Abstract

IntroductionUnder regulations established by the Affordable Care Act, insurance plans must meet minimum standards in order to be sold through the federal Marketplace. These standards to become a qualified health plan (QHP) include maintaining a provider network sufficient to assure access to services. However, the complexity of emergency physician (EP) employment practices – in which the EPs frequently serve as independent contractors of emergency departments, independently establish insurance contracts, etc… – and regulations governing insurance repayment may hinder the application of network adequacy standards to emergency medicine. As such, we hypothesized the existence of QHPs without in-network access to EPs. The objective is to identify whether there are QHPs without in-network access to EPs using information available through the federal Marketplace and publicly available provider directories.ResultsIn a national sample of Marketplace plans, we found that one in five provider networks lacks identifiable in-network EPs. QHPs lacking EPs spanned nearly half (44%) of the 34 states using the federal Marketplace.ConclusionOur data suggest that the present regulatory framework governing network adequacy is not generalizable to emergency care, representing a missed opportunity to protect patient access to in-network physicians. These findings and the current regulations governing insurance payment to EPs dis-incentivize the creation of adequate physician networks, incentivize the practice of balance billing, and shift the cost burden to patients.

Highlights

  • Under regulations established by the Affordable Care Act, insurance plans must meet minimum standards in order to be sold through the federal Marketplace

  • qualified health plan (QHP) lacking emergency physician (EP) spanned nearly half (44%) of the 34 states using the federal Marketplace

  • Our data suggest that the present regulatory framework governing network adequacy is not generalizable to emergency care, representing a missed opportunity to protect patient access to in-network physicians

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Summary

Introduction

Under regulations established by the Affordable Care Act, insurance plans must meet minimum standards in order to be sold through the federal Marketplace These standards to become a qualified health plan (QHP) include maintaining a provider network sufficient to assure access to services. The Affordable Care Act (ACA) attempted to eliminate that practice and standardize those out-of-pocket costs by prohibiting insurance companies from imposing higher cost-sharing at out-of-network EDs than what is required at in-network EDs.[2] Recently, the issue of high-cost emergency care and “surprise medical bills” have re-emerged as a result of “balance billing,” where patients are billed by Access to In-Network Emergency Physicians out-of-network emergency physicians (EPs) at in-network facilities.[3] The outcry against this practice has prompted states to evaluate means to improve consumer protections, including bans on balance billing

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