I 

118TH CONGRESS 

2D SESSION H. R. 10331 

To prohibit health insurers, including Medicaid managed care organizations 

and other private health plans, from imposing arbitrary time caps on 

reimbursement for anesthesia services and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 9, 2024 

Mr. TORRES of New York introduced the following bill; which was referred 

to the Committee on Energy and Commerce 

A BILL 

To prohibit health insurers, including Medicaid managed care 

organizations and other private health plans, from imposing arbitrary time caps on reimbursement for anesthesia 

services and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Anesthesia for All 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Anesthesia care is essential and must be de2 termined by medical necessity, not arbitrary limits. 

3 (2) Time caps on reimbursement jeopardize pa4 tient safety, impose financial burdens, and interfere 

5 with informed medical decisions. 

6 (3) Prohibiting such practices protects patients, 

7 promotes fairness, and ensures equitable access to 

8 essential healthcare services. 

9 SEC. 3. PROHIBITION ON ARBITRARY TIME CAPS FOR AN10 ESTHESIA SERVICES. 

11 (a) IN GENERAL.—Part A of title XXVII of the Pub12 lic Health Service Act (42 U.S.C. 300gg et seq.) is amend13 ed by adding at the end the following new section: 

14 ‘‘SEC. 2730. PROHIBITION ON ARBITRARY TIME CAPS FOR 

15 ANESTHESIA SERVICES. 

16 ‘‘(a) PROHIBITION ON TIME LIMITS.—A group 

17 health plan, and a health insurance issuer offering group 

18 or individual health insurance coverage, may not impose 

19 arbitrary time caps on reimbursement for anesthesia serv20 ices provided during medically necessary procedures. 

21 ‘‘(b) REQUIREMENT FOR REIMBURSEMENT BASED

22 ON MEDICAL NECESSITY.—Reimbursement for anesthesia 

23 services shall be determined based on medical necessity as 

24 assessed by the attending anesthesiologist or licensed an25 esthesia provider. 


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1 ‘‘(c) DENIAL OF PAYMENT.—A group health plan, 

2 and a health insurance issuer offering group or individual 

3 health insurance coverage, are prohibited from denying 

4 payment for anesthesia services solely because the dura5 tion of care exceeded a pre-set time limit.’’. 

6 (b) MEDICAID.—Section 1902(a) of the Social Secu7 rity Act (42 U.S.C. 1396a(a)) is amended— 

8 (1) in paragraph (86), by striking ‘‘and’’ at the 

9 end; 

10 (2) in paragraph (87), by striking the period 

11 and inserting ‘‘; and’’; and 

12 (3) by inserting after paragraph (87) the fol13 lowing new paragraph: 

14 ‘‘(88) provide that medical assistance consisting 

15 of anesthesia, including such assistance furnished 

16 through a managed care organization, is not subject 

17 to arbitrary time caps on reimbursement when fur18 nished during medically necessary procedures (as de19 termined by the attending anesthesiologist or other 

20 provider of such anesthesia) and that payment is not 

21 denied for such assistance solely because the dura22 tion of such assistance exceeded a pre-set time 

23 limit.’’. 


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1 SEC. 4. OVERSIGHT BY INSPECTOR GENERAL. 

2 (a) MONITORING AND AUDITS.—The Office of the In3 spector General of the Department of Health and Human 

4 Services shall— 

5 (1) conduct periodic audits of health insurers to 

6 assess compliance with the provisions of this Act; 

7 and 

8 (2) investigate allegations of noncompliance 

9 submitted by patients, providers, or other stake10 holders. 

11 (b) REPORTING TO CONGRESS.—Not later than one 

12 year after the date of enactment of this Act, and every 

13 3 years thereafter, the Inspector General described in sub14 section (a) shall submit a report to Congress that in15 cludes— 

16 (1) the findings of audits conducted under sub17 section (a); 

18 (2) the number and nature of violations re19 ferred to the Secretary of Health and Human Serv20 ices; and 

21 (3) recommendations, if any, for improving 

22 compliance with the provisions of this Act. 

Æ 


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