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‘Baby Steps’ within the Fight Against Facility Fees

Dan Weissmann

An $88 “observation room” charge for a checkup didn’t sit proper with Kari Greene, an “Arm and a Leg” listener from Oregon. When the worth went as much as $99 the following 12 months, Kari complained to her advantages consultant, who thought it was bizarre, too — however couldn’t do something about it.

In states like Connecticut and Indiana, legislators have handed payments proscribing these so-called “facility fees.”

In this episode of “An Arm and a Leg,” host Dan Weissmann takes an in depth have a look at Kari’s invoice, alongside Christine Monahan, an legal professional and assistant analysis professor targeted on facility charges and state efforts to restrict them.

Dan Weissmann


@danweissmann

Host and producer of “An Arm and a Leg.” Previously, Dan was a employees reporter for Marketplace and Chicago’s WBEZ. His work additionally seems on All Things Considered, Marketplace, the BBC, 99 Percent Invisible, and Reveal, from the Center for Investigative Reporting.

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Transcript: ‘Baby Steps’ within the Fight Against Facility Fees

Note: “An Arm and a Leg” makes use of speech-recognition software program to generate transcripts, which can comprise errors. Please use the transcript as a device however examine the corresponding audio earlier than quoting the podcast.

Dan: Hey there– 

Kari Greene lives in Portland. She’s received a few auto-immune problems– principally beneath management as of late. She sees her rheumatologist a pair instances a 12 months — simply to examine in. 

And final 12 months she observed a cost on high of the $40 copay she was used to. 

$88 for an “observation room fee.” 

She says she referred to as her insurance coverage. 

Kari Greene: And the individual I spoke with was like, this appears bizarre. 

Dan: She says they promised to analyze, however Kari by no means heard again. Eventually, she paid the invoice and moved on along with her life. 

After Kari’s appointment in the beginning of this 12 months, the charge was there once more. But as a substitute of $88, now it was $99. Kari was pissed. She nonetheless is. 

Kari Greene: I’m like, how? How dare you? it’s such a slap within the face the place you’re like, I already paid my copay 

Dan: Now they need 100 bucks on high of that. For no cause Kari can see. And Kari’s fairly positive it’s not simply her. 

Kari Greene: That’s the half that galls me it’s like, there’s this Scrooge McDuck again there going, Oh, we’ve received this physician who works her little tushy off and he or she sees, 5 sufferers an hour. 

And, we will add this cost on to each single one among these workplace visits. 

Dan: Kari’s positively proper that this isn’t simply her. We haven’t discovered Scrooge McDuck and his swimming pool filled with forex — but. 

But researchers and advocates have been speaking for years about these varieties of additional expenses — referred to as “facility fees.” 

They can get tacked onto workplace visits by hospitals, when the hospital owns the physician’s workplace. 

And with hospitals shopping for increasingly more medical doctors’ workplaces, these researchers say these charges preserve popping up increasingly more typically. 

So we requested: Would anyone who had gotten a invoice for one please share it with us? Kari was one among a bunch of people that responded. 

And took time to speak with us. 

Teresa: oh, it made me so mad, so mad. 

Anne Gaffney: I imply, it’s a ten minute appointment for a prescription. Amanda: I don’t perceive any of it. 

the place did this quantity come from? 

Dan: We dug a bit deeper with Kari’s story, partly as a result of it match so carefully with what we’d been listening to about: A charge that wasn’t there one 12 months, and the following it was. For a short workplace go to — Kari thinks perhaps ten minutes– in a standard setting. 

Kari Greene: It’s a daily physician’s workplace room. it’s received the little mattress with the paper on it, you realize. And it’s received the like blood strain cuff factor on the wall, there’s nothing that makes it particular, 

Dan: Except, when it comes time to invoice, for the truth that a hospital owns it. 

And our first query, in fact, was: Can they actually freaking DO that?!? How is that even allowed? 

The “how” is lengthy and complex and truthfully boring. But by and enormous, it’s authorized. They can do this. 

Except, so far as we will inform — for probably the most half — in just a few states. Especially Connecticut.

Legislators and policy-makers there have been engaged on this situation for a decade. And little by little, they’ve labored to outlaw expenses like those on Kari’s payments. 

And different states have began engaged on following Connecticut’s lead. We talked with somebody who’s been monitoring these efforts. 

Christine Monahan: My identify is Christine Monahan. I’m an assistant analysis professor on the Center on Health Insurance Reforms, which is a part of Georgetown University’s McCourt School of Public Policy. 

Dan: Christine and her colleagues issued a report over the summer season efforts to limit facility charges like these throughout all fifty states. 

And she has some excellent news: 

Christine Monahan: there’s bipartisan curiosity on this situation. We are seeing these reforms bubble up throughout the states. 

Dan: The less-good information: It may take different states numerous years to catch up. And they’re hitting opposition each step of the way in which. 

We’ll have a progress report. But first we’ll go deeper with Kari’s story, which seems to have a twist. 

This is An Arm and a Leg, a present about why well being care prices so freaking a lot, and what we will perhaps do about it. I’m Dan Weissmann. I’m a reporter, and I like a problem. So the job we’ve chosen right here is to take probably the most enraging, terrifying, miserable elements of American life, and convey you a present that’s entertaining, empowering, and helpful. 

Kari’s in her mid-fifties, works in public well being. For a very long time, she’d had issues that no physician ever discovered a trigger for: Joint ache, migraines, fatigue. 

Then in 2020, she received COVID, and issues took a flip. Weird sores. She says her fingers swelled up like sausages. 

Kari Greene: when these like Sores had been displaying up and like I couldn’t transfer my palms and so they had been tremendous fats that was at the least one thing that I might be like, see, it’s not simply the joint ache. It’s not simply the fatigue. It’s not simply the migraines. It’s not simply the, like, have a look at my hand. This shouldn’t be regular. Right. 

Dan: Friends helped her discover her rheumatologist. 

Kari Greene: She was ready to determine what was happening. And, she’s, I, I imply, I’ll get weepy speaking about her as a result of she is simply, rheumatologists are like detective medical doctors, you realize, they’re superb diagnosticians, they’re unbelievable listeners 

Dan: After a bunch of listening, a bunch of labs, this physician received Kari a prognosis — diagnoses — and a few meds that assist loads. So, Kari is fairly dedicated to this physician. 

Kari Greene: Anytime I contemplate switching, you realize, when open enrollment comes round, I’m like, Okay, I see that I may spend loads much less cash on a distinct plan, however there’s no means I’m giving her up. 

Dan: These additional charges aren’t sufficient to ship her away both. But Kari is doing what she will be able to to keep away from expenses like this with one other specialist she sees. 

Kari Greene: My, my neurologist is in the identical constructing and final 12 months he was like, we will change to telehealth. You don’t have to return in. 

Dan: But Kari says the rheumatology seek the advice of is totally different. More hands-on. 

Kari Greene: Rheumatologists actually need to have the ability to contact your joints and manipulate. To be capable of, see, illness development and even simply be capable of do, like, diagnostics. 

Dan: So Kari’s again at that workplace each six months, paying that additional charge. 

She says she’s fortunate it’s extra of an annoyance than an actual monetary hardship for her, however when she’s within the ready room, she worries in regards to the people she sees there.

Kari Greene: these usually are not younger, wholesome people who find themselves like out within the workforce, like simply stay of their greatest lives. 

Dan: After her January go to this 12 months, when the “observation room fee” went up from $88 to $99, Kari referred to as her insurance coverage once more, looped in the advantages individual from her work. 

The upshot: The insurer didn’t have an issue with the cost. They mentioned the hospital had the best to invoice for it. 

Kari Greene: But simply because you have got the best to do it, does that imply you need to be capable of do it? 

Dan: And truly, right here’s the factor: Maybe the hospital DIDN’T have the best to do it, both. 

Christine Monahan — the Georgetown researcher who’s been monitoring efforts to clamp down on these sorts of charges? 

She’s additionally an legal professional — and he or she’s a bulldog. She helped us actually dig into Kari’s payments and insurance coverage paperwork. We waded deep into the alphabet soup. 

Christine Monahan: She has a um, E/M CPT code on her EOB. Hospital’s billing a G 0 4 6 3 

Dan: I’ll spare you extra of that. But right here’s the place Christine patiently led us: Based on written insurance policies from Kari’s insurance coverage firm, Christine thinks Kari in all probability by no means ought to have gotten charged for something past that 40 greenback copay. 

Christine Monahan: I feel there’s an excellent argument to type of query why she ought to be paying extra 

Dan: Mmhmm. Dang. 

Dan: Now, our producer Emily Pisacreta was on the decision with Christine too — to assist be sure that I didn’t get misplaced.

And then it was time for Emily and me to check how nicely we’d adopted Christine by that sturdy argument: By summing it up and operating it by Kari’s insurance coverage firm and the hospital. 

We went again to paperwork Christine had dug up. 

Emily: This is… 

Dan: This is the, uh, that is the reimbursement coverage handbook. 

Emily: The reimbursement coverage handbook. 

Dan: YEP. That one. It’s a bit from the insurer’s REIMBURSEMENT POLICY MANUAL– which spells out what they do and don’t pay for. 

Christine had grabbed coverage quantity 0h-Six-one: Clinic Services within the Outpatient Setting. Like Kari’s physician’s workplace. 

And it turned out to inform mainly the entire story. Emily and I received excited, speaking over one another. 

Dan: Now that we’re it. 

Emily: And they’re like not allowed to this. 

Dan: I imply, like I received confused even speaking by it with Christine, however this appears crystal clear. They’re like not allowed to do that. 

Emily: Mmhmm. 

Dan: Here’s what it says: 

“For clinic visits and services performed in the hospital outpatient setting, we do not allow split-billing” 

And a pair sentences down that will get spelled out much more clearly: 

“Do not split-bill clinic-based services, billing part of the service as a facility charge, and part of the service as a professional charge”

That positive seems prefer it means: Don’t double-dip with an expert cost– a invoice for the physician’s service — AND a facility charge. 

We reached out to Kari’s insurance coverage firm and the hospital that despatched the payments. Asking them: Are we lacking one thing right here? 

We haven’t heard again. 

Which leads me to suppose someone might owe Kari some type of refund. Which feels very satisfying to know. But it’s not precisely passable. 

Because as Christine mentioned after we talked along with her: This shouldn’t be the kind of factor a daily individual might be anticipated to run down, on their very own time. 

Christine Monahan: Most shoppers usually are not going to know to search for the reimbursement coverage. 

Dan: Or how you can interpret it. I imply, Emily and I have a look at this child of stuff as a part of our jobs. We’re not model new at it. But even with Christine main us each step of the way in which, it took us a while to observe all of it. 

Christine Monahan: I feel it, actually simply highlights how opaque all of that is and there could be some insurers that aren’t paying these facility charges, or at the least that say on paper that they aren’t going to, however it’s a complete mishmash of various insurance policies and so they’re not at all times adopted. And the buyer is absolutely left at midnight. 

Dan: Which is why legislators in states from Connecticut to Colorado have began saying: Hey, perhaps this shouldn’t be a struggle that particular person folks should get into. 

Maybe there ought to be RULES about charges like this. 

Maybe there ought to be guidelines in opposition to them. 

That’s subsequent. 

This episode of An Arm and a Leg is a co-production of Public Road Productions and KFF Health News. That’s a nationwide newsroom that produces in-depth journalism about well being points. Their reporters do unbelievable work, and I’m honored to work with them. 

Before we begin speaking about efforts to control facility charges, we needed to listen to the case FOR them. We requested the American Hospital Association to make that case. 

They despatched us a press release from Molly Smith, their group vp for coverage, and he or she recorded it as a voice memo. Here’s the majority of it: 

Molly Smith: The price of care delivered in hospitals and well being programs and any related websites of care operated by the hospital takes under consideration the numerous distinctive providers that solely they supply to their communities. This consists of the price of sustaining standby capability for traumatic occasions and delivering 24/7 care to all who come by the emergency division, no matter means to pay or insurance coverage standing. 

They present entry to crucial healthcare providers that is probably not in any other case out there, particularly in low earnings, rural, and different medically underserved communities. Hospital services additionally deal with sufferers who’re sicker and have extra continual situations than non hospital services, which requires a higher use of sources. 

In addition, hospital services should adjust to a way more complete scope of licensing, accreditation, and different regulatory necessities than do different websites of care. Facility charges are a method that hospitals might invoice for overhead prices to keep up all the important providers they supply to their sufferers and communities 

Dan: Molly Smith additionally takes an extended swipe at insurers, together with Medicare, for not paying sufficient. 

And I feel it’s truthful to sum this up as: Operating a hospital is pricey. Facility charges are a method we attempt to get cash to fulfill these bills. 

Which, in response to Christine Monahan from Georgetown, is what hospitals inform state legislators when facility-fee rules get proposed. 

Christine Monahan: Hospitals will are available and inform horror tales about how devastating it is going to be to their funds if we had been to do even the itsy bitsiest of reforms, and it may be arduous for advocates and coverage makers to go in and reality examine these statements by the hospitals.

An Arm and a Leg Season 12, Episode 4 September 26, 2024 p.9 

Dan: Because they don’t have the info. Hospitals have it, however there’s loads they’re not required to share. 

Christine Monahan: The hospitals proceed to have all of that data type of in a black field about like precisely how a lot income are they getting, the place are the power charge revenues going, how a lot are going to earnings, how a lot are going to price, and if that’s the case, what are the prices, 

Dan: That’s a LOT of unknowns. 

Christine Monahan: It might be scary to policymakers when a hospital business is available in and says, that is going to smash us and so they don’t have the info to return again and say, nicely, no, it actually received’t. Even if they could be very skeptical that that what the hospitals are saying is correct. 

Dan: Mm. That is tremendous attention-grabbing. There’s like this data asymmetry. 

Christine Monahan: Yes. Yeah, we’ve been calling it an data monopoly . 

Dan: Look, right here’s only one instance: How typically are hospitals charging facility charges for visits to medical doctors workplaces? Like precise workplaces that aren’t wherever close to the hospital, however that the hospital now owns? 

Where may you discover that out, in the event you had been a state official? Well, numerous states have databases with all insurance coverage claims that received paid. Maybe you possibly can have a look at insurance coverage claims that included facility charges. 

But how would you realize the place a specific appointment occurred? The declare has a supplier quantity. But a hospital doesn’t have to make use of a brand new supplier quantity for each location, each physician’s workplace. 

Christine Monahan: Often they are going to be utilizing a single identifier quantity for all their claims, or perhaps a single well being system might need a handful of identifier numbers. And they’ll put these identifier numbers on the claims varieties. And they could use the identical identifier for in the event you’re on the hospital, or in the event you’re out 20 miles away in a doctor’s apply that they’ve just lately acquired.

Dan: So to begin with, policy-makers might haven’t any means of figuring out the place these charges are even being charged. 

So when Connecticut began passing legal guidelines in 2014, the primary ones had been actually nearly data. Requiring hospitals to publish indicators about them. And commissioning a research. 

The subsequent 12 months, Connecticut handed a a lot greater invoice. It prohibited numerous facility charges for normal workplace visits — what’s referred to as “evaluation and management” providers on insurance coverage varieties. And required hospitals to make annual studies on facility charges. 

And in a separate legislation, Connecticut banned facility charges for telehealth. That’s a step Christine says numerous different states have adopted. 

Christine Monahan: I imply, how egregious is it to get a facility cost for a telehealth go to the place you didn’t go away your own home? 

Um, that simply doesn’t make any sense. And in order that’s very easy pickings so far as hospital reforms go for regulated policymakers to have a look at and say, this, this doesn’t make sense 

Dan: Since then, Connecticut has handed a dozen extra legal guidelines– requiring new disclosures right here, tightening loopholes there. 

And the state nonetheless might not have closed all of them. We heard from a listener in Connecticut who was making an attempt — and failing — to discover a place he may get a stress check that wouldn’t cost him a facility charge. 

But even when extra loopholes get closed, there’s an issue. One economist we talked with mentioned: Outlawing charges like this, it’s like squeezing a part of a balloon. Other elements of it simply get greater. 

Christine Monahan agreed. 

Christine Monahan: hospitals, significantly these with extra market energy, are greatest capable of then, you realize, shift their income some other place. If you say you’ll be able to’t impose a facility charge for XYZ providers, okay, we’re going to begin imposing facility charges on these different providers, or perhaps we’re simply going to extend charges general. And so it could not essentially comprise complete system prices due to the balloon impact.

Dan: the, if I’m operating a hospital, I’m like, nicely, my prices are this. Like, I’m gonna like, my, my, my, my income aim is that this. Like, you’re telling me I can’t cost that. What else can I cost? How else am I gonna get that cash? 

Christine Monahan: Yeah. 

Dan: And as Christine alluded to in that change: not all hospitals are created equal. Some are large and wealthy, operating surpluses — earnings — within the a whole lot of hundreds of thousands of {dollars} a 12 months. Others — smaller hospitals, rural hospitals — battle to maintain their doorways open. Some do shut yearly. 

Christine and her colleagues discovered, the large ones can use their poorer counterparts as political shields. 

Christine Monahan: We spoke with just a few hospital executives as a part of our analysis final 12 months. And, you realize, one hospital govt we spoke with, he, represents type of a smaller, much less market highly effective hospital, and he expressly acknowledged they carry the water for different hospitals of their state earlier than the state legislature. 

Dan: So, when a state like Indiana handed restrictions on facility charges in 2023, the legislation solely utilized to the state’s largest hospitals. 

Indiana’s story illustrates Christine’s level that this isn’t a partisan situation — the place Democrats maintain majorities in Connecticut, Indiana is solidly Republican. The Employers Forum of Indiana has led the cost there. 

Their story additionally illustrates Christine’s level that change occurs slowly. 

Gloria Sachdev is govt director of the Employers Forum of Indiana. When she began the job in 2015, she went round to fulfill with employers.. 

Gloria Sachdev: I requested them, what’s your largest ache level? And all of them mentioned, healthcare prices, they’re not sustainable. They’ve been going up, you realize, 4 or 5, six, seven, 8 % yearly. 

Dan: The group spent years conducting research. Among their finidngs: Indiana hospitals charged greater than hospitals in different states. And greater than unbiased medical practices that supplied among the identical providers. Oh, additionally: Hospitals had been shopping for up these practices, and jacking up costs.

Gloria Sachdev: And nothing was altering in regards to the service. It was simply that they owned it now and had been capable of tack on a hospital facility charge. 

Dan: In 2020, the Employers Forum began lobbying for modifications. Restricting facility charges was one among a number of points. And it received perhaps probably the most pushback. 

Gloria Sachdev: the Indiana Hospital Association was pretty masterful at, uh, bringing ahead Physicians from all throughout the state, that they had faculty nurses displaying up. 

Dan: School nurses who had been employed by native hospitals. 

Gloria Sachdev: They mentioned, Oh my gosh, you realize, the, we’d should shut down the college nurse program. 

Dan: The Employers Forum misplaced that spherical. Getting a win took three years. And the invoice that handed was narrowly tailor-made. It wouldn’t apply to smaller, financial-strapped hospitals: Just the state’s 5 largest hospital programs. And it solely utilized to “off-campus” areas — like a medical doctors workplace the hospital simply occurred to personal. 

Gloria Sachdev: So in the event that they’re in a strip mall, you realize, 20 miles away. They can’t cost a hospital facility charge. 

Dan: According to this 12 months’s report from Christine Monahan’s staff at Georgetown, Indiana is now one among 9 states with some restrictions on facility charges. 

Another dozen states have handed different legal guidelines, together with ones that require hospitals to reveal information. Data which will assist advocates and policy-makers chip away on the data monopoly– the one which Christine calls an impediment to vary. 

Christine Monahan: we’re making child steps, um, in a really tough surroundings. And so I rely that as progress. 

Dan: We’ll have hyperlinks to Christine Monahan’s studies in our e-newsletter. You can examine to see what steps your state has taken to this point. We’ll additionally hyperlink to studies on facility charges from the Public Interest Research group, which has additionally been pushing for reforms. 

We’ll additionally spotlight another tales we’re watching proper now. I’m telling you: Our e-newsletter is fairly good. You would possibly wish to join! You can do this at arm and a leg present dot com, slash, newsletters. 

Thank you for sharing your tales, and your payments, with us for this sequence. We’ve discovered extra from you than we’ve been capable of share to this point. We’ll preserve in search of methods to convey that to you. 

We’ll have a brand new episode for you in just a few weeks proper right here. 

Till then, deal with your self. 

This episode of An Arm and a Leg was produced by me, Dan Weissmann, with assist from Emily Pisacreta and Claire Davenport — and edited by Ellen Weiss. 

Big due to the numerous specialists who talked with us about facility charges, particularly Patricia Kelmar of the Public Interest Research Group and medical-bill coding knowledgeable Shelley Safian. 

Adam Raymonda is our audio wizard. Our music is by Dave Weiner and Blue Dot Sessions. Gabrielle Healy is our managing editor for viewers. Bea Bosco is our consulting director of operations. 

Sarah Ballama, who has been our operations supervisor since early 2022, simply left to take a really cool full-time job in one other state. Sarah, we’ll miss you a lot! 

Lucky for us, the superb Lynne Johnson has come aboard to run the operations facet for us. Welcome, Lynne! And thanks a lot for becoming a member of us. 

An Arm and a Leg is produced in partnership with KFF Health News. That’s a nationwide newsroom producing in-depth journalism about healthcare in America and a core program at KFF, an unbiased supply of well being coverage analysis, polling, and journalism. 

Zach Dyer is senior audio producer at KFF Health News. He’s editorial liaison to this present.

And due to the Institute for Nonprofit News for serving as our fiscal sponsor. They enable us to simply accept tax-exempt donations. You can study extra about INN at INN.org. 

Finally, thanks to all people who helps this present financially. You can take part any time at arm and a leg present, dot com https://armandalegshow.com/support/. Thank you a lot for pitching in in the event you can — and, thanks for listening.

“An Arm and a Leg” is a co-production of KFF Health News and Public Road Productions.

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