks at a 180-day review hearing with the House Committee on Veterans’ Affairs Subcommittee on Technology Modernization, Fierce Healthcare reported that Rep. Jim Banks, R-Ind., said, “The total estimate has already gone up before any real work begins. How can that be?”

In response, John Windom, Executive Director of the federal government’s Office of Electronic Health Record Modernization (OEHRM), told the House Committee that the VA’s original estimate failed to include roughly $35 million/year for VA government employee costs over the decade-long Cerner contract.

“We have to have highly qualified subject matter experts to grade the implementation efforts of Cerner. Those people in the industry cost money,” noted Windom, Health Data Management reported.

This review hearing came just after ProPublica reported on a progress report where Cerner had assigned an alert rating of “yellow trending toward red” to the VA’s EHR implementation efforts.


“It scares the hell out of me,” Ken Kizer, MD, MPH, CEO of health information technology (HIT) developer Medsphere Systems, and former Under Secretary for Health at the VA, told ProPublica. “I don’t think the VA, given other issues, has the luxury to have something that doesn’t work.” (Photo copyright: UC Davis Health.)

Deploying a new EHR in a system as large as the VA is a highly complex operation. Adding in government oversight—and coordinating development and deployment between all the parties involved—further complicates the VA and Cerner’s efforts.

One complication not receiving much coverage is the fact that EHR systems designed primarily for insurance billing purposes may be incompatible with the needs of the VA and other federal agencies that do not bill insurance companies.

“VA is different. The focus of the VA’s electronic medical record is never about clinical documentation to support billing. It’s about giving the information to the provider at the right time to inform the best care. There are true risks to patients if they don’t do this right,” Heather Woodward-Hagg, PhD, former National Program Director (Acting), Veterans Engineering Resource Centers (VERC) and Founding Director, Veterans Affairs Center for Applied System Engineering (VA-CASE), told ProPublica.

Nevertheless, according to coverage of the Review Committee hearing by MeriTalk, Windom remains hopeful that the project’s financials will improve. “There are going to be efficiencies gained we can’t forecast at this point,” he told the Committee members.

Other Federal EHR Project Overruns

The VA’s implementation of Cerner’s system aligns with another recent government-related Cerner deployment—the US Department of Defense (DoD) Military Health System Genesis EHR system. That project also was subject to budgeting overruns.

According to MeriTalk, the original deal between the DoD, Cerner, and Leidos in 2015 was estimated at $4.3 billion. However, in July 2018, the DoD increased the project budget by $1.2 billion—bringing the total estimate to $5.5 billion.

Still, this falls far short of the VA estimate of $16.1 billion leaving regulators and media outlets questioning the health and oversight of the Cerner/VA project.

The VA estimate also is well above the cost of other notable EHR implementations—such as the development and deployment of Kaiser Permanente’s HealthConnect EHR.

Speaking with InfoWorld in 2013, Philip Fasano, then CIO of Kaiser Permanente, noted that it cost roughly $4 billion to build a system alongside Epic to serve their 9-million members. When asked what it would take to implement a similar system nationally, he estimated costs in the “tens of billions.”

The Hidden Costs of EHR Implementation

Speaking with Becker’s Hospital Review in 2016, Eric Helsher, Vice President of Client Success at Epic, highlighted how difficult it is to budget for such upgrades. “It’s misleading to say, ‘A hospital is undergoing a $X million Epic implementation,’ because the install includes far more than simply the Epic software,” he said. “An EHR from any vendor requires technology like servers and storage to house the software—be it on-premise or in the Cloud—and laptops and mobile devices to access it. That would be like if you go buy a fully loaded laptop and attribute that full cost to Microsoft Word. You needed the computer to get Word.”

Whether the VA and Cerner can determine ways to bring the contract in line with budgets remains to be seen. However, while healthcare reform highlights EHR implementation and interoperability as major concerns in the modern US healthcare landscape, the VA’s latest attempts at replacing their VistA medical records system serves as a reminder of the complexity and hidden costs facing healthcare providers working to meet healthcare reform requirements and offer a more personalized care experience.

This, of course, applies equally well to clinical laboratories.

—Jon Stone

Related Information:

How Kaiser Bet $4 Billion on Electronic Health Records – and Won

Lawmakers Grill VA Officials on Higher Costs of EHR Overhaul

Cost of VA’s EHR Modernization Program Grows by $350M

House Chairman Sees “Every Indication” That VA’s EHR Difficulties Will Continue

VA’s EHR Project Is “Yellow Trending towards Red,” Says Report Obtained by ProPublica

The VA Shadow Rulers’ Signature Program Is “Trending towards Red”

VA Replacement of Legacy EHR Could Cost as Much as $16B

VA’s EHR Project Hits Early Cost Overrun

VA and DOD Senior Leaders Commit to Aligned Electronic Health Records System Rollout

VA to Congress: First Cerner EHR Install Will Go Live by 2020

Price Tag for New VA EHR Now Totals Nearly $16B

Congressman Raises Concerns about “Deteriorating, Rudderless” Leadership of VA’s EHR Project

VA EHR Optimization Efforts a Concern for Congress

New CMS Final Rule Makes Clinical Laboratory Test/Procedure Pricing Listed on Hospital Chargemasters Available to Public

Experts are skeptical of the value of public price lists based on hospital chargemasters due to complexity and poor reflection of actual costs


In another big step toward helping consumers view prices of medical procedures when selecting providers, the Centers for Medicare and Medicaid Services (CMS) passed the IPPS/LTCH PPS final rule, which requires hospitals to post a full list of hospital pricing information on their websites starting January 1, 2019.

Clinical laboratories, anatomic pathologists, and other diagnosticians doing business with their local health networks will now find their prices for tests and procedures listed on the hospitals’ chargemasters available to the public.

To meet rule requirements, pricing information posted by hospitals must be:

• Published online in a publicly accessible place;

• Machine-readable;

• Downloadable to a spreadsheet; and,

• Updated at least once per year.

Outside of these requirements, the guidelines are vague. However, based on coverage of initial pricing lists, additional revisions are expected.

A fact sheet discussing the major provisions of the final rule (CMS-1694-F), can be downloaded from the Federal Register.

Are the Price Lists Accurate?

One of the biggest issues cited by the media relates to the accuracy of pricing information. As most hospitals are posting data directly from their chargemaster listings, the numbers listed for the public are likely to differ from the actual prices billed. Final charges depend on each patient’s insurance plan and the network status of the healthcare facility rendering the services.

Dark Daily previously reported on the possible need for chargemaster changes within the laboratory market, citing information from the Healthcare Financial Management Association (HFMA). (See, “Excessive $48,329 Charge for California Patient’s Outpatient Clinical Laboratory Testing Calls Attention to Chargemaster Rates and New CMS Price Transparency Rule,” November 30, 2018.)

While hospitals are now required to post their price lists in a machine-readable format, MedCity Newsreports that many facilities use medical codes and terminology in price lists that the average consumer might not understand.

To further compound the issue, many items are listed individually. This requires consumers to go through thousands of price listings and combine the listed prices one by one to get an estimate of total costs for a procedure.

“To 99% of the consuming public, these data will be of limited utility—meaningless,” Kenneth E. Raske, President of the Greater New York Hospital Association told The New York Times (NYT).

Brenda L. Reetz, CEO of Green County General Hospital in Indiana also spoke with the NYT, saying, “We’ve posted our prices, as required. But I really don’t think the information is what the consumer is actually wanting to see.”


“While many hospitals have said chargemaster information can be confusing for consumers, let me be clear, hospitals don’t have to wait for us to go further in helping their patients understand what care will cost. We look forward to more facilities exceeding our requirements,” Seema Verma (above right), Administrator, Center for Medicare and Medicaid Services (CMS), told Modern Healthcare. (Photo copyright: Fox Business.)

Concerns of Increased Risk for Both Hospitals and Consumers

“There is no more powerful force than an informed consumer,” said Alex Azar II, Secretary of the US Department of Health and Human Services (HHS) during a speech to the Federation of American Hospitals (FAH). “There is no turning back to an unsustainable system that pays for procedures rather than value. In fact, the only option is to charge forward—for HHS to take bolder action, and for providers and payers to join with us,” he concluded.

But with the higher rates found on most hospital chargemasters, and the difficulty in finding true costs using the new public pricing lists, some experts are concerned the lists might cause an adverse reaction.

“We do not want patients to forgo needed care,” Tom Nickels, Executive Vice President for Government Affairs and Public Policy at the American Hospital Association (AHA), told Newsweek. “Especially if the quoted price is for the total cost of the service and not what the patient will be expected to pay out-of-pocket.”

This is a real risk. Hospitals and other healthcare providers already are experiencing reduced volumes due to patients opting out of important procedures because of cost worries. Chargemaster lists that do not reflect the true impact of insurance, charity programs, and other variables could exacerbate that problem.

And there is specific risk for clinical laboratories, as they rarely have a public-facing element within hospitals. Physicians order medical laboratory tests and patients either do or do not comply. There is no opportunity for laboratories to explain that prices listed on the hospital site might not reflect actual out-of-pocket costs. Could this be an opportunity for enterprising clinical laboratory managers?

Future Transparency Trends

“I think putting those prices out there—even with the acknowledgment that these aren’t the prices anyone pays unless they’re uninsured—may indeed still provoke conversations with hospital administrators,” Michael Abrams, Managing Partner of Healthcare Consultancy at Numerof and Associates, a strategic management consultant for the global healthcare sector, told MedCity News.

While experts might not find much value in the current iteration of price lists, and the latest attempt to improve pricing transparency by CMS, it offers medical laboratories and hospitals an opportunity to assess current pricing models and decide how to best communicate value to consumers as pricing transparency continues to mature and the US shifts to value-based healthcare.

—Jon Stone

Related Information:

Fiscal Year (FY) 2019 Medicare Hospital Inpatient Prospective Payment System (IPPS) and Long-Term Acute Care Hospital (LTCH) Prospective Payment System Final Rule (CMS-1694-F)

HHS Takes New Steps in Secretary Azar’s Value-Based Agenda

Hospital Prices: Full Cost Lists Must Be Published from January 1, New Federal Rule Says

Hospitals Now Publicly List the Cost of Services, But It’s Not as Simple as It Seems

All U.S. Hospitals Will Now Be Required to List Their Prices Online

Hospitals Must Now Post Prices. But It May Take a Brain Surgeon to Decipher Them

Verma: Chargemaster Rule Is ‘First Step’ to Price Transparency

CMS Looking to Define Enforcement for Its Hospital Price Transparency Rule

Blowback on CMS Price Transparency Rule

What’s Next after the CMS Price Transparency “First Step”

Remarks on Value-Based Transformation to the Federation of American Hospitals

Excessive $48,329 Charge for California Patient’s Outpatient Clinical Laboratory Testing Calls Attention to Chargemaster Rates and New CMS Price Transparency Rule

Latest Push by CMS for Increased Price Transparency Highlights Opportunities and Risks for Clinical Laboratories, Pathology Groups

Balance Billing Under Increased Scrutiny at Both State and Federal Levels; Clinical Laboratory Tests Top List of Surprise Bills Received by Patients

Experts blame insurance regulators for not ensuring the adequacy of healthcare networks that include hospital-based physicians, such as pathologists and radiologists

According to a recent study, clinical laboratories, anatomic pathologists, radiologists, and anesthesiologists top the list of providers who bill patients for the difference between what they charge for their services and a hospital’s contracted reimbursement rates.

This so-called “balance-billing” not only causes hardship for patients and consumers already shouldering a larger portion of their healthcare costs, but poses a public relations concern for service providers across the US healthcare industry as well.

Following public outcry from patients who received care at what they believed to be in-network medical facilities, only then to be surprised by bills from their care providers for the remaining balance not covered by their insurance, the practice of balance billing has drawn increased scrutiny from state and federal officials.

Medical Laboratory Charges Top Reason for Surprise Bills

In August 2018, the National Opinion Research Center (NORC) at the University of Chicago interviewed 1,002 respondents age 18 and over about surprise medical bills.

In their report, NORC notes that of those surveyed, 57% (567 individuals) acknowledged receiving a surprise medical bill they thought would be covered by their health insurance.

When asked about the network status of the doctor who provided care during the episode related to the surprise bill, 79% responded that charges were not for doctors being out-of-network for their insurance plan. Medical laboratory-related charges were near the top of reasons patients received surprise bills, with 51% of individuals receiving bills related to “a laboratory test, like a blood test.”

Such surprise medical bills received frequent coverage in 2018. This has led many states to enact or discuss legislation to address the practice and offer cost protections for patients.

The Centers for Medicare and Medicaid Services (CMS) even included a Request for Information related to surprise billing and price transparency in their “Fiscal Year (FY) 2019 Medicare Hospital Inpatient Prospective Payment System (IPPS) and Long Term Acute Care Hospital (LTCH) Prospective Payment System Proposed Rule.”

Thus far, however, little change to existing regulations and contract systems has been enacted to protect patients or help laboratories and other service providers offer alternative payment solutions for patients.

There also are few requirements for insurance providers to verify that plans include sufficient numbers of in-network service providers when offering plans to consumers.

R-Bruce-Williams-MD-CAP-Geraldine-McGinty-MD
“Many news stories on ‘surprise’ billing blame physicians, because the bill is sent from the doctor’s office or billing company. But the insurance industry is the real culprit, in concert with insurance regulators who have not acted to require network adequacy,” R. Bruce Williams, MD (left), President, College of American Pathologists (CAP), and Geraldine B. McGinty, MD (right), Chair of the American College of Radiology Board of Chancellors, wrote in STAT. (Photos copyrights: College of American Pathologists/Geraldine McGinty.)

States Move to Change Trends While Patients Continue to Experience Bill Shock

States are beginning to address surprise billing concerns ahead of action by insurance regulators and the federal government. In December, the Arizona Department of Insurance issued a news release outlining the agency’s plan to allow for arbitration questions for surprise out-of-network bills.

And, California effectively banned out-of-network billing from groups within in-network facilities in 2017 with Assembly Bill 72. However, the state only finalized reimbursement rates for service providers and patients affected by surprise bills in January of this year according to Capital Public Radio.

Many of these state-level regulations do not account for the complexity of creating rules based on emergency or non-emergency care or the insurance providers in question. For example, Assembly Bill 72 does not apply to “Medicare, Medi-Cal, out-of-state plans, self-insured employer plans, or other products regulated by federal law,” according to a news release from the California Society of Anesthesiologists.

Finding Fair Solutions for Both Patients and Care Providers

Speaking with Kaiser Health News about a report of a man in Texas receiving a $109,000 surprise bill related to treatment after a heart attack, Rep. Lloyd Doggett of Texas said, “This is a nationwide problem, and we need a nationwide solution. We have a system where the patient, the most vulnerable person of all those involved, is caught between the insurer and the healthcare provider … these problems are solvable.”

Modern Healthcarerecently covered how some hospitals are now requiring physicians to go in-network as a provision of their contracts. However, they also note this approach disadvantages physicians and shifts reimbursement negotiation power to insurers. Should hospitals take a similar approach with medical laboratory specialists, it could create similar concerns.

While surprise medical bills create added hardship for patients and pose reputational and reimbursement concerns for clinical laboratories and healthcare providers, creating regulations that establish effective protections while also protecting the financials of service providers continues to prove difficult.

Speaking with Modern Healthcare, Dan Sacco, Vice President for Strategic Affairs and Payer Relations at Boca Raton Regional Hospital, summarized concerns concisely, saying, “We’re trying to protect [consumers], but we’re also trying to be reasonable business partners as well.”

—Jon Stone

Related Information:

Surprise Out-of-Network Bills Are the Fault of Insurance Regulators

Hospitals’ Solution to Surprise Out-of-Network Bills: Make Physicians Go In-Network

Letter from AHA and FAH to Congress

NORC AmeriSpeak Omnibus Survey: Surprise Medical Bills

Arizona Department of Insurance: Arbitration for Surprise Healthcare Bills Will Be Available Soon

New Payment Model Tackles “Surprise Medical Bill” Issue

AB 72 Implementation: What You Need to Know

The $109K Heart Attack Bill Is Down to $332. What about Other Surprise Bills?

Taking Surprise Medical Bills to Court

Surprise Medical Bills Loom for Millions of Americans in 2019

Fiscal Year (FY) 2019 Medicare Hospital Inpatient Prospective Payment System (IPPS) and Long Term Acute Care Hospital (LTCH) Prospective Payment System Proposed Rule, and Request for Information

AB 72: What the New “Out-of-Network” Law Means

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