The Affordable Care Act (aka “Obamacare”) was fully enacted on January 1, 2014. It is likely the most confusing health care law ever enacted. In addition, the federal government has not issued administrative rules with the ACA, nor have courts yet interpreted the new law. Because of this, physicians and insurers alike have not been able to understand all of Obamacare’s new regulations. There is one important section of Obamacare that chiropractic physicians must give special interest: Section 2706 (now codified as 42 U.S.C. Sec. 300gg-5) Harkin’s Non-Discrimination law.
(a) PROVIDERS.—A group health plan and a health insurance issuer offering group or individual health insurance coverage shall not discriminate with respect to participation under the plan or coverage against any health care provider who is acting within the scope of that provider’s license or certification under applicable State law. This section shall not require that a group health plan or health insurance issuer contract with any health care provider willing to abide by the terms and conditions for participation established by the plan or issuer. Nothing in this section shall be construed as preventing a group health plan, a health insurance issuer, or the Secretary from establishing varying reimbursement rates based on quality or performance measures.
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