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CA
Joined October 2019
Devin Zarkowsky retweeted
Ms. Weil, explaining the distinction inside a paywalled article doesn’t fix a misleading headline. You acknowledge this concerns hospital-owned practices, yet the headline suggests physicians are pretending their offices are hospitals to inflate charges. Hospital ownership is central to the story not the physicians. It is definitely misleading and implies an agenda. The Washington Post’s standards say: “No story is fair if it consciously or unconsciously misleads or even deceives the reader.” As an independent physician, I support scrutiny of hospital facility fees. But the headline should clearly identify hospital ownership so readers know who is responsible. @juliezweil @washingtonpost
Thanks for the feedback. I believe it's very clear in the article that this is entirely about the fees charged by hospital-owned medical practices, as opposed to independent physicians.
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Traditional Medicare used to skip prior auth. In 6 states, including New Jersey, a pilot called WISeR put AI-assisted prior auth back in. On Oct 15, a CMS deputy administrator said "there are a lot of things about WISeR that are not working." It's bad for independent practices. Hospitals can absorb the unpaid admin time. A solo office can't. The House spending bill would cut off its funding. The Senate voted 46-50 against ending it. Current funding runs out Dec 11. Doctors, residents, med students: ask your House member and both senators to keep the WISeR funding ban in the final bill. Template below.
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Devin Zarkowsky retweeted
According to Grok, this article discusses Hospital Outpatient Departments (HOPDs), not independent physicians. The title should say that when hospitals buy a practice, they can charge a facility fee that inflates costs. This is exactly why hospitals should NOT be allowed to own physicians. The title is blaming physicians when hospitals are the culprits.
Doctors’ offices are charging patients 10 times more by claiming to be hospitals 
Even when patients never step into a hospital, they may be charged hospital “facility fees,” and their care may be billed at higher rates. washingtonpost.com/business/…
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Devin Zarkowsky retweeted
When Dr. Will Flannery (@DGlaucomflecken) had a cardiac arrest during COVID, he received a $20,000 surprise bill form out-of-network physicians at the in-network hospital where he was taken. On the latest Knock Knock Hi podcast, he explains why the No Surprises Act matters and why insurers are now lobbying to change it. His key points line up with the data: 1. Patients are protected. The law took them out of the middle and arbitration only decides what the insurer owes to the physician 2. Physicians win most disputes because independent arbitrators, choosing between two offers, keep finding that the insurer’s number is too low 3. Insurer benchmarks track Medicare, which has cut physician pay for decades based on budgetary guidelines and is not a neutral yardstick. 4. Winning isn’t only on paper. Federal rules require payment within 30 days of an award, yet insurers routinely drag it out for months and don’t pay on roughly 40% of all claims. His final message: If Congress is going to revisit the NSA, then do it by enforcing prompt payment. Listen in here: youtube.com/watch?v=SoeX15xU…
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Of course Medicare pays the hospitals and not the independent doctors. Why would they? (Sarcasm)
When a Medicare patient doesn't pay their deductible or coinsurance at a hospital, Medicare pays the hospital back 65% of it. When the same patient doesn't pay my office, Medicare pays me nothing. Why is the hospital's bad debt Medicare's problem and mine isn't?
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Devin Zarkowsky retweeted
My favorite is the “portfolio manager” who makes almost $3MM per year.
‘Difficult but necessary’: Largest hospital system in Mass. announces more layoffs ebx.sh/YJBznL
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Wait I keep being told it’s those evil doctors who are driving up health insurance premiums.
Since 2000, hospital prices have risen 295% — triple the rate of overall inflation.
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Devin Zarkowsky retweeted
Replying to @DavidIAuerbach
the QPA methodology is flawed and open to abuse. The Fifth Circuit found that including ghost rates artificially lowered it. Saying “4× QPA” doesn’t establish that an award is unreasonable when the benchmark itself is distorted. I know in-network health-system practices getting several multiples lf Medicare. That’s a different benchmark, but let’s stop pretending everyone gets offered the same in-network rates. The whole reason many of us are OON is that we didn’t accept the rates offered. Why should those rejected rates become our payment ceiling? And this is baseball-style arbitration. Each side submits an offer, and the arbitrator has to pick one. If the payer submits a lowball offer and loses, that doesn’t prove arbitration is broken. It gives the payer a reason to make a reasonable offer. I’ll let the government set my prices if you let it set yours.
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Devin Zarkowsky retweeted
The No Surprises Act legislation is opposed by a number of conservative think tanks on the grounds that it is an unacceptable intervention by the government into the market that raises prices for consumers. But this is in the context of massive govt. intervention in the healthcare market that works to suppress prices. Some examples : Medicare prices are non negotiable and when accounting for inflation reimbursement to physicians is down ~30%. There is also no negotiation with commercial insurers if you are a solo hand surgeon or a small group of pediatricians. If you choose to go in-network .. you accept their prices that are massively discounted relative to what they pay larger systems and organizations who can and do negotiate. Independent Physicians can’t organize together to negotiate with insurers unless they clinically or financially integrate because the government has decided that would violate the Sherman act that bars price fixing. And yet Unions are allowed to collectively bargain on behalf of their members and this does raise prices to consumers. )The long term effect of not allowing physicians to bargain collectively is they either join health systems or integrate into a larger group. ) So.. no I don’t find it at all odd that physicians for once got together (thank you Texas) to create a little leverage for negotiating with insurance companies. If you don’t support the NSA then propose a different mechanism for negotiating that isn’t insurances being allowed to price set. The massive latitude given to insurance companies by the way hasn’t worked to curb healthcare inflation anyway. It’s amusing the latest talking point clearly sourced from insurance companies is on arbitrator profits. Here’s a list of large insurers and their profits in the last quarter. If we are going to play the game of what’s an appropriate amount for doctors to be paid and what profit is appropriate for intermediaries given the cost is ultimately borne by the public , why don’t we play the what insurers should make game as well? Since healthcare costs are so important — should we have a hard cap on insurer profits? Should we ask why CVS is passing on costs to consumers at the rate they do given they had $3billion in profit last quarter ?
Replying to @LorenAdler
The government also doesn’t allow me to coordinate with other Philadelphia cardiologists to negotiate with insurance companies unless I’m significantly clinically / financially integrated ( I forget exact working but it essentially requires me/Others to give up operational control ) Labor unions get a pass from collective bargaining precisely because society deemed it ok because of the asymmetry in power between corps and individual employees. That power imbalance is pretty similar between big insurance and independent physician. Want to curb NSA abuses.. go ahead.. but to call out this particular govt. intervention in the market while every other intervention is left in place for all the other players in the health care space is pretty off putting to physicians. That’s partly why there is such a degree of vitriol from physicians on the matter. Would you support a bill to do away with the NSA .. but give independent physicians an exemption from the Sherman act to negotiate together ala unions ?
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Devin Zarkowsky retweeted
Before lecturing me about my fair share of property taxes, explain the hospital’s exemption. Slowly. I’m just the idiot paying for the street.
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Devin Zarkowsky retweeted
Zeke, “no one is offering an alternative” is a wonderful sentence if you get to decide who counts as someone. A physician wants to open a competing hospital. An employer wants to buy surgery directly. A patient wants a price and the freedom to choose. Apparently none of these people has the appropriate fellowship. Meanwhile, the grand alternative is to concentrate the country’s purchasing power in Washington and hope the people who make a living influencing Washington suffer a sudden loss of ambition. After a wholesale takeover of the government by the industries it regulates, I’m sure the next round of lobbying will be very patient-centered. Imagine being a lobbyist and learning that every American’s healthcare dollar will pass through your territory. You’d have to sit down. Perhaps order the boat. I’d rather make hospitals compete for patients who can take their money elsewhere. Let independent physicians offer a better price. Give new competitors a way in. You asked for something else on the table. Competition. Terrible for the dinner invitations, admittedly….
Two-thirds of Americans now say they favor Medicare for All, according to a new @KFF poll. That's the highest level KFF has recorded since it started polling the idea in 2016, up from 53 percent in 2020. This tells me two things: Americans are fed up with rising health care costs, and no one is offering up a more realistic, more effective alternative. You can't beat something with nothing, and right now Medicare for All is close to the only something on the table. Health policy experts need to offer something else. What are your best ideas? (Mine are coming)
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Employed surgeons get told "your collections don't cover your salary." Then why does the hospital keep recruiting you? Your cases fill their OR. That facility fee just never shows up on your line.
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Devin Zarkowsky retweeted
Pick the unethical one 1. Doctor A Follows the letter and spirit of the billing codes. Sees generally chronically ill patients that are somewhat time consuming. Makes time for sick patients, even if they make him run late Frequently gets home late, and does lots of paperwork at night at home Slowly going out of business. Thinking of selling out to a local large non-profit that is e allowed to charge more than double he does for the same work? 2. Doctor B Sees the same sorts of patients as Doctor 1 Maximizes billing within the rules Extracts every available dollar from the system without fabrication or subterfuge Has been audited several times and never failed - But these audits are time consuming, and costly - There is an ever-present threat that someday they will find a minor error and punish him for it Remains a profitable office, but not exorbitant 3. Doctor C Follows the letter and spirit of the billing codes, never pushing the envelope Frequently bills at the low end, substituting volume for code-maxxing Has refined his practice so that he only sees uncomplicated patients Squeezes as many low-complexity patients into his schedule as possible If any patient has a problem or asks too many questions, they are referred to a specialist Very demanding patients are dismissed, or opt out on their own Runs a very profitable office, and always home on time. 4. The medical billing system Uses complicated codes that are easy to misunderstand Tends to underpay for complicated care Encourages under-coding, while discouraging code-maxxing, even when legitimate Allows doctors to go out of business, then pays systems that employ doctors 2+ times as much for the exact same care
There are people, consultants not insurers, who’ve built entire careers and businesses out of unethically gaming the medical billing “system.” These parasitic actors add massive expense to health care. I think most Americans would agree with me that we need to address the incentives that entice these individuals to profiteer from sickness and death.
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Devin Zarkowsky retweeted
I think this is a very well written article and encompasses much of what I discuss on X. Doctors are caught in a world of learned helplessness combined with ethical duty to patients. Employers and corporate America pounce on that and take advantage. Think of all the places where doctors just continue to simply take the hits and not do anything about it. When we do fight back, we are accused of being greedy or violating our ethical responsibilities so we put our heads down and do the job we were trained to do. It’s time we empower our physicians to heal our healthcare system. We don’t need fancy think tanks to tell us what to do. We don’t need corporate America to step in. We need independent doctors doing the best they can with the knowledge and training they have. Take time to read this article. It’s worth 5 minutes. statnews.com/2026/10/13/doct…
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If doctors out of network rates are limited to median in network rates, that leads to downward pressure on doctor pay. If you can’t negotiate any higher than the median rate, the insurance company will never offer anything more than that. So you see a slow decline in doctor pay. This isn’t a hypothetical, CA did this and @EdGainesIII can show the receipts. @LorenAdler would say that declining doctor payments aren’t a bad thing in themselves. I agree we shouldn’t assume that high doctor pay is a good thing in itself. I’d be nothing but a cartel mouthpiece if that was the case. However, declining doctor pay does lead to fewer independent doctors. There is overhead, and if you can’t pay your bills, your practice either closes or gets acquired. As proof, I offer the previous 20 years of declining independent physician practice. While declining reimbursement isn’t the only cause, it’s a big one. Medicare rates are 30% lower than they were 20 years ago. Most practices cant keep the lights on with medicare rates, anymore. So they rely on private insurance. Take away a fair arbitration process and you’ll see more practices bought out by large hospital systems. And that vertical integration drives up prices. So on net you end up with an even more expensive system.
Replying to @DrDiGiorgio
I support the NSA's ban on balance billing At that point, the more market-based solution is network matching, although that wouldn't be sufficient for emergency services. Then the key decision is what OON rate best balances access, quality, & cost.
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Devin Zarkowsky retweeted
Clutch your pearls: a physician doesn’t want to be a part of your network and believes negotiating a rate. How inappropriate of them!? They need to be made examples of… Insurers and commentators like @LorenAdler and @frankpallone seem to believe independent physicians are second class citizens. Insurers decide whether to include us in network, what they will pay, and then still to control us when we decline to participate. Physicians should be able to negotiate payment for our work like any other private business. That means having the leverage to reject rates that are too low.
High arbitration awards under the No Surprises Act should give providers leverage to demand higher contract prices. This looks like TeamHealth beginning to use that leverage in direct deals with employers. Good reporting from @Marketplace: marketplace.org/story/2026/1…
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Devin Zarkowsky retweeted
Just seems like no matter what doctors do under this law it’s seen as gaming the system. The point of the NSA was to (1) prevent patients from receiving surprise bills (2) drive doctors and insurers/employers into contracts Now we get reporting that an employer and physician group negotiated a contract out of the results of the NSA and it is seen as a problem. So… (1) take claims to arbitration and win - gaming the system (2) negotiate contracts with employers based on fair market value, not what the insurer unilaterally says is fair - gaming the system It’s pretty clear what many wanted out of the NSA… for the government to once again put their thumb on the scale in favor of large conglomerates who have driven costs up exponentially. When the government instead chose to let an independent third party to decide, predictably doctors won on the small (5%) of claims that went into arbitration. The system is fine. It’s just not what the insurers wanted.
High arbitration awards under the No Surprises Act should give providers leverage to demand higher contract prices. This looks like TeamHealth beginning to use that leverage in direct deals with employers. Good reporting from @Marketplace: marketplace.org/story/2026/1…
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Devin Zarkowsky retweeted
If you don’t lock in Original Medicare + a Medigap supplement during your one-time 6-month window when you first become eligible, you may never be able to get it later. Choose Medicare Advantage instead and, in most states, Medigap insurers can reject you for preexisting conditions (or ones you develop) if you try to switch back. Seniors I talk to almost universally don’t understand this and are enticed into Medicare Advantage plans with lower monthly premium sales pitch. They also don’t realize Advantage plans typically have higher medical copays than Original Medicare + Medigap Plan G. MA plans also apply much tighter management (prior auth + step therapy) to Part B drugs like chemo and infusions.
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Devin Zarkowsky retweeted
You continue to be disengenuous… Except the part about wanting to removie physician leverage. L Premiums have risen dramatically despite physician price controls. The main reason is that most of the increase in healthcare costs is unrelated to physician reimbursement. To imply that premiums would have risen more is an unverifiable hedge. All those words to say you want to eliminate physicians’ leverage, independence, and autonomy when they negotiate with another private entity. These are contracts between private parties. You want the government to weaken one side’s bargaining position so the other can pay less. Physicians should be able to negotiate their rates like other private businesses. If I decide your work is worth $2.50, should the government enforce that rate? Why should your opinion of my work carry that authority? Calculated from CMS data, approximately 77% of the increase in national healthcare spending from 2023 to 2024 occurred outside the entire physician and clinical services category. Physician earnings accounted for just 8.6% of total spending in a separate study using 2017 data. Restricting physicians’ ability to negotiate does not address hospital pricing, drug costs, or administrative waste. You have other ways to pursue lower costs, but you’ve chosen restrictions that give insurers and hospitals more power over physicians. When physicians call this a shakedown, this is what they mean: using government power to weaken our bargaining position so another private entity can pay us less.
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Devin Zarkowsky retweeted
As you can see below, @LorenAdler and @BrookingsInst don’t believe physicians should be able to negotiate. So, they are advocating for the federal government to set prices and weaken/eliminate negotiation and arbitration between private parties. So the honest question arises: Are physicians the only group that get this privilege? Or does it extend to other citizens? Does this extend to nurses? Hospital administrators? Lawyers? Plumbers? Cops? Landlords? CEOs? If lowering costs justifies government restrictions on our ability to negotiate, explain why that principle stops with physicians.
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