BCBS Arizona is sneaking in a new Arizona bill (H.B. 2211) after losing a significant number of federal IDR arbitrations under the No Surprises Act. The bill would make it “unprofessional conduct” (and subject to licensing board discipline) for a physician to offer more than 3X the Qualifying Payment Amount (QPA) or 3X Medicare in federal arbitration. Think about that for a minute… Congress deliberately rejected fixed payment caps when drafting the bipartisan No Surprises Act. Instead, lawmakers created independent arbitration so neutral decision-makers could weigh all relevant factors and determine fair payment case by case. H.B. 2211 attempts to override that framework at the state level by capping arbitration offers and threatening physicians’ licenses for fully participating in a federally established process. The QPA itself has repeatedly been shown to understate true median in-network rates. Capping offers at 3X a benchmark that may already be significantly depressed effectively allows insurers to dictate rates while penalizing physicians who challenge them. Tomorrow, @IndeMedAction will submit formal opposition ahead of the House Appropriations hearing. As of tonight’s registration, there are 2 in favor — both BCBS representatives — and 137 opposed — including frontline physicians, nurses, CRNAs, and major Arizona physician organizations This doesn’t fix a broken system. It undermines one that is working for patients. Stay tuned for our full statement tomorrow.