New Bill Will Put an End to the Out-of-Network ER Scam

Leonard Ortiz/The Orange County Register/ZUMAPRESS

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.

Sarah Kliff reports a sighting in the wild of the most endangered species of them all: a bipartisan proposal in Congress that would actually do some good. In this case, it’s a bill that puts a stop to surprise out-of-network billing in emergency rooms, which can cost patients tens of thousands of dollars without their knowledge:

The policy proposal, which you can read here, essentially bars out-of-network doctors from billing patients directly for their care. Instead, they would have to seek payment from the insurance plan…which would pay the greater of the following two amounts:

  • The median in-network rate negotiated by health plans
  • 125 percent of the average amount paid to charged by similar providers in the same geographic area

The Senate proposal would also require out-of-network doctors and hospitals to tell patients that they are out of network once their condition has stabilized, and give them the opportunity to transfer to an in-network facility.

Of the many outrages in our health care system, there are some that seem especially designed to make your blood boil. For example, the fact that people without insurance—who are plainly the ones least able to afford it—are charged hospital rates far higher than those with insurance.

ER surprises are another one. In a genuine emergency, patients are barely thinking straight, and they’re lucky if they even direct the paramedics to a hospital in their insurance network. But even if they remain lucid enough to do that, it might still turn out that, say, the anesthesiologist on duty is a free agent who doesn’t work for the hospital and isn’t part of your insurance network. But you’ll only find that out a few months later when he directly bills you for $20,000.

Only in America, you say, and you’d be pretty much correct. It’s just too absurd for any other country to allow something like this. After all, the widespread approval of out-of-network billing is bad enough, but in an ER? Where the patient may be literally unconscious, or at best, tied up in knots over what’s wrong and whether it’s anything serious? These are obviously not people who are going to stroke their chins and carefully ask every doctor who enters the room, “Are you part of the Aetna Choice POS II network?”

The out-of-network scam is not just an outrage, but an obvious outrage designed solely to stuff dollar bills into the pockets of favored doctors. No one, Democrat or Republican, should have any sympathy for it, and hopefully this bill will put an end to it.

WE'LL BE BLUNT.

We have a considerable $390,000 gap in our online fundraising budget that we have to close by June 30. There is no wiggle room, we've already cut everything we can, and we urgently need more readers to pitch in—especially from this specific blurb you're reading right now.

We'll also be quite transparent and level-headed with you about this.

In "News Never Pays," our fearless CEO, Monika Bauerlein, connects the dots on several concerning media trends that, taken together, expose the fallacy behind the tragic state of journalism right now: That the marketplace will take care of providing the free and independent press citizens in a democracy need, and the Next New Thing to invest millions in will fix the problem. Bottom line: Journalism that serves the people needs the support of the people. That's the Next New Thing.

And it's what MoJo and our community of readers have been doing for 47 years now.

But staying afloat is harder than ever.

In "This Is Not a Crisis. It's The New Normal," we explain, as matter-of-factly as we can, what exactly our finances look like, why this moment is particularly urgent, and how we can best communicate that without screaming OMG PLEASE HELP over and over. We also touch on our history and how our nonprofit model makes Mother Jones different than most of the news out there: Letting us go deep, focus on underreported beats, and bring unique perspectives to the day's news.

You're here for reporting like that, not fundraising, but one cannot exist without the other, and it's vitally important that we hit our intimidating $390,000 number in online donations by June 30.

And we hope you might consider pitching in before moving on to whatever it is you're about to do next. It's going to be a nail-biter, and we really need to see donations from this specific ask coming in strong if we're going to get there.

payment methods

WE'LL BE BLUNT.

We have a considerable $390,000 gap in our online fundraising budget that we have to close by June 30. There is no wiggle room, we've already cut everything we can, and we urgently need more readers to pitch in—especially from this specific blurb you're reading right now.

We'll also be quite transparent and level-headed with you about this.

In "News Never Pays," our fearless CEO, Monika Bauerlein, connects the dots on several concerning media trends that, taken together, expose the fallacy behind the tragic state of journalism right now: That the marketplace will take care of providing the free and independent press citizens in a democracy need, and the Next New Thing to invest millions in will fix the problem. Bottom line: Journalism that serves the people needs the support of the people. That's the Next New Thing.

And it's what MoJo and our community of readers have been doing for 47 years now.

But staying afloat is harder than ever.

In "This Is Not a Crisis. It's The New Normal," we explain, as matter-of-factly as we can, what exactly our finances look like, why this moment is particularly urgent, and how we can best communicate that without screaming OMG PLEASE HELP over and over. We also touch on our history and how our nonprofit model makes Mother Jones different than most of the news out there: Letting us go deep, focus on underreported beats, and bring unique perspectives to the day's news.

You're here for reporting like that, not fundraising, but one cannot exist without the other, and it's vitally important that we hit our intimidating $390,000 number in online donations by June 30.

And we hope you might consider pitching in before moving on to whatever it is you're about to do next. It's going to be a nail-biter, and we really need to see donations from this specific ask coming in strong if we're going to get there.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate