| The doctors involved say they’re educating peers about a treatment area many physicians weren’t taught much about in medical school. They say the programs help colleagues overcome skepticism about obesity medicine and understand how the drugs work. The conflict question: The line between education and promotion is part of what makes the practice controversial, with critics raising conflict-of-interest concerns. Decades of research has shown that financial relationships between physicians and pharmaceutical companies are associated with higher prescribing rates of the sponsoring company’s drugs. Read the full story: “The largely hidden force helping drive America’s craze for weight-loss drugs.” Patient groups are the latest to chime in with criticism over how the law meant to protect patients from surprise medical bills is being implemented, joining a growing chorus urging lawmakers and regulators to institute reforms to it. Families USA on Thursday released a paper about what it calls a gaming of the system set up through the law, called the No Surprises Act, to resolve billing disputes. The group has also put together a report detailing how certain states have tackled the issue — doing so much better, the organization says, than the federal government. → It’s the latest in a series of studies and white papers on the surprise-billing topic. The data is coming from providers, the middlemen that help them file dispute claims and from insurers. That’s a larger, more complex topic I want to cover soon. But, despite their differences, all sides agree that the No Surprises Act isn’t working. It involves a lot of finger-pointing and back-and-forth. For today, let’s focus on some of the solutions coming from those not directly involved in the disputes. → Alongside the release of the reports, Families USA sent a letter, leading more than 60 other patient advocacy organizations and employer groups, to congressional leaders asking Congress to reopen the law to enact changes. “Despite the NSA’s clear success in protecting consumers from surprise out-of-network bills, the law failed to institute a method for setting fair and reliable payments to out-of-network providers that would have helped protect consumers from rising health care premiums,” the letter reads. “We call on Congress to get the No Surprises Act back on track.” The coalition’s general asks include implementing an overhaul to the No Surprises Act’s dispute-resolution process to replace the baseball-style arbitration set up by the law with a “predictable, transparent benchmark payment methodology” for out-of-network care. The groups also want what they call a clearer, market-based approach that they argue would reduce incentives to game the system and keep payment awards from getting inflated, while preserving the law’s protections against surprise medical bills for patients. What to watch: While there is a growing call for reforms, Capitol Hill doesn’t appear eager to reopen the No Surprises Act — at least not yet. This could potentially spur more states to enact their own systems. → States including California, Ohio and Virginia have implemented their own laws to protect patients from surprise medical bills that Families USA argues avert some of the pitfalls of the federal system, the organization said in one of the separate reports. - California: Uses a payment benchmark tied to insurers’ contracted rates or 125 percent of Medicare and requires providers to exhaust internal appeals before heading to the arbitration process. It’s resulted in a decrease of out-of-network charges from providers. And just 269 payment disputes reached California’s arbitration process between 2018 and early 2025, according to the report.
- Ohio: Uses a benchmark based on in-network, out-of-network or Medicare rates. Arbitrators primarily consider in-network rates and cannot consider providers’ billed charges. Just 578 cases reached state independent dispute resolution in 2023, according to the Ohio Department of Insurance. Providers still prevailed more often (about 60 percent of the time), but the results were less lopsided than the federal outcomes, where providers win about 85 percent of the time.
- Virginia: Requires a “commercially reasonable” payment amount based on comparable rates for similar services, and limits providers to one arbitration request per seven days. The report found that has also resulted in a lower number of medical claim disputes sent to arbitration.
“Democrat’s ad about tragic pregnancy injects abortion into tight governor’s race,” The Post’s Molly Hennessy-Fiske reports. “ARPA-H to invest $62 million to develop FDA-authorized AI to help treat heart failure,” Mario Aguilar reports at STAT. This newsletter is published by WP Intelligence, The Washington Post’s subscription service for professionals that provides business, policy and thought leaders with actionable insights. WP Intelligence operates independently from The Washington Post newsroom. Learn more about WP Intelligence. |