Colorado anesthesiologists win right to sue

A court ruling lets doctors challenge the law opting out of physician supervision of nurse anesthetists.

By Myrle Croasdale, AMNews staff. Dec. 1, 2003.

A Denver District Court judge has refused to dismiss a lawsuit filed by the Colorado Society of Anesthesiologists against Gov. Bill Owens over his decision to opt out of a Medicare rule requiring physician supervision of certified registered nurse anesthetists.

The decision allows the Colorado Society of Anesthesiologists to move forward with the lawsuit, filed in February 2003. The judge also determined that the anesthesiologists did not have to exhaust administrative actions before bringing their case.

"The exemption process requires that any decision be consistent with existing state law, and that is simply not the case in Colorado," said Randall Clark, MD, spokesman for the society.

Under Medicare rules, anesthesia services not supervised by a physician are not reimbursed.

The Bush administration gave governors the right to opt out of the Medicare rule in 2001 if this was in accordance with state law and the governor deemed that doing so would be in the public's best interest.

The opt-out allows hospitals to be reimbursed for anesthesia services even though a physician is not overseeing the work of CRNAs.

Seven states opted out during the first two years of the offer, with Alaska, North Dakota and Washington joining their ranks in 2003.