Please share with patients!
Insurance Companies May No Longer Discriminate Against NDs
for Same Services - It's the Law!

The provider non-discrimination provision of the Affordable Care Act went into effect on January 1, 2014. Insurance plans issued on or after this date are now prohibited from treating naturopathic physicians differently from other providers when the ND is treating the same conditions or performing the same services that the insurer would otherwise cover.

After almost a year of OANP working with Oregon’s Insurance Division in advance of this law going into effect, it appears that the majority of insurers and insurance plans are in some way still violating this law.

OANP’s Board has already begun filing complaints.
We need your help too!

Resources in this email:

Link to Complaint Form

Link to Patient Flyer

Sample Patient Email

Sample Facebook Post


Text of Law

What You Can Do

  1. Encourage Patients to File Individual Complaints - You can Immediately encourage your patients to file complaints with the Insurance Division. Use the tools in the green box above to:

    • Send an email to your patients 
    • Put a flyer in your waiting areas
    • Post a message to your facebook page

  2. Aggregate Complaints from Clinics - Since this is a widespread problem involving thousands of patients, the Insurance Division is creating a form and process for us to file aggregate complaints organized by insurance carrier.  The new complaint form for aggregate data should be ready in early March. We urge you to immediately begin collecting data yourselves to be prepared when the new complaint process is initiated for aggregate data.

    Create a spreadsheet today with the following information for every claim denial, insurance verification, or reimbursement that seems to be discriminatory. Keep it by your desk or with your billers whenever you do patient benefit verification or claims processing. Collect the following:

    • Patient Name, Address & Age (complaints to the insurance division are HIPAA compliant)
    • Policy Number
    • Insurance Carrier
    • Claim Number
    • Date of Service
    • Type of Insurance (Group Health or Individual Health)
    • Details of why you think the carrier is violating the anti-discrimination provision (i.e., annual caps, different deductibles or caps, different copays, denial of service, etc)

  3. Sign the petition at AANP's to tell the Governor to ENFORCE THE LAW.

Examples of What Might Be a Violation of Section 2706
of the Public Health Service Act as added by the Affordable Care Act 

    • Not covering ND services at all, even as an out-of-network provider.
    • Applying a $1,000 or other annual cap for services that are identical to those of other providers not subject to this cap.
    • Applying labs and diagnostic imaging against a different "alternative care" cap instead of applying it to the plan's normal deductible.
    • Refusing to pay for a pharmaceutical, lab, or diagnostic imaging where it would be covered when done by another provider.
    • Not covering mandated routine preventive screenings like mammograms, etc.
    • ND is in-network with insurer but some plans offered by insurer deny coverage of services by ND.
    • Reimbursement rates for same quality and performance of services done by an ND are substantially different for ND than for other providers.

      Text of the Non-Discrimination Law

§ 2706(a) of Public Health Service Act, created by § 1201 of Patient Protection and Affordable Care Act ("PPACA”) - NON-DISCRIMINATION IN HEALTH CARE.

‘‘(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 estab- lished by the plan or issuer. Nothing in this section shall be con- strued as preventing a group health plan, a health insurance issuer, or the Secretary from establishing varying reimbursement rates based on quality or performance measures. - 42 U.S.C. §300gg-5(a).