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Labor Dept. Warns Health Plans Over Inaccurate Provider Directories

Summarized from DOL News Releases and Briefs

A federal survey found 36% of provider directory listings were wrong, leaving workers exposed to surprise out-of-network costs.

Labor Dept. Warns Health Plans Over Inaccurate Provider Directories

The U.S. Department of Labor on Wednesday issued an enforcement alert directing employers and health plan fiduciaries to ensure their provider directories are accurate and regularly updated, citing widespread errors that can trap patients with unexpected medical bills.

An undercover survey by the department's Employee Benefits Security Administration, in which investigators contacted more than 27,000 providers across 27 networks, found that more than one-third of directory listings contained incorrect information. The errors ranged from listing physicians who are no longer in-network to outdated contact details, creating barriers that can delay or entirely deter patients from seeking care.

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The compliance concerns run deeper than simple data hygiene. Using a "pathway to service" metric — which measured whether a listed provider could be reached, confirmed as in-network, and seen by a new patient within 30 days — EBSA determined that 66% of medical and surgical providers fell short. Among mental health and substance use disorder providers, the failure rate climbed to 74%, a gap that advocates say carries serious consequences given ongoing demand for behavioral health services.

Health plans and insurers are legally obligated under the Employee Retirement Income Security Act and the No Surprises Act to maintain current directory data. The enforcement alert spells out fiduciary responsibilities under those statutes and offers a checklist of questions employers can pose to their service providers to gauge how directories are maintained and how often they are refreshed.

Secretary of Labor Keith Sonderling said the guidance signals that regulators expect measurable improvement. Employers and workers seeking assistance can reach EBSA at askebsa.dol.gov or by calling 866-444-3272 toll-free. Continue reading at DOL News Releases and Briefs.

Frequently Asked Questions

Q.What did the Labor Department's secret shopper survey find about provider directories?

Investigators contacted more than 27,000 providers across 27 networks and found that 36% of provider directory information was incorrect. The errors included listing doctors who are out of network, which can lead to delays in care or higher out-of-pocket costs.

Q.What is the 'pathway to service' metric used by EBSA?

EBSA's pathway to service metric evaluates whether a listed provider can be contacted, confirmed as in-network, and is accepting new patients within 30 days. Sixty-six percent of medical and surgical providers and 74% of mental health and substance use disorder providers failed to meet all three criteria.

Q.What laws require health plans to maintain accurate provider directories?

Health plans and insurance issuers are required under the Employee Retirement Income Security Act and the No Surprises Act to regularly verify, update, and publish accurate provider directory information.

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