Biden admin orders an end to surprise billing

But without legal reform, the next president could reverse it.

Cory Doctorow
5 min readJul 2, 2021

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An emergency room entrance with a guillotine out front of it.

Of all the dysfunctions of the famously cursed US healthcare system, few are so obviously a total scam as “surprise billing.” Here’s how that works: you go to a hospital (often its ER) that is covered by your insurer, and then, despite this, you get a giant bill. Surprise!

How can a hospital covered by your insurer hit you — and not your insurer — with a bill? Simple. A private equity company has convinced each of the medical professionals you interact with to secede from the hospital’s payroll and form an LLC.

The hospital contracts with your anesthesiologist’s LLC, your trauma surgeon’s LLC, the radiologist’s LLC — sometimes the WHOLE ER is amputated from the hospital and then grafted back on in LLC form, under contract to the hospital as a standalone independent business.

Your insurer has a deal with the hospital, but all of these artificial persons that have been Frankensteined together by private equity have no deal with your insurer. What’s more, they can charge many multiples of the “negotiated rate” for your care and bill you for it.

So after the ambulance brings you, bleeding and unconscious to the hospital and you wake up and ascertain that they lucked…

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