Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

NAMAS | Insurance Discrimination - Against the Provider

News Article

Originally published November 8, 2024
by National Alliance of Medical Auditing Specialties 

When the concept of “insurance discrimination” rears its ugly head, we often think of it in the context of when an insurance company treats some people differently than others based on protected classes, such as race, national origin, sex, or religion.  Sometimes, this type of discrimination occurs through underwriting guidelines, coverage denials, refusal to renew coverage, limiting coverage, or imposing artificial age limits on coverage.  However, there is another type of “insurance discrimination” that I find particularly fascinating – discrimination against certain types of providers.

In 2010, the United States experienced a dramatic change in healthcare regulations through the passage of the Affordable Care Act (“ACA”).  Of particular note, the ACA included a provision that prohibits discrimination by insurers against providers acting within the scope of their licensure. 42 U.S.C. § 300gg-5.  Of course, a payer is still permitted to establish varying reimbursement rates based on quality or performance measures.  Id.  When insurers violate the ACA, the United States Department of Health and Human Services (“HHS”) is obligated to take action. 42 U.S.C. § 300gg-22.  However, HHS has never enforced the provider nondiscrimination provision of the ACA in the 15 years since it was passed.

Further, the No Surprises Act, passed in 2022, requires HHS, the Secretary of Labor, and the Secretary of the Treasury to issue a proposed rule implementing the provider non-discrimination protections under the ACA. These were supposed to be proposed by Jan. 1, 2022, and implemented 6 months after the conclusion of the comment period. There has been no proposed rule yet... [Read More]

Read the full article by BMD Member Jeana M. Singleton as originally published by the National Alliance of Medical Auditing Specialties. If you have any questions about health law, you can contact Jeana at jmsingleton@bmdllc.com or 330.253.2001.


BMD Partner Bryan Meek Named to Crain's 2024 40 Under 40

BMD Partner and Labor & Employment Co-Chair Bryan Meek has been named to Crain's Cleveland Business 2024 40 Under 40 list. With nearly a decade at BMD, Bryan's journey began as a law clerk and quickly led to his promotion to Partner. In response to the Covid-19 pandemic, he launched the Employment Law After Hours podcast, which now has over 1,400 subscribers. Through this podcast, Bryan offers valuable insights on legal issues, making complex topics more accessible to listeners.

HIGHLAND COUNTY PRESS: Ohio State Bar Foundation honors 2024 Award Recipients

The Ohio State Bar Foundation (OSBF) proudly recognized the exceptional contributions of attorneys and organizations at the 2024 All Rise Annual Awards Celebration, held Oct. 25 at The Fives in Columbus. This annual event celebrates those who have made a significant impact in communities across Ohio, showcasing the vital role of the legal profession in fostering positive change. BMD Of Counsel Scott P. Sandrock was recognized with the Ramey Award.

BMD Named to the 2025 Best Lawyers® “Best Law Firms”

Brennan Manna & Diamond (BMD) is recognized among the leading law firms in the nation according to the 2025 Edition of Best Lawyers®  "Best Law Firms." The firm is recognized in the metropolitan areas of Akron, Cleveland, Fort Myers (Bonita Springs office), Jacksonville, and Orlando.

Legal Aid Society: Scott Heasley

The Legal Aid Society of Cleveland highlights BMD Partner Scott Heasley and his volunteer work with Legal Aid.

The BMD Orlando Team Closes $81.5 Million Real Estate Land Transaction

The BMD Orlando Team successfully closed a $81.5 million and 1,800-acre real estate land transaction as part of a massive land deal. The legal team included BMD Senior Counsel Kim Gray, Member Scott Rost, Senior Counsel Audrey Wanich.