The American Association of Nurse Anesthesiology has filed an appeal in a ruling that dismissed claims of payers unlawfully paying CRNAs less than physician anesthesiologists for providing the same services.
The initial complaint was filed against HHS in September 2024, and claimed the agency had failed to enforce a provision of the ACA that prohibits discrimination against providers based solely on their licensure.
The AANA further alleges that, by paying CRNAs less for the same services as a physician anesthesiologist, rural and underserved patients are put at a disproportionate disadvantage, as CRNAs account for over 80% of anesthesia services in rural counties and administer more than 50 million anesthetics annually in the U.S., according to a white paper from Medicus Healthcare Solutions.
The court granted HHS’ motion to dismiss AANA’s complaint Aug. 26. In a statement, AANA President Jeff Molter said that the organization would “continue to evaluate and pursue all available legal options on behalf of our membership and remain focused on advocacy efforts against provider discrimination to ensure patients’ access to care.”
In July, UnitedHealthcare issued a policy update that cut reimbursements for CRNAs by 15%. The update is scheduled to take effect Oct. 1, and will apply to anesthesia services rendered by CRNAs practicing independently, who will now receive 85% of the allowable reimbursement.
According to AANA’s complaint, the cut is based solely on the licensure of the provider, not differences in services provided, amounting to a violation of the nondiscrimination provision in the ACA.
