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Category: Payer Contracting

  • Why Your Payer Rates Have Not Moved in Five Years

    Commercial payer agreements typically renew automatically. There is no expiry that forces a negotiation, no annual review, and no mechanism by which a rate rises because costs did. The rate you accepted when you signed is the rate you have until one party opens the subject, and the payer has no reason to be that party.

    Nevertheless, a commercial or MCO payer may terminate provider contracts at any time without explanation. In these cases, an internal decision may have been made based on a developed saturated provider-type census. There may be no recourse for the provider except to possibly expose potential network accessibility problems for network clients for the provider type to be demonstrated by the dropped provider to state agencies and/or CMS.

    First question: are you being paid your contracted rate?

    Before negotiating a better rate, verify you are receiving the current one. Underpayment against contracted terms is common and tends to be systematic rather than random—a fee schedule loaded incorrectly, a code group mapped to the wrong tier, a modifier handled differently than the contract specifies, SOAP note and documentation gaps per payer guidelines and rules, or the lack of supervisor verification signatures.

    The test is mechanical: pull a claims-level extract of what was actually paid by code and payer over a representative period, and compare it line by line to the contracted fee schedule. Where variance appears, the contract’s own dispute provisions are the remedy, and recovery is often retroactive within the contractual lookback.

    It is not unusual for this exercise alone to produce more revenue than the rate increase that prompted it.

    What actually moves a negotiation

    Network managers do not approve increases because a provider needs one. They approve increases they can defend internally. Three arguments do that work:

    • Network adequacy. If the plan cannot demonstrate adequate access in your specialty and county without you, your position is materially stronger than your size suggests. This is the single most underused argument by small providers.
    • Cost or quality data. Documented outcomes, lower total cost of care, or lower utilization of downstream services give the network manager something to take to their committee.
    • Comparative benchmarking. A rate positioned against comparable contracted rates in the same market is a specific, answerable request. ‘We need more’ is not.

    Read the terms, not only the rates

    Rates get the attention, but the provisions that determine what you actually collect are often elsewhere in the document: timely filing windows, the payer’s unilateral amendment rights, medical policy incorporation by reference, appeal deadlines and levels, offset and recoupment rights, and termination notice periods.

    A contract that permits the payer to amend its fee schedule on notice is not really a rate agreement. Knowing which of your contracts contain that provision changes which ones are worth reopening.

    Sequencing

    Do not open every contract at once. Rank by volume and by leverage, start where both are highest, and use a successful renegotiation as a benchmark for the next conversation. And when a new rate is agreed, verify it against subsequent remittances — a negotiated rate that never gets loaded is worth exactly nothing.


    We obtain and analyze new and existing provider contracts and negotiate rates

    Our founder ran operations as a former CEO and provider contracting head from inside managed care organizations before advising providers. The terms get read the way the payer wrote them. We have developed a hybrid messenger model for approaching provider network contract negotiations and acquisition using a proprietary machine-learning (ML) statistical analysis.