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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.


How bringing baseball to Akron launched a career of dealmaking

Baseball changed Tony Manna’s life. More specifically, bringing minor league baseball — and a new stadium — to Akron. “When I completed that deal, I remember a guy told me, ‘Your whole life is going to change because of this deal and the notoriety that comes with it,’” recalls the CEO of real estate developer Signet LLC. “He was absolutely right about that.” In this week’s Master Dealmaker, Tony shares his approach to dealmaking, the team he’s built and how pillow talk can play in the success or failure of a business deal.

Social Enterprises Show Us that Business with a Purpose is Possible

On Feb. 17, the Young Lawyers Section of The Jacksonville Bar Association held its Ninth Annual Young Lawyers Section Chili Cook-Off at the Riverside Arts Market, which benefited Rethreaded, a local nonprofit.

BMD's Daphne Kackloudis Drafting Legislation Seeking Additional Funding for Children Born Addicted to Opioids

BMD's Daphne Kackloudis has been working with her client, Brigid's Path, to help them gain access to additional federal funds for their mission. She has drafted legislation which would do just that. The CRIB Act would amend the Social Security Act to allow Medicaid reimbursement for residential pediatric recovery centers such as Brigid's Path. Congressman Turner is going to ask Sen. Portman to amend his opioid bill (CARA 2.0) to include the CRIB Act.

BMD Seeking Recovery for Opioid Losses on behalf of Summit County and its Political Subdivisions

As the opioid epidemic continues to take its toll on our community, its resources and straining the already tight budgets, Brennan Manna & Diamond, on behalf of Summit County and its political subdivisions, filed a complaint against those companies that make or distribute prescription opioids seeking recovery of the County's losses as a result of the opioid crisis.

BMD 2018 OHIO SUPER LAWYERS AND OHIO RISING STARS

BMD 2018 Super Lawyers and Ohio Rising Stars