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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 Client Spotlight | Making a Real Impact through the Bridges Program

When the State of Ohio announced the Bridges Program in early 2018, it was an opportunity for real change - it was a commitment to change the narrative for young adults in the foster care system. The program is designed to help young adults aging out of the foster care system prepare for adulthood. BMD has been at the forefront of this initiative providing legal support for the program.

BMD 2019 OHIO SUPER LAWYERS AND OHIO RISING STARS

BRENNAN, MANNA & DIAMOND is proud to announce RICHARD W. BURKE (Estate Planning and Probate), ROBERT A. HAGER (Construction Litigation), MICHAEL A. STEEL (Bankruptcy, Business) and RICHARD L. WILLIGER (Workers’ Compensation, Employment & Labor) have been selected as 2019 Ohio Super Lawyers by Law and Politics magazine, Northern Ohio Live magazine, and Cincinnati Magazine in their respective area of practice. BMD’s 2019 Rising Stars include: JUSTIN M. ALABURDA (Business Litigation), VICTORIA L. FERRISE (Government Relations), ALEX J. McCALLION (Business Litigation), BRANDON T. PAULEY (Business/Corporate) and DANIEL J. RUDARY (Business Litigation)

Family and Friends Remember Brennan Manna Diamond co-Founder

At 6 fee 6 inches and wearing a white cowboy hat, Brennan Manna Diamond co-founder David L. Brennan was known for rescuing failing businesses and blighted areas and initiating and shepherding Ohio's school choice movement.

Amanda Waesch Weighs in on Leasing v. Buying Medical Office Space

Amanda Waesch weighs in on leasing v. buying medical office space

BMD's 2018 Florida Rising Stars

BRENNAN, MANNA & DIAMOND is proud to announce MATTHEW T. JACKSON and JOSHUA R. La BOUEF, have been selected as 2018 Florida Rising Stars for Business Litigation.