Las Vegas Review-Journal

Feds move to rein in prior authorizat­ion, a system that harms and frustrates patients

- By Lauren Sausser

When Paula Chestnut needed hip replacemen­t surgerylas­t year, apre-operative X-ray found irregulari­ties in her chest. ¶ As a smoker for 40 years, Chestnut was at high risk for lung cancer. A specialist in Los Angeles recommende­d the 67-yearold undergo an MRI, a high-resolution image that could help spot the disease. ¶ But her MRI appointmen­t kept getting canceled, Chestnut’s son, Jaron Roux, told KHN. First, it was scheduled at the wrong hospital. Next, the provider wasn’t available. The ultimate roadblock she faced, Roux said, arrived when Chestnut’s health insurer deemed the MRI medically unnecessar­y and would not authorize the visit. ¶ “On at least four or five occasions, she called me up, hysterical,” Roux said. ¶ Months later, Chestnut, struggling to breathe, was rushed to the emergency room. A tumor in her chest had become so large that it was pressing against her windpipe. Doctors started a regimen of chemothera­py, but it was too late. Despite treatment, she died in the hospital within six weeks of being admitted.

Though Roux doesn’t fully blame the health insurer for his mother’s death, “it was a contributi­ng factor,” he said. “It limited her options.”

Few aspects of the American health care system infuriate patients and doctors more than prior authorizat­ion, a common tool whose use by insurers has exploded in recent years.

Prior authorizat­ion, or pre-certificat­ion, was designed decades ago to prevent doctors from ordering expensive tests or procedures that are not indicated or needed, with the aim of delivering cost-effective care.

Originally focused on the costliest types of care, such as cancer treatment, insurers now commonly require prior authorizat­ion for many mundane medical encounters, including basic imaging and prescripti­on refills. In a 2021 survey conducted by the American Medical Associatio­n, 40% of physicians said they had staffers who worked exclusivel­y on prior authorizat­ion.

So today, instead of providing a guardrail against useless, expensive treatment, pr e - a ut hor ization prevents patients from getting the vital care they need, researcher­s and doctors say.

“The prior authorizat­ion system should be completely done away with in physicians’ offices,” said Dr. Shikha Jain, a Chicago hematologi­st-oncologist. “It’s really devastatin­g, these unnecessar­y delays.”

In December, the federal government proposed several changes that would force health plans, including Medicaid, Medicare Advantage and federal Affordable Care Act marketplac­e plans, to speed prior authorizat­ion decisions and provide more informatio­n about the reasons for denials. Starting in 2026, it would require plans to respond to a standard prior authorizat­ion request within seven days, typically, instead of the current 14, and within 72 hours for urgent requests.

Although groups like AHIP, an industry trade group formerly called America’s Health Insurance Plans, and the American Medical Associatio­n, which represents more than 250,000 physicians in the United States, have expressed support for the proposed changes, some doctors feel they don’t go far enough.

“Seven days is still way too long,” said Dr. Julie Kanter, a hematologi­st in Birmingham, Ala., whose sickle cell patients can’t delay care when they arrive at the hospital showing signs of stroke. “We need to move very quickly. We have to make decisions.”

Meanwhile, some states have passed their own laws governing the process. In Oregon, for example, health insurers must respond to nonemergen­cy prior authorizat­ion requests within two business days. In Michigan, insurers must report annual prior authorizat­ion data, including the number of requests denied and appeals received. Other states have adopted or are considerin­g similar legislatio­n, while in many places insurers regularly take four to six weeks for non-urgent appeals.

Waiting for health insurers to authorize care comes with consequenc­es for patients, various studies show. It has led to delays in cancer care in Pennsylvan­ia, meant sick children in Colorado were more likely to be hospitaliz­ed, and blocked low-income patients across the country from getting treatment for opioid addiction.

In some cases, care has been denied and never obtained. In others, prior authorizat­ion proved a potent but indirect deterrent, as few patients have the fortitude, time or resources to navigate what can be a labyrinthi­ne process of denials and appeals. They simply gave up, because fighting denials often requires patients to spend hours on the phone and computer to submit multiple forms.

Erin Conlisk, a social science researcher for the University of California-riverside, estimated she spent dozens of hours last summer trying to obtain prior authorizat­ion for a 6-mile roundtrip ambulance ride to get her mother to a clinic in San Diego.

Her 81-year-old mother has rheumatoid arthritis and has had trouble sitting up, walking or standing without help after she damaged a tendon in her pelvis last year.

Conlisk thought her mom’s case was clear-cut, especially since they had successful­ly scheduled an ambulance transport a few weeks earlier to the same clinic. But the ambulance didn’t show on the day Conlisk was told it would. No one notified them the ride hadn’t been pre-authorized.

The time it takes to juggle a prior authorizat­ion request can also perpetuate racial disparitie­s and disproport­ionately affect those with lower-paying, hourly jobs, said Dr. Kathleen Mcmanus, a physician-scientist at the University of Virginia.

“When people ask for an example of structural racism in medicine, this is one that I give them,” Mcmanus said. “It’s baked into the system.”

Research that Mcmanus and her colleagues published in 2020 found that federal Affordable Care Act marketplac­e insurance plans in the South were 16 times more likely to require prior authorizat­ion for HIV prevention drugs than those in the Northeast. The reason for these regional disparitie­s is unknown. But she said that because more than half the nation’s Black population lives in the South, they’d be the patients more likely to face this barrier.

Many of the denied claims are reversed if a patient appeals, according to the federal government. New data specific to Medicare Advantage plans found 82% of appeals resulted in fully or partially overturnin­g the initial prior authorizat­ion denial, according to the Kaiser Family Foundation.

It’s not just patients who are confused and frustrated by the process. Doctors said they found the system convoluted and time-consuming and felt as if their expertise was being challenged.

“I lose hours of time that I really don’t have to argue … with someone who doesn’t even really know what I’m talking about,” said Kanter, the hematologi­st in Birmingham. “The people who are making these decisions are rarely in your field of medicine.”

Occasional­ly, she said, it’s more efficient to send patients to the emergency room than it is to negotiate with their insurance plan to pre-authorize imaging or tests. But emergency care costs both the insurer and the patient more.

“It’s a terrible system,” she said.

A Kaiser analysis of 2021 claims data found that 9% of all in-network denials by Affordable Care Act plans on the federal exchange, healthcare.gov, were attributed to lack of prior authorizat­ion or referrals, but some companies are more likely to deny a claim for these reasons than others. In Texas, for example, the analysis found 22% of all denials made by Blue Cross and Blue Shield of Texas and 24% of all denials made by Celtic Insurance Co. were based on lack of prior authorizat­ion.

Facing scrutiny, some insurers are revising their prior authorizat­ion policies. Unitedheal­thcare has cut the number of prior authorizat­ions in half in recent years by eliminatin­g the need for patients to obtain permission for some diagnostic procedures, like MRIS and CT scans, said company spokespers­on Heather Soules. Health insurers have also adopted artificial intelligen­ce technology to speed up prior authorizat­ion decisions.

Meanwhile, most patients have no means of avoiding the burdensome process that has become a defining feature of American health care. But even those who have the time and energy to fight back may not get the outcome they hoped for.

When the ambulance never showed in July, Conlisk and her mother’s caregiver decided to drive the patient to the clinic in the caregiver’s car.

“She almost fell outside the office,” said Conlisk, who needed the assistance of five bystanders to move her mother safely into the clinic.

When her mother needed an ambulance for another appointmen­t in September, Conlisk vowed to spend only one hour a day, for two weeks leading up to the clinic visit, working to get prior authorizat­ion. Her efforts were unsuccessf­ul. Once again, her mother’s caregiver drove her to the clinic himself.

Doctors said they found the system convoluted and time-consuming and felt as if their expertise was being challenged.

 ?? KHN ILLUSTRATI­ON / GETTY IMAGES ??
KHN ILLUSTRATI­ON / GETTY IMAGES

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