ASA, ACR, and ACEP Urge Elevance to Reconsider Flawed New Policy: Groups Challenge Legality and Ethics of 10% Facility Payment Penalty

The American Society of Anesthesiologists (ASA), the American College of Radiology (ACR), and the American College of Emergency Physicians (ACEP) have issued a formal joint communication to Elevance Health, expressing strong opposition to its newly announced Commercial Facility Administrative Policy, scheduled to take effect January 1, 2026. In a detailed statement addressed to Elevance President and CEO Gail Boudreaux, the organizations outlined serious concerns about the policy’s imposition of a 10% administrative penalty on facility claims involving out-of-network clinicians, including anesthesiologists, radiologists, and emergency physicians.

This joint communication underscores how the policy unfairly shifts Elevance’s network adequacy responsibilities onto hospitals and ambulatory surgery centers (ASCs), placing them in a financially and operationally untenable position. By threatening facilities with network termination and prohibiting the passing of penalties to members, the policy undermines clinical autonomy and jeopardizes access to essential services. ASA, ACR, and ACEP emphasized that facilities have no control over the contracting status of independent physician groups and that enforcing such contracts raises serious legal and ethical concerns.

The organizations have requested a meeting with Elevance leadership to discuss the policy’s implications and advocate for a more collaborative and sustainable approach to provider contracting. ASA, ACR, and ACEP remain committed to protecting patient access to high-quality care and supporting the clinical independence of medical professionals. Members are encouraged to stay informed and engaged as this issue develops.