We recently learned of board-certified registered nurses and physician assistants practicing in the rural Midwest who have been unable to prescribe treatments to their patients due to discriminatory practices by a multi-state health insurer. These individuals are licensed under state law to prescribe medications to their patients, but the insurer has refused to cover the prescriptions unless they are signed by a board-certified physician. We believe that this amounts to a violation of Sec. 2706 of the Patient Protection and Affordable Care Act (ACA), which prohibits health plans from discriminating against health care providers who are acting within the scope of their license under state law. In response to this discriminatory behavior, Aimed Alliance has sent a letter to the insurer requesting that it voluntarily comply with this section of the ACA and warning it of the legal risks it is exposing itself to if it refuses.
Subsequently, Aimed Alliance filed complaints regarding the insurer’s discriminatory behavior with attorneys general and insurance commissioners in Minnesota, North Dakota, and South Dakota:
- Complaint to Minnesota Attorney General
- Complaint to Minnesota Insurance Commissioner
- Complaint to North Dakota Attorney General
- Complaint to North Dakota Insurance Commissioner
- Complaint to South Dakota Attorney General
- Complaint to South Dakota Insurance Commissioner
Has an insurer discriminated against you in this way? We’d love to hear about it as we continue to work on this issue.