Pediatrix Medical Group Comments on No Surprises Act Final Rule
The final rule states that a qualifying payment amount (QPA), described as a calculation of a median in-network rate, is only one of multiple inputs to be considered by the arbitrators in the independent dispute resolution (IDR) process by which out-of-network providers and insurers are required to arbitrate payment rates, and that the very important non-QPA factors must also be considered by the arbitrators. These factors are:
1) The level of training, experience, and quality and outcomes measurements of the provider or facility that furnished the qualified IDR item or service (such as those endorsed by the consensus-based entity authorized in section 1890 of the Social Security Act).
2) The market share held by the provider or facility or that of the plan or issuer in the geographic region in which the qualified IDR item or service was provided.
3) The acuity of the participant, beneficiary, or enrollee who received the qualified IDR item or service, or the complexity of furnishing the qualified IDR item or service to the participant, beneficiary, or enrollee.
4) The teaching status, case mix, and scope of services of the facility that furnished the qualified IDR item or service, if applicable.
5) Demonstration of good faith efforts (or lack thereof) made by the provider or facility or the plan or issuer to enter into network agreements with each other, and, if applicable, contracted rates between the provider or facility and the plan or issuer during the previous four plan years.
These factors, which were part of the bipartisan legislation, are important to Pediatrix, as the nation’s leading provider of very high-acuity and broad-based care to mothers, babies and children.
The Company also believes that the Departments should have explicitly prescribed the proper calculation of the QPA since the Departments are aware of improprieties by payors that can be used to manipulate the QPA, as evidenced by the many examples cited in the rule. Fortunately, in several parts of the rule, including the more detailed “Frequently Asked Questions,” the Departments shine a bright light on potential payor manipulation and provide language to safeguard against misuse.
Pediatrix intends to do everything necessary to make certain that payors do not violate the rules that were just released. Such violations could put at risk the very necessary continuity of care for mothers, babies and children at their most vulnerable hours, days and weeks.
Finally, Pediatrix is pleased that the Departments intend future rules, which the Company expects will provide more clarity and better protection for the doctor-patient relationship.
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Senior Vice President, Finance and Strategy
954-384-0175, x 5692
charles.lynch@pediatrix.com
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