Washington Physicians Seek Injunction on New State Law That Limits Medicaid ER Visits

The Washington State chapter of American College of Emergency Physicians has filed a lawsuit in Thurston County Superior Court, seeking an injunction to stop a new state law that limits Medicaid emergency room visits, according to a Seattle Times report.

The new state law, which went into effect this weekend, now only covers three emergency room visits for non-emergency care per Medicaid beneficiary each year. Any ER visit after the allotted three for any of the 700 non-emergency ailments, listed by the state as typical non-emergencies, will not be covered. Non-emergency ailments include anything from blisters to chest pain. The new law is expected to save the state $35 million.

The lawsuit alleges state officials failed to follow the rule-making process; violated state and federal Medicaid laws and ignored lawmakers' directions, according to the report. Physicians across the state have expressed concern over the new rule, arguing that patients may wait until their conditions require more costly emergency medical attention. Physicians are also concerned that commercial payors may pick up on the trend, according to the report.

The state chapter of ACEP and the Washington State Medical Association have been discussing the rule with state regulators. State officials, who have not yet seen the complaint, did not comment on the lawsuit.

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