Attorney General Keith Ellison announced that his office is taking several actions related to medical billing.
08/22/2023 9:40 A.M.
3 minute read
Minnesota Attorney General Keith Ellison announced several new steps his office is taking in its focus on medical billing practices in Minnesota.
“The high cost of health care in Minnesota and across the country makes it tough enough to afford your life. Medical billing practices that are aggressive, abusive, or deceptive also make it hard to live with the dignity, safety and respect that everyone is entitled to,” Ellison said in an Aug. 18 press release. “The Minnesota Attorney General’s Office has long been concerned with medical billing and has acted for years to protect Minnesotans from abusive and deceptive practices. With recent reports in the media and from consumers that problems continue, we’re taking several steps to renew our focus on this longstanding concern.”
Ellison’s office is investigating the billing practices of Allina Health, prompted in part by a June 1, 2023, New York Times article reporting that Allina cut off non-emergency medical care to patients who owed medical debt. On June 9, 2023, Allina announced it would “pause” its Termination of Care Policy.
“I continue to be concerned about reports of Allina denying needed non-emergency medical care solely on the basis of medical debt,” Ellison said. “Allina is bound under the Hospital Agreement to refrain from oppressive billing practices and provide charity care when patients need and qualify for it, as all Minnesota hospitals are. Denying patients needed care on the basis of medical debt harms every Minnesotan, whether or not they are Allina patients. My office has heard from a good number of Allina patients who have shared their own upsetting stories of being denied care for this reason. I continue to encourage people who have experienced or are familiar with these practices to keep contacting my office so we can determine the scope of the problem and whether any laws or agreements have been broken.”
ACA members can read more about the Minnesota Hospital Agreement in this ACA SearchPoint document, State Hospital Billing and Collection Practices.
Ellison’s office will also hold in-person listening sessions for consumers to share their experiences with medical billing. Minnesota consumers who are unable to attend may submit their experiences with medical billing online.
Federal officials are also looking at provider billing.
For example, legislation introduced in the Senate targets communications with consumers from health care providers about any medical debt owed as well as transparency on their medical debt practices, ACA International previously reported.
The Strengthening Consumer Protections and Medical Debt Transparency Act (PDF), sponsored by U.S. Sens. Chris Murphy, D-Conn., and Mike Braun, R-Ind., would also mandate the U.S. Department of Health and Human Services (HHS) to create a public database to record information from health care providers about their debt collection practices, according to a news release.
Similar legislation has been introduced in past legislative sessions. It appears to build on requirements in Section 501(r) of the Affordable Care Act, including making reasonable efforts to determine if a patient is eligible for financial assistance before conducting collection actions and providing written notice of financial assistance policies as well as collection actions, according to the Internal Revenue Service.
ACA supports the intent of the bill to improve any deficiencies in providers’ processes related to ensuring charity care is properly identified and that the payor’s responsibilities are properly recorded, but has concerns regarding draconian consequences that could negatively impact provider finances for rare mistakes.
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