On February 1, with the support of the CAP, the New Hampshire Society of Pathologists (NHSP) represented by Eric Loo, MD, FCAP, testified before the New Hampshire Senate Health and Human Services Committee in opposition to legislation (Senate Bill 173) advocated by the Department of Insurance to revise the state's out-of-network law. The CAP partners with state societies to oppose adverse state legislative proposals to pathology practices.

Dr. Loo also testified on behalf of the New Hampshire Medical Society, as its current President. (Eric Loo, MD. FCAP, Testimony at 4:39:30). The New Hampshire out-of-network law was enacted in 2018, regulating the billing and payment for such services based upon a “commercially reasonable” rate as determined by the Department of Insurance when such payment is in dispute.

In his testimony, Dr. Loo stated the current New Hampshire law, in December 2021, was determined by the federal Centers for Medicare & Medicaid Services (CMS) and the Health and Human Services (HHS) Department as a "specified state law" that fully met the requirements of the federal No Surprises Act and as such is controlling for state-regulated health plans. Accordingly, Dr. Loo affirmed, "based upon this official recognition, we see no compelling public policy need to amend the law."

Dr. Loo stated that Senate Bill 173 "would negate the negotiated agreement of the 2018 law and instead confer upon the Commissioner of Insurance unilateral, unfettered discretion to determine an out-of-network rate based upon the Commissioner's determination of 'what is in the public interest.'" Dr. Loo noted that no other state has such a vague standard for determining an out-of-network rate.

The Department of Insurance testified in support of the bill and cited concerns over delays in insurance industry payments to health care providers after arbitration concludes and asserted "until the issue is resolved and the payment is issued that bill continues to hang over the head of the consumer."

The New Hampshire Hospital Association (NHHA) rebutted that under the federal NSA, and the current New Hampshire law, no patient was at financial risk of being balanced billed and that the dispute resolution process at the state and federal levels does not create any additional financial risk for patients.

Previously, the effective coalition of hospital-based physician specialties, the New Hampshire Medical Society, and the New Hampshire Hospital Association defeated a similar bill in 2022 backed by the Insurance Department.

The CAP will continue to monitor and collaborate with NHSP, NHMS, NHHA, and the rest of the physician coalition to oppose the bill.