House adopts limited batching arbitration for out-of-network emergency claims amid debate over consumer costs

The Colorado House on Feb. 26 approved House Bill 11-51, which clarifies when batching arbitration may be used for out-of-network emergency health-care claims. Sponsors said the measure aims to streamline payments to EMTALA-based providers who treat patients in emergency situations; opponents said it could increase costs for patients and undermine protections enacted in 2019.

Representative Stewart, presenting the Health and Human Services committee report, said the bill "aims to ensure that EMTALA-based health care providers who provide out of network care in emergency situations are paid" and to provide a limited batch arbitration process to resolve claims more efficiently. Representative Hartzuck, a co-prime sponsor, said the change mirrors administrative batching used for in-network providers and would reduce administrative costs for out-of-network providers.

Opponents urged a no vote. Representative Garcia argued the bill "puts the 2019 surprise billing statute at risk," saying batching for emergency services could apply broadly to specialists who touch a patient in the emergency department — anesthesiologists, radiologists, pathologists and others — and could increase costs for consumers. Garcia and others said stakeholders agreed to pursue a broader negotiated solution over the summer rather than adopt the current approach.

Representative Bradley spoke in support, saying providers are losing money and that batching reduces administrative burdens; he described the proposed process as an efficiency measure backed by clinicians.

The House adopted the committee report and passed House Bill 11-51 on voice vote after brief but substantive debate.