Health insurers hedge on Trump-backed pledge to improve denials process

A year after Secretary of U.S. Health and Human Services Robert F. Kennedy Jr. announced that dozens of health insurers had signed a six-part pledge promising to reduce barriers to doctor-recommended care, some insurers now say they won't implement all the promised initiatives. (Photo by John Partipilo/Tennessee Lookout)

This article first appeared on KFF Health News.

One year after the Trump administration announced that dozens of health insurers had signed a six-part pledge promising to reduce barriers to doctor-recommended care, some insurers now say they won't implement all the promised initiatives.

Meanwhile, patients, their advocates, and clinicians say little has improved.

"It has never been this bad for patients," said U.S. Rep. Greg Murphy (R-N.C.), a physician who co-chairs the GOP Doctors Caucus.

The overarching intent of the June 2025 pledge was to improve a controversial process called prior authorization, which regularly requires patients or someone on their medical team to seek approval from insurers before proceeding with treatment.

According to AHIP, the health insurance industry trade group, health plans have eliminated 6.5 million prior authorizations for patients — equal to an 11% reduction — since the announcement.

But critics remain skeptical. Sally Nix, a patient advocate who has a chronic disease, described the voluntary pledge as "performative." And Murphy, who participated in the news conference with Health and Human Services Secretary Robert F. Kennedy Jr. announcing the pledge last year, said it has "no teeth."

Voluntary insurer pledges rarely make things better for patients, said Sabrina Corlette, a research professor at the Center on Health Insurance Reforms at Georgetown University.

"In the absence of clear rules, policies, standards, and mandates," she said, insurance companies are "going to do what makes sense for them to do financially."

The Department of Health and Human Services did not respond to questions for this report. It isn't clear how, or whether, the Trump administration is holding insurers accountable.

'Zero faith'

Prior authorization — sometimes called preauthorization or precertification — has been around for decades. The insurance industry has long argued that the practice, which varies by company, helps control costs, reduces waste and fraud, and prevents potential harm to patients. It's regularly invoked for a huge swath of services, ranging from low-cost urgent care to expensive cancer treatment.

"Prior authorization is a vital patient safeguard," said Chris Bond, a spokesperson for AHIP.

The 2024 killing of UnitedHealthcare CEO Brian Thompson sparked a national groundswell of anger about insurance denials, with patients and doctors becoming increasingly vocal about the tactics they say insurance companies use to boost profits at the expense of care.

Prior authorization reform is one of the rare healthcare issues Democrats and Republicans tend to agree on. On July 15, the House Ways and Means Committee unanimously advanced a bill that would force Medicare Advantage plans to provide to the federal government a list of all items and services that are subject to prior authorization, and to report data about denials and grievances, among other requirements.

Last year's industry pledge was organized as a direct response to public anger, Mehmet Oz, administrator of the Centers for Medicare & Medicaid Services, said when it was announced. "There's violence in the streets over these issues," he said.

"Americans are upset about it," Oz said, later adding, "I'm looking forward to seeing the results."

Mike Gartner, founder of Health Access Innovation, an organization that helps patients overturn insurance denials, said he doubts that insurance companies are changing their policies in meaningful ways. The 11% reduction in prior authorization cited by AHIP "hides a lot of nuance," Gartner said.

Patients who need the costliest services, such as cancer treatment, are still being disproportionately denied access to doctor-recommended care, he said.

AHIP said its data included reductions in prior authorization for medical services, not prescription medicines. The trade group didn't provide details explaining which services have been dropped from prior authorization or how those reductions differ across individual insurers.

Last year, Oz said the federal government would be "evaluating progress" toward the pledge and "driving accountability," and he foreshadowed "public dashboards." But no such dashboards exist, and federal officials did not respond to questions about how they're holding companies accountable.

Murphy, the North Carolina congressman, said he has "zero faith" in the industry policing itself.

He didn't believe insurance companies then, he said, "and I don't believe them now."

'At war' with an insurer

In February, days after Betsy Adler and Justin Young's daughter Coco was born with a serious heart defect, the Stillwater, Minnesota, family received paperwork showing they were racking up out-of-network costs.

During Adler's pregnancy, the family had switched insurers, moving to Medica, which is based in Minnetonka, Minnesota, and one of many insurers that initially signed the industry pledge. Adler said she'd checked with her employer's human resources department and on Medica's website to make sure her maternal-fetal specialists and hospital were in-network before their new health plan went into effect earlier this year.

But then, the insurance company started processing some claims as out-of-network. By mid-March, the family had accrued more than $4,000 in out-of-network charges, on top of more than $3,000 for in-network bills. And the bills kept coming.

Shortly after Betsy Adler's daughter Coco was born with a serious heart defect, she started receiving estimates showing her family could owe thousands of dollars in out–of-network costs. Adler had switched insurers to Medica during her pregnancy and said she was assured that her care would be covered at in-network rates. (Photo by Justin Young for KFF Health News)

When Adler, a psychotherapist, called to figure out what was going on, she said, an insurance company representative said she hadn't submitted a referral from her primary care provider beforehand. Attempts to fix the problem went nowhere. At one point, Adler said, Medica required her to visit a clinic she'd never been to before to obtain a referral. But she said a Medica representative told her the referral was never received, because the insurer's fax machine was down.

"I have a critically ill child," Adler remembered thinking shortly after Coco was discharged from the cardiovascular intensive care unit. "I can either spend my emotional energy at war with Medica, or I can let it go and just enjoy my time with my daughter."

Medica spokesperson Greg Bury said he wouldn't discuss the case, citing patient privacy rules. In an emailed statement, he wrote the company is "committed to working with her to ensure she understands what is covered under her benefits and our responsibilities."

One of six specific promises all insurers made when they signed the pledge was to honor a 90-day grace period when patients switch insurance plans, starting Jan. 1 of this year. Often called "continuity of care," this grace period allows patients to temporarily continue receiving services and medications that were authorized under a previous insurer.

But that applies only in some circumstances, Georgetown's Corlette said. The wording of the pledge suggests that insurance companies aren't obligated to honor another company's network parameters. When Adler and Young switched insurers, for example, Medica was not obligated to cover the cost of out-of-network providers as if they were in-network, even though they were in-network under the family's old plan.

Adler and Young switched insurance companies again when Coco was a month old, to avoid accruing more out-of-network costs.

Denial after approval

The percentages cited by AHIP don't tell the whole story, said Nix, the patient advocate. Insurers are "not including the data for the loopholes they create," she said.

For example, nothing in the pledge prevents insurance companies from retroactively denying payment, even when care is preapproved. "Patients are going to see a lot more retroactive denials," said Nix, who recently had her insurer process, then later deny, a claim for injections to relieve her nerve pain.

Something similar recently happened to Jocelyn Austin, 49, of Amherst, New York. Over the course of nearly 20 years, she developed an addiction to sleeping and anxiety pills prescribed to her by a doctor. Last year, she spent weeks at an inpatient treatment center for substance abuse. Her insurer, Independent Health, had approved the admission. Austin said she has been substance-free since her discharge.

But the facility sent her a bill for more than $12,000 in December showing her insurer had not paid for the treatment she received, according to documents Austin shared with KFF Health News. This was in addition to the $10,000 she paid at the beginning of her treatment to satisfy her out-of-network deductible. The approval letters from Independent Health had specified that "authorization is not a guarantee of claim payment."

Frank Sava, a spokesperson for Independent Health, said a denial was issued and upheld in this case because the services provided "were inconsistent with the care that was authorized" and "the medical record did not sufficiently support what was billed." He said those findings were reviewed and confirmed by an outside consultant.

An explanation of benefits issued by the insurer last summer indicated the "provider," not the patient, was responsible for the cost of her treatment. And yet the treatment facility has continued to pressure her for payment, she said.

Austin, who has not paid her outstanding bill, said insurance companies "should be held accountable."

'Significant work ahead'

Another one of the six commitments insurers made last year was to adopt new technology that would standardize the electronic submission of prior authorization requests. During the news conference announcing the pledge last summer, Chris Klomp, the director of Medicare and a deputy CMS administrator, said more than 50% of prior authorizations are still paper-based and processed by phone or fax machine.

In April, AHIP released an update related to that technology initiative, explaining that participating insurers would adopt the new standards on a rolling basis. Health insurers agreed to implement the pledge's various commitments by predetermined deadlines, and this initiative is scheduled to be operational by Jan. 1, 2027. But eight insurers that initially signed the pledge last year didn't sign the technology update when it was announced in April, AHIP told KFF Health News.

Those insurers are Alignment Health Plan, EmblemHealth, HealthFirst, Independent Health, Medica, MVP Health Care, Point32Health, and SummaCare. Their beneficiaries span the country, from California to New York. None of those eight insurers agreed to interviews for this report, but most sent KFF Health News emailed statements indicating that they remain committed to prior authorization reform.

AHIP's approach to continuity of care "would have required the transfer of confidential member health information through a non-standardized process involving third-party participation," wrote Jerry Slowey, a spokesperson for Alignment Health, which offers Medicare Advantage policies in Arizona, California, Nevada, North Carolina, and Texas. "We do not believe that level of data sharing was contemplated in the original commitment."

Bury, the spokesperson for Medica, which covers beneficiaries in Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota, Oklahoma, South Dakota, and Wisconsin, said the company "supports the goal of these standardization efforts." But the April update "raised a significant technical and operational hurdle that we are not able to commit to at this time," he said.

Alex Gomez, a spokesperson for EmblemHealth, said in late June the company "will sign onto the commitment" after KFF Health News posed questions about why it had not endorsed the April update.

"We anticipate more plans will be added over the coming months," said Bond, the AHIP spokesperson. Health plans are "working continuously to implement their commitments to simplify and improve the experience." He acknowledged that "there is still significant work ahead."

The original pledge also included a promise that insurance companies would enhance transparency and use "clear, easy-to-understand explanations" when communicating to patients — something they were already supposed to be doing under the Affordable Care Act.

Yet companies still regularly neglect to explain why care has been denied, and their communications often contain "inconsistent and contradictory information," said Gartner, of Health Access Innovation. He and Murphy also said they suspect insurance companies are increasingly using artificial intelligence to generate denials.

"They craft the pathways to basically deny things immediately with the hope that people will give up," Murphy said.

The congressman said he wishes President Donald Trump would sign executive orders addressing some of these issues. "The problem is the insurance industry is the strongest lobby in this town."

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Courtesy of Minnesota Reformer