The healthcare industry needs to be
reformed by the free market. Patients
need be able to pay their own bills in order for the market to properly price
healthcare components. The idea that healthcare should be provided to all, even
if they cannot or do not pay, was the decision that brought us to our current
dilemma. That notion needs to stop, so
that providers are paid by patients.
The Health Care Crusade has attempted to publicize the problem and
offer some common sense solutions for Healthcare Law to ensure that providers
can’t cheat consumers. They present the
following “new laws” to get the conversation started:
STOP MEDICAL
PRICE-GOUGING NOW!
Introduction
Virtually all health insurance policies
today feature higher deductibles, larger co--‐pays, and greater out--‐of--‐pocket
limits. These policies are not inherently bad; but often they are sold to
persons with modest incomes and no savings, who cannot handle the extra costs
if they become sick. We seem to forget that low--‐income people should
have low deductibles, not the other way around. As a result, we are headed for
more and more collisions between health care providers and patients. The
patients either cannot pay their share of medical bills, because they have so
little money; or they are unwilling to pay, because
They feel that the charges are too high.
Providers will therefore be stepping up their efforts at collection. Patients
will be confronted at the clinic, at the reception desk or even in their hospital
beds.
The following
new laws are a serious effort to protect the patient. The consumer protections
which now exist are inconsistent and incomplete. Frankly, this is an economic
war. We have to stop the health care industry from extorting incredible sums
from the rest of us.
New Law #1 - Hospitals
must charge Medicare-like rates to the uninsured. If the Medicare
fee for gallbladder removal is $6,000,
then the maximum that the hospital can
charge should be $6,000 + 20% =
$7,200 – not the $30,000 ‘chargemaster’
rate. If the Medicare fee for a
colonscopy is $555, then that is the
maximum the Hospital can charge should be $555 + 20% = $666 –
not the $7,000 ‘chargemaster’ rate. If the Medicare fee for treating a heart
attack And implanting a stent is $15,000, then the maximum that the hospital
can charge should be $15,000 + 20% = $18,000m – not the $53,000 ‘chargemaster’
rate. The maximum charge for a short--‐stay emergency
department visit would be $200, not $1,000. The maximum chargem for a
pathologist’s tissue exam would be $128, not $1,800. Section 9007 of The
Affordable Care Act did call for restrictions on ‘excessive pricing’ --‐--‐but
only in non--‐ profit hospitals, and only for persons with
poverty--‐level incomes. To this day, the law has not been
enforced. (Though the Department of Justice did have time to fine Google $500
million For running ads from international pharmacies.)
The new Medicare--‐pricing
standard must now apply nationwide for anyone who is uninsured, and Must
be imposed on all hospitals whether profit or non--‐profit.
Seven states do provide some protection right now, but this must be a federal
law. (Although some hospitals forgive part or all of their charges if the
patient is poor...why not make this a national standard? . . instead of a
tortuous, uncertain case--‐by--‐
case determination.) Hospitals must not be allowed to punish ordinary citizens
who have the bad luck to become patients. We should not need to buy an
expensive insurance policy, just to get a fair price on hospital care. We
should not need to sue a hospital, or essentially beg for forgiveness, in order
to avoid a crippling debt. American politicians have historically been afraid
to confront hospitals. Their alternative is to pretend that we can all get
insured, and then the carriers will protect us. This is a forlorn hope.
New Law #2 - Balance
billing must be severely restricted for hospital care For example: If
the insurer pays $10,000 for a hospital
treatment, then that is basically all
that the hospital can collect. Once a
hospital accepts insurance reimbursement, it
cannot pursue the patient for extra charges,
other than the patient’s deductible and
coinsurance. This will be true across
the board for
Emergency admissions. For elective, non--‐emergency
admissions, balance billing can only occur if the patient is clearly warned in writing
And signs off, in writing, preferably after an attorney’s review at least 15
days in advance of their admission. (Massachusetts recently passed a disclosure
law that moves in the right direction.) In addition: If the
hospital uses an ‘out--‐of--‐network’ surgeon, that
doctor must accept the insurance company’s fee schedule as payment in full.
(This includes radiologists, anesthesiologists, pathologists, as well as
surgeons.) An out--‐of--‐network doctor, working
in a hospital where the patient has no choices, cannot charge forty times the Medicare fee for his services. (Well, he
can charge it, but under our laws he cannot collect it.)
The hospital will be required to hold
the patient harmless, for any amounts charged in excess of network rates.
Billing disputes between hospitals and ER doctors must resolved by the parties,
with no balance billing to the patient. In
addition: No extra bills will be allowed for ambulance rides.
(In fact, federal funds
should be allocated to make ambulances a free public good. Thirty years ago most cities provided ambulance service
from municipal taxes.)
An insured patient will only owe their
deductible and co--‐insurance – Regardless of networks. For example:
o Say that you have surgery in a
hospital, and a non--‐network anesthesiologist is utilized.
o He sends a separate $12,000 bill for
two hours of his services.
o Your insurance plan pays their
standard fee of $1,500.
o Under our law, neither the doctor nor
the hospital can bill you for the difference.
o The anesthesiologist should in fact be
ashamed of himself, and in a better world (like Canada or Germany) they would
be disciplined by a peer group like the AMA. Another example:
o While hospitalized, you have a
colonscopy and endoscopy, due to a risk of cancer.
o The provider charges $6,000.
o The insurer pays $2,000, which is
their standard amount and is actually 150% of Medicare’s rate.
o Your deductible is $1,000 and you have
a 20% coinsurance after that.
o You owe $1,000 plus 20% of $2,000 or
$400, for a total of $1400.
o You would never owe 20% of
$6,000, in or out of network.
o The provider has to “eat’ the rest of their
fee. It is impossible for a person who is hospitalized to form contracts at that
time.
Balance billing for inpatients puts vulnerable
people at risk when they have no real choice about treatment. For years, new patients
have been required to sign a guaranty agreement to pay any hospital costs that their
insurer does not cover. Such blanket authorizations are signed under duress and
should be unenforceable.
New Law #3 - If an
insurance claim is denied, the patient is not liable.
It will become the provider’s responsibility
to check with the insurer before providing care. (This is the basic rule in Medicare
today.) If the provider guesses wrong as to insurance coverage, they cannot overbill
the patient to make up the difference. The patient must be held harmless in disputes
between providers and insurers about ‘medical necessity’ or ‘reasonable and customary
fees.’
If a hospital charges $250,000 for care that
costs them $50,000 to provide, and the insurer refuses to pay, the hospital cannot
threaten the Patient with lawsuits, property seizure, or wage garnishment. NOTE:
At the same time, there are some insurers who refuse to pay pre--‐approved
claims, or pay very slowly. They pretend to lose registered mail, or assert that
provider information is missing, or dispute claims that are identical to what has
been paid in the past.
The patient must also be held harmless in
those cases; the answer is tougher regulation by state commerce departments. In
extreme cases, the government must have the right to seize the insurer and fire
all its officers.
Source: The
Health Care Crusade
Comments
Free market healthcare will deliver better
healthcare than government paid healthcare. We need a “Kelly Blue Book” for
healthcare procedures and drugs to know if we are being cheated.
Norb Leahy Dunwoody GA Tea Party Leader
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