A clause has been added to a New York State assembly bill and a New York Senate bill that would allow health insurers to place time limits on anesthesia care, according to a May 27 news release from the American Society of Anesthesiologists.
The ASA “firmly opposes the surreptitious maneuver labeled a ‘hidden clause’ or ‘concealed term’,” the release reads.
In November 2024, Anthem Blue Cross Blue Shield floated a policy that would have placed time limits on procedures using anesthesia in Missouri, New York and Connecticut. Following feedback from patients, physicians and industry groups, Anthem withdrew the proposal.
Several states have since taken legislative action to ban such time limits altogether, including Washington, Missouri, Illinois and New Jersey.
New York Gov. Kathy Hochul posted on her social media in December 2024 in response to the BCBS policy, writing, “Outrageous. I’m going to make sure New Yorkers are protected.”
The two bill amendments would legally allow insurers in New York to predetermine the time allowed for anesthesia care during surgery or a procedure.
“If an anesthesiologist submits a bill where the actual time of care is longer than allowed, the insurer will deny payment for the anesthesiologist’s service,” Donald Arnold, MD, president of the ASA, said in the release. “With this newly added language, insurers will be allowed to deny payment to anesthesiologists for delivering safe and effective anesthesia care to patients who may need extra attention because their surgery is complex, difficult, unusual or a complication arises. Once again, big insurance is working to place profits ahead of patients, this time through a tricky political maneuver.”
Payment for anesthesia services is currently based on several factors, including the exact amount of time for anesthesiologists to deliver care preoperatively, during the operation and when transitioning the patient to the recovery unit afterwards.
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