October 14, 2021
The Honorable Chiquita Brooks-LaSure
Administrator
Centers for Medicare & Medicaid Services
U.S. Department of Health and Human Services
Hubert H. Humphrey Building, Room 445–G
200 Independence Avenue, SW
Washington, DC 20201
Dear Administrator Brooks-LaSure:
The undersigned organizations representing state medical associations and the nation’s medical specialty societies write to express our strong concerns over unfair business practices with respect to electronic payments in health care. For over seven years, many of our organizations, as well as our individual members, have urged the Centers for Medicare & Medicaid Services (CMS) National Standards Group to clarify and enforce the right of physicians to receive electronic payments via the Automated Clearing House electronic funds transfer (EFT) standard without being forced to pay percentage-based fees for “value-added” services. In the absence of clear guidance and related enforcement on this issue, physicians have been plagued by financial losses and administrative burdens—an alarming result, given the efficiencies expected with the adoption of an electronic transaction standard. We request that the Biden Administration swiftly address this problem by (a) issuing guidance that affirms physicians’ right to choose and receive basic EFT payments without paying for additional services and (b) undertaking the associated enforcement activities.